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Resolution-PC 2009-027RESOLUTION NO. PC2009-027 A RESOLUTION OF THE ANAHEIM FLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES), AND A.PPROVING IN PART CONDITIONAL USE PERMIT NO. 2008-05394 {1685 WEST KATELLA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Condirional Use Permit No. 2008-05394 to permit a convenience mazket and authorize a Type 20 (off-sale beer and wine) ABC license for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange, State of Califoznia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a convenience mazket within the General Commercial (C-G) zone, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 18, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and wnsider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspecrion, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: l. That a convenience market with the sales of beer and wine for off-premises consumption in the General Commercial zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Mazkets - Small and Alcoholic Beverage Sales - Off-Sale). 2. That the proposed beer and wine sales would adversely affect the adjoining commercial and residential land uses and the growth and development of the area in which it is proposed to be located because the census tract is over-concentrated with eight (8) off-sale ABC licenses and five (5) off=sale ABC licenses aze permitted, 3. That the proposed convenience mazket would not adversely affect the adjoining commercial and residential land uses and the growth and development of the azea in which it is proposed to be located because all business activiries would remain inside the building. 4. That the size and shape of the site for the existing convenience market is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all sales and operations would remain inside the building. - 1 - PC2009-027 5. That the traffic generated by the convenience mazket would not impose an undue burden upon the streets and lughways designed and improved to carry the traffic in the azea because the convenience mazket is consistent with the types of uses along Katella Avenue and the business requires no more parking than any other retail uses. 6. That the granting of the conditional use permit for the convenience mazket under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That nine persons indicated their presence at said public heazing in opposition; and that two pieces of correspondence and one petition were received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEIZEFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2008-05394, in part, approving the convenience mazket with no sales of beer and wine, subject to the conditions of approvai described in Exhibit "B" attached hereto and incorporated herein by this reference which aze hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby Find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in the revocation of the approval of this application. - 2 - PC2009-027 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Februazy 18, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolurion in the event of an appeal. . CHAIRI~IAI~ AN~F-IEI3vI'PLA~NING COMMISSION ATTEST: ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CZTY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, RAMIREZ NOES: COMMISSIONERS: ICARAICI, ROMERO ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 3 rot day of Mazch, 2009. ~1,1.~ ~~ ~```_ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-027 E\HIS[T „~" CONAITION,AL LISE FERMIT NO. 200$-O5394 SUMAC LN ~ ~ ^ J U ~ W KATELLA AVE ..~.e~.o~a.~..~oa~o.~..~, . 1 f- a (n e ~ ~ • - J ~ U ~ ~ . uJ • e . . ~ H ~ Q ~ Q ~ - 4 - PC2009-027 Source: Recofdzd Tract Maps andlor Ciry GIS. Pleas= note the accurecy is +/- i~vo to five feet ~ ~~ CONDITIONAL USE PERIVIIT NO. 2008-05394 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL - ONGOING DURING PROJECT'OPERATION 1 The sales of alcoholic beverages shall be prohibited with the Police/Code convenience mazket. Enforcement The pazking lot, shipping and receiving areas, driveways, circulation azeas, aisles, passageways, recesses and grounds contiguous to buildings on the premises shall be equipped with 2 lighting of a minimum one (1) foot candle power to illuminate Police/Code and make easily discemible the appeuance and conduct of all Enforcement persons on or about the pazking lot. Additionally, the posirion of such lighring shall not disturb the normal privacy and use of any neighboring residences. There shall be no public telephones on the property that are police/Code 3 located outside of the building and within the control of the Enforcement applicant. The business owner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regulaz police/Code 4 maintenance and removal of trash or debris. Any graffiti Enforcement painted or marked on the premises or on any adjacent azea under the control of the licensee shall be removed or painted over within 24 hours of being applied. The rear door(s) shall be kept closed at all times during the 5 operarion of the premises except in the cases of emergency and Police/Code to permit deliveries. Said door(s) shall not consist enfirely of a Enforcement screen door or ventilated security door. The subject property shall be developed substantially in accordance with plans and specificarions submitted to the City 6 of Anaheim by the petitioner and which plans are on file with Planning the Planning Aepartment marked Exhibit Nos. 1(Site Plan ) and 2(Floor Plan), and as conditioned herein. Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable 7 City, State and Federal regulations. Approval does not include Planning any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regularion or requirement. - 5 - PC2009-027