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Resolution-PC 2010-025RESOLUTION NO. PC2010 -025 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3763 (TRACKING NO. CUP3763A) AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002 -181 (DEV2010- 00038) (1330 1332 SOUTH MAGNOLIA AVENUE) WHEREAS, on May 15, 1995, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission by its Resolution No. PC95 -53, did approve an expansion of an existing convenience market to combine an existing convenience market with an existing liquor store; and WHEREAS, on December 16, 2002, the Planning Commission, by its Resolution No. PC2002 -181, did approve an amendment to Conditional Use Permit No. 3763 to amend the hours of operation to extend the hours of operation and added additional conditions of approval pertaining to the sale of alcoholic beverages for off premises consumption including the condition pertaining to the restriction of the sale of single serving alcoholic beverages which the applicant requested be deleted: and WHEREAS, Resolution No. PC95 -53, as previously amended, includes the following conditions of approval: "2. That subject convenience market shall continuously adhere to the following conditions as required by the Police Department: (k) That no person under twenty one (21) years of age shall buy, or be permitted to sell, any alcoholic beverage. (1) That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack." WHEREAS, this property is currently developed with a 3,307 square foot convenience market and is located in the General Commercial (C -G) zone and the Anaheim General Plan designates this property for Residential Corridor land uses; and WHEREAS, the Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 3763, to modify or delete certain conditions of approval pursuant to Code Section No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; and 1 PC2010 -025 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 26, 2010, at 3:30 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 consider evidence for and against said amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, 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: 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The existing permit has been consistently exercised in a manner that is not detrimental to either the particular area or to the health and safety of the citizens of the City of Anaheim and there have not been any code violations relating to the subject property. 4. With regard to the deletion of Condition No. 2 (k) that a person under twenty one years of age be permitted to sell beer and wine and Condition No. 2 (1) pertaining to the sales of single- serving alcoholic beverages, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the convenience market has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of parking or traffic impacts. 9. Police Department recommends approval of the request to delete the conditions of approval. Based upon research of crime statistics for the area and calls for service to this location, there is no indication of any identifiable problems associated with the proposed sales of singles. 2 PC2010 -025 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.3763, as previously amended, to delete Condition Nos. 2 (k) and (1) pertaining to the age restriction relating to the sale of alcoholic beverages and the sale of beer in packages containing less than a six (6) pack and wine in packages containing less than a four (4) pack. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC95 -53, as previously amended, to read as shown in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, 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 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- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No.PC95 -53, approving Conditional Use Permit No.3763, as previously amended, shall remain if full force and effect. 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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 FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. 3 PC2010 -025 THE FOREGOING RESOLUTION s adopted at the Planning Commission meeting of April 26, 2010. CHAIRMN, NAHE 1= CITY PLANNINOMMISSION A'1'1'EST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Eleanor Morris, 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 April 26, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -025 AP N: 127-333-23 rT DO Vt°ILW LH EnEl eig ANAHEIM CITY BOUNDARY I I 1 1 STANTON CITY BOUNDARY i i i 2 z w Url c sa iaQ 0 v FcBi LOLA AVE KENNELLY LN ]••■■.N•■•- 1•— 1•••1 —!r LtJ W PALAIS RD I 1 EXHIBIT "A" DEV2010 -00038 140' 140' W WINSTON RD W CHANTICLEER RD 1 1 1! 1 1 1 1 Source: Recorded Tract Maps and/or City CIS. Please note the accuracy is +1- two to five feet. �rrrrrrr� 10940 5 PC2010 -025 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3763 (TRACKING NO. CUP3763A) (DEV2010- 00038) NO. CONDITIONS OF APPROVAL GENERAL 1 All trash generated from this convenience market shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. Code Enforcement shall determine the need for additional bins or additional pick -up. All costs for increasing the number of bins or frequency of pick -up shall be paid for by the business owner. 2 That subject convenience market shall continuously adhere to the following conditions: a. Sales of alcoholic beverages shall be permitted only between the hours of 7 a.m. and 10 p.m. b. Sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all retail items during any three (3) month period. The applicant shall maintain records on a quarterly basis showing the separate amounts of sales of alcoholic beverages and other retail items. These records shall be subject to audit and made available, when requested by any City of Anaheim official during reasonable business hours. c. No advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (either interior or exterior). d. No alcoholic beverages shall be consumed on the premises. e. The parking lot of the premises shall be equipped with Iighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. f. 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 regular 6 RESPONSIBLE FOR MONITORING Code Enforcement Police /Code Enforcement PC2010 -025 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING g. maintenance and removal of trash or debris. Any graffiti painted or marked on the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. There shall be no amusement machines, video game devices or pool tables maintained on the premises at any time. h. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises i. The areas of alcoholic beverage displays shall not exceed twenty five (25%) of the total display area in the establishment. The sales of alcoholic beverages shall be made to customers only when the customer is in the building. k. There shall be no public telephones on the property that are located outside of the building and within the control of the applicant. 3 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage area, 4 No storage, display or sales of any merchandise or fixtures shall be Code Enforcement permitted outside the building. 5 Subject property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan and as conditioned herein. 7 PC2010 -025