Loading...
RES-2010-099RESOLUTION NO. 2010 -099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 - 05395. (CUP NO. 2008- 05395A; DEV2010- 00006) WHEREAS, on February 18, 2009, Resolution No. PC2009 -025 was adopted by the Anaheim City Planning Commission (hereinafter the "Planning Commission ") granting Conditional Use Permit No. 2008 -05395 to permit a convenience market with the sales of beer, wine and distilled spirits for off - premises consumption; and WHEREAS, the subject property is currently developed with a commercial center within the C -G (General Commercial) Zone, and the Anaheim General Plan designates this property for Corridor Residential land uses; and WHEREAS, the Planning Commission did receive an application for an amendment to Conditional Use Permit No. 2008 -05395 (designated as "Conditional Use Permit No. 2008- 05395A ") to expand a previously- approved convenience market into an adjacent unit with the sales of beer, wine and distilled spirits for that certain real property located at 1151 N. Euclid Street in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Conditional Use Permit No. 2008- 05395A is proposed in conjunction with Determination of Public Convenience or Necessity No. 2010 -00064 (hereinafter the "Project Actions "); and WHEREAS, the Planning Commission did hold a duly noticed public hearing to consider the Project Actions, and did receive and consider evidence and testimony for and against said project, and, on April 12, 2010, following said public hearing adopted its Resolution No. PC2010 -022 granting Conditional Use Permit No. 2008- 05395A; and WHEREAS, within the time prescribed by law, the applicant did appeal said Planning Commission decision to the City Council, asking the City Council to reconsider the Planning Commission's approval of Conditional Use Permit No. 2008- 05395A; and WHEREAS, the City Council did set said application for such project for a de novo hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold a duly noticed public hearing to consider said application and did receive and consider evidence and testimony for and against the Project Actions; and -1- WHEREAS, the City Council does find, after careful consideration of all evidence and reports submitted to the Planning Commission and the action taken by said Commission, and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the following reasons: 1. That the proposed request to expand a previously- approved convenience market with the sales of beer, wine and distilled spirits is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Conditionally Permitted Uses) of the Anaheim Municipal Code; and 2. That the convenience market, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is commercially zoned and is located in a commercial retail center. 3. That the size and shape of the site for the use is adequate to allow the convenience market in a manner not detrimental to either the particular area or health and safety as conditioned, as the property is located in an existing commercial retail center and convenience market will require the same number of spaces as the previous retail tenant. 4. That the traffic generated by the use of the property as a convenience market, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and; 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the City Council has reviewed the Project Actions and does find and determine that 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, THEREFORE, BE IT RESOLVED that the City Council for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008- 05395A. BE IT FURTHER RESOLVED that the City Council does hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution No. PC2009 -025, approving Conditional Use Permit No. 2008 - 05395, to read as stated in Exhibit `B" attached hereto and incorporated 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 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 Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies -2- with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions set forth in Exhibit "B." Should any such conditions, 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 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, except as expressly amended herein, Resolution No. PC2009 -025 shall remain if full force and effect. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of June , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF A EIM By: MAYOR OF THE CITY A HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 77075.v 1/Wordon -3- EXHIBIT "A" DEV2010 -00006 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05395A -5- RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING &, 1 Rooftop address numbers shall be painted on the roof for the Police police helicopter. The minimum size shall be 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 2 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. 3 No required parking areas shall be fenced or otherwise Planning /Code enclosed for outdoor storage uses. Enforcement 4 All exterior doors shall have adequate security hardware. Police 5 Rear entrance doors shall be numbered with the :same Police address numbers or suite number of the business. Addresses shall have a minimum letter height of 4 inches. 6 The applicant/operator shall provide a comprehensive Police security alarm system for the following: • Perimeter building and access route protection. • High valued storage areas. • Perimeter fence and security gating. 7 The applicant shall maintain on file an Emergency Listing Police Card, Form APD -281, with the Police Department. 8 The applicant shall complete a Burglary /Robbery Alarm Police Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. -5- 9 There shall be no exterior advertising or sign of any kind or Police /Code type, including advertising directed to the exterior from Enforcement within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 10 No alcoholic beverages shall be displayed outside of the Police /Code building or within five (5) feet of any public entrance to the Enforcement building. 11 The area of alcoholic beverage displays shall not exceed Police /Code 25% of the total display area in a building Enforcement 12 The sales of alcoholic beverages shall be made to customers Police /Code only when the customer is in the building. Enforcement 13 The possession of alcoholic beverages in open containers Police /Code and the consumption of alcoholic beverages are prohibited Enforcement on or around the premises. 14 The parking lot, shipping and receiving areas, driveways, Police /Code circulation areas, aisles, passageways, recesses and grounds Enforcement contiguous to buildings of the premises shall be equipped with lighting sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 15 There shall be no amusement machines, video game devices, Police /Code or pool tables maintained on the premises at any time. Enforcement 16 There shall be no public telephones on the property that are Police /Code located outside of the building and within the control of the Enforcement applicant.