Resolution-PC 2009-058RESOLUTION NO. PC2009-058
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301,
CLASS 1(EXISTING FACILITIES) AND APPROVING
CONDITIONAL USE PERMIT NO. 2009-05422
(859 SOUTH HARBOR BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2009-05422 to operate a convenience mazket wiCh the sales of beer and
wine for off-premises consumptipn in an existing commercial building for certain real prpperty
situated in tUe City of Anaheim, Coonty of Orange, State of California, shown on ~xt~ibiC "A",
atCached hereto and iacorporated herein by this reference.
WHEREAS, this appl9cation for a Conditional Use Permit No. 2009-OSa32 was
submitted in conju~ction with a Request for a Determination For Public Convenience or Necessity No.
2009-00060 to permit the sales of beer and wine for off-premises consumption (Type 20 ABC License)
in conjunction with a convenieoce market.
WHEREAS, this property is currently developed with a conveoience market within the
General Commercial (C~G) zone, and the Anaheim General Plan designates this property far General
Commercial land uses; and
W~IEREAS, the Planning Commission did hold a public hearing at Che Civic Center in
the City of Anaheim ou May 27, 2009, at 2:30 p:tn., notice of said public heating having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 "Procedares", to hear and consider evidence for and against said proposed Conditional
Use Permit in conjunction with the Request for Determination of Public Convenience or Necessity No.
2009-00060 and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, sa3d Commission> after due inspect3on, investigation and smdy made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and deternune the following facts:
1. That a co~venie~ce market with the sales of beer and wine for off-premises
consumptian in the General Commercial zone is properly one for which a conditional ase permit is
aathorized by Anaheim Municipal Code Saction 18:08.030.010 (Markets - Small and Alcoholic
Beverage Sales - Off-Sale).
2. That the proposed beer and wine sales would not adversely affect the adjoining
commerc9al and residential land uses and the growth and development of the azea in which it is
proposed to be located because the proposed sale of beer and wine would be between 5% to 6% of the
total sales.
3. That the proposed convenience market would not adversely affect the adjoining
commercial and residenYial land uses and the growth and development of the area in which it is
proposed to be located because all b~siness activities would remain inside the building.
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4. That the size and shape of the site for the existing convenience market is adequate
to allow the full developmenC of the proposed use in a manner not detrimenCal to Che particulaz
area nor to the health, safety and general welfare of the public because all sales and operations
would remain inside Yhe building.
5. 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 traffic in the area
because the convenience markeC is consistent with the rypes of uses along Katella Avenue and
the business requires no mpre parking tt~an any other retail uses.
6. That the granting of the conditio~al use permit under the conditions imposed will
oot be derrimental to the health and safety of the citizens of the CiCy of Anaheim~
WHEREAS, the proposed projecC falls within the definition of Categorical
Exemptions, Sectian 15301, Class 1(Existing Facilities) as defined iq the StaCe CEQA
Guidelines, and is therefore, exempC from the requirement to pregare additiona] environmental
documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planniog Commission,
for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05407
subject to the conditions of approval described in Exhibit "B" atYached hereto and incorporated
by this reference which are hereby found to be a necessary prerequisite to the groposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Aoaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) eq~ivalent timing is established that satisfies the original inYent and purpose of
The condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) Che
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the 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-IniCiated Revocation or Madification 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 Resol~tion is expressly predicated upon
applicant's compliance with each and all of the condiCions hereinabove set forth. Should any
sueh aondition, or any part thereof, be daclared invalid or upenforceable by the final judgmeot of
any court of competent jurisdiction, the~ this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application is subject to Che
approval of the Request for a Determination for Public Convenience or Necessity No. 2009-
00060.
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BE IT FURTHER RESOLVED tbat approval of this application constitutes
approval of the proposed request only to the extent that it complies with tt~e Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FiJRTHER RESOLVED Yhat the appticant is respa~sible fpr paying all
charges related to the processing of tbis discretionary case applicatio~ within 15 days of the
issuance of the fioal invoice. Failure to pay all charges shall resalt in the revocation of the
agproval of this application.
TT~ FOREGOING RESOLUT'ION was adopted at the Planning Commission
meeting of May 27, 2009. Said resolation is subject to the appeal provisions seC forCh in Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code perCaining to appeal
procedures and may be replaced by a City Council ResolutSon in the event of an appeal.
~
ATTEST:
CHAIRMAN,'ANAI-IEIM CITY\PLANNING COMMISSION
l~
SENIOR SEC~'T'ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
c~TY o~ ar~.~~ j
I, Grace Medina, Senior Secretary of the Anaheim City Planning Comrnission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 27, 2D09, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, ROMERO
NOES: COMMISSIONERS: AGARWAL, FAESSEL
ABSENT: COMMISSIONERS: RAMIItEZ
IN WITNESS WHEREOF, I have hereonto set my hand this 27`h day of May, 2009.
C./ ~
SENIOR ~~ETARY, ANAHEIM CITY PLANNING COMMI3SION
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EYHIBIT °A"
CONDITiONAL USE PERIVIIT N4. 2009-OS422
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FC2009-058
EXffiBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05422
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL - ONGOING DURING PRQJECT OPERATION
1 The business owner shal] be responsible for maintaining free of Code
litter the area adjacent to the premises over which they have Enforcement
control, in an orderly fashion through the provision of regular
maintenance and removal of trash or debris. Any graffiti
painted or marked on the premises or on any adjacent area
under Che control of the licensee shall be removed or painted
over within 24 hotirs of being applied.
2 The hours of operation shall not extend beyond midnight seven Police
days a week.
PRIOR TO FINAL BUILDING'AND ZONTNG INSPECTIONS
3 The sabject property shall be developed s~bstantially in Planoing
accordance with plans and specifications submitCed to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department mark~d Exbibit Nos. 1(Site Plan )
and 2(Floor Plan), and as conditioned herein.
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