Resolution-PC 2009-033RESOLUTION NO. PC2009-033
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS3ION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1(EXISTING FACILITTES), AND APPROVING
CONDITIONAL USE PERMIT NO. 2008-05399
(1671 WEST KATELLA AVENUE, UNIT 135)
WIIEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pernut No. 2008-05399 to permit a convenience market and authorize a
Type 21 (off-sale general) ABC license for off-premises consumption for certain real property situated
in the CiYy of Anaheim, ~County of Orange, State of Califomia, shown on ExhibiC "A", attached hereto
and incorporaked herein by this reference.
WHEREAS, this property is curre~tly developed with a convenience market within the
General Commarcial (C-Gj zone, and tbe Anak~eim General Plan designates Yhis propeRy for Genera]
Commercial land uses: and
WHEI2EAS, Che Planning Commission did hold a public hearing at the Civic Center in
the CiYy of Anaheim on March 2, 2009, at 2:30 p.m., natice of said public hearing having been duly
given as required by law and in accordance witla the provisions of tbe Anaheim Municipal Code,
Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
VJF3EREAS, said Commission, after due inspectio~, iovestigation 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. ThaC a convenience mazket with the sales of beer, wine and distilled spirits for off-
premises consampfion in Che General Commercial zone is properly one for which a co~ditiooal use
permit is authorized by Anatieim Municipal Code Section 18.08.03Q.010 (Markets - Small and
Alcoholic Beverage Sales - Off-Sale).
2. That the proposed beer, wine and distilled spirits sales would not adversely affect the
adjoining commercial and residential land uses aod the growth and development of Che area in which it
is proposed to be located because all busipess activities would remain inside the bailding.
3. fihat t6e size and shape of the site for the convenience market is adequate to allow tbe
full development of the proposed use in a manner noC detrimental to the particular area nor to the
health, safety and general welfare of the pubUc because all sales and operations would remain ins~de
the building.
4. That the traffic generated by the convenience market would not impose an undue
burden upon the streets and highways designed and improved to carry the traPfic in the area because
the convenience market is consistent with the types of uses along Katella Avenue aqd the b~siness
requires no more parking than any other retail uses.
- 1 - PC2009-033
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to Yhe healtt~ and safety of the aitizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
conespondeuce ~vas 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 ihe State CEQA Guidelines, and is thecefore,
exempt from the requirement to prepare additional enviroumental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2008-05399 subject to the conditions of approval
described in Exhibit `B" attached hereto and incorporated herein by this reference which are 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 operaCion or duration of the use. Amendments, modificaCions 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 1T FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and deternune that adoption of Chis Resolution is expressly predicated upop applicant's
complianoe 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 coort of competent
jurisdiction, then this ResoluYion, and any approvals berein contained, shall be deemed n~ll and void.
BE IT FURTHER RESOLVED that the applicant is respons9ble for paying all charges
related to tl~e processing of this discretio~ary case application withio 15 days of the issuance of tbe
final invoice. Failure to pay all charges shall result in the revocatio~ of the approval of this
application.
THE FOREGOING RESOLUTIpN was adopted at the Planning Commission meeting
of Marcb 2, 2009. Said resolution is subjecC to ttae appeal provisions seC forCh in Chapter 18.60
"Zo~ing Provisaons - General" of the Anaheim Municipal Code pertaining to appeal proced~res and
may be replaced by a City Couocil ResolnCion in Che event of an appeal.
ATTEST:
, ANAHEIM CITY PLANNING COMMISSION
- 2 - PC2009-033
3TATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIIv1 )
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 a~ March 2, 2009, by the following vote of the merr3bers thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EAS3'MAN, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESS~L
IN WITNESS WHEREOF, I have hereunto set my hand this 16`~' day of March, 2009.
Y, ANAI~IM CITY PLANNING COMMISSION
- 3 - PC2009-033
EXHIBIT "A"
CONDITIONAL US~ P~RNtIT NO. 2008-OS394
SUMAC LN
N
~
~ 106' '
J
U
W
I-
~
Q
Lt7 ~. L(')~ Q
. . .
~ ~ H
.
~
..
106'
KATELLA AVE
ooemoamoameaooamea~eo~
m
H '
(n v
0 ~
J .
U m
~ l
w o
0
1
e
e
~
c ,o mc Source: Recorded Tfact Maps and/or Cily GIS.
~ Please note the accuracy is +/- two to fve feet.
F.-c
~mia
- 4 - PC2009-033
EXHIBIT "B"
CONDITIONAL USE PERNIIT NO. 2008-05399
RESPONSIBLE
FOR
NO. CONDITIONS Ok' APPROVAL MONITORING
GENERAL -'ONGOING DURING' PROJECT QPERATION
1 The convenience market shall be open no later than 11 p.m. on Police/Code
weekdays and midnight on weekends. Enforcement
No alcoholic beverages shall be dispiayed outside of the pQliee/Code
2 huilding or wiYhin five (5) feet of any public entrance to the Enforcement
building.
There shall be no exterior advertising or sign of any kind or
type, inclading advertising directed to the exterior from within,
3 promoting or indicating the availability of alcoholic beverages. Police/Code
InCeriar displays of alcohalic beverages or signs which are Enforcement
cleazly visible to tl~e exterior shall consritute a violation of this
condition.
4 The area of alcoholic beverage displays shall not exceed 25% of Police/Code
the total display area in a building Enforcemeni
5 The sales of alcoholic beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
6 No person under 21 years of age shall sell or be permitted to PoliceFCode
sell alcoho] without someone 21 years of age or older present. Enforcement
Beer and malt beverages in quarts, 22 oz., 40 oz., or samilar size
~ containers may not be sold individually and must be sold in Police/Code
mnlti-unit, prepackaged quantities as delivered from Che EnforcemenC
distributor.
Wine shall not be sold in bottles or containers smaller than 750 police/Code
8 ml and wine-coolers shall not be sold in packages containing Enforcement
' less than a 4 pack.
' The possession of alcaholic beverages in apen contai~ers and police/Code
9 ' the co~sumption of alcoholic beverages are prohibited on or Enforcement
around the premises.
- 5 - PC2009-033
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
The parking lot, shipping and receiving areas, driveways,
circulation areas, aisles, passageways, recesses and grounds
cootiguous to buildings on the premises sball be eqaipped with
10 lighting of a minimum one (1) foot candle power to illuminate PoliceJCode
and make easily discernible the appearance and conduct of all Enforcement
persons on or about the parking ]ot. Additionally, Che position
of such lightin; shall not disturb the normal privacy and use of
any neighboring residences.
There shaU be no p~blic telephones on Che property that are police/Code
I 1 ' 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
conkrol, in an orderly fashion throagh the provision of regular police/Code
12 maintenance and removal of trash or debris. Any graffiti Enforcement
painted or marked on the premises or on any adjacent area
under the control of tlie licensee shall be removed or painted
over witbin 24 hours of being applied.
The rear door(s) shall be kept closed at all times during Che
13 operation of tl~e premises except in the cases of emergency and Poaice/Code
Co permit daliveries. Said door(s) shall not consist entirely of a Enforceme~t
screen door or ventilaYed security door.
The subject property shall be developed substantially in
aocordance with plans and specifications sabmitted to the CiCy
14 of Anaheim by the pe6tioner and which plans are on file with Planning
the Planning Department marked E~ibit Nos. 1(SiCe Flan) and
2(Floor Plan), and as conditiooed herein.
Approval oP this application constitutes approval of the
proposed request on7y to the extent thaY complies witYa the
Anaheim Mu~icipal Zoning Code and any otHer applicable
15 City, State and Federal regulations. Approval does not include Planning
any actioa or findings as to compliance or approval of the
request re~arding any other applicable ordinance, regulation or
requirement.
- 6 - PC2009-033