Resolution-PC 2011-060RESOLUTION NO. PC2011 -060
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 DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2008-00040 (TRACKING NO. PCN2008- 00040A)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2008 -54
(DEV2011- 00066)
(770 NORTH EAST STREET)
WHEREAS, on May 8, 2008, the Anaheim City Planning Commission, by its Resolution
No. PC2008 -54, did approve Public Convenience or Necessity No. 2008 -00040 to authorize the sale of
beer and wine for off-premises consumption in conjunction with a service station and accessory
convenience market; and
WHEREAS, Resolution No. PC2008 -054, includes the following conditions of approval:
" 18. Beer and malt beverages shall not be sold in packages containing less than a six (6)
pack for off-premise consumption and wine coolers shall not be sold in packages
containing less than a four (4) pack.
20. Wine shall not be sold in bottles or containers smaller than 750 ml, and wine - coolers
and beer - coolers must be sold in manufacturer prepackaged multi -unit quantities."
WHEREAS, this property is currently developed with a service station, 2,720 square
foot convenience market building, and car wash and is located in 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 receive a verified Petition to amend Public
Convenience or Necessity No. 2008 -00040, 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
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 1, 2011, at 5 :00 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.
1 PC2011 -060
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 Nos. 18 and 20 pertaining to the sales of single -
serving containers of beer and wine, such deletion is appropriate because it has been demonstrated that
the use has operated in a manner that is compatible with the surrounding area and the Police Department
has determined that the crimes in this area are typical to areas of dense residential uses and not related to
the sale of alcohol at this location.
5. The proposed use at the time of approval was properly one for which a determination
of Public Convenience or Necessity 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. The Anaheim Police Department does not oppose 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 beer and
wine singles.
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 Resolution
No. PC2008 -054, adopted in conjunction with Public Convenience or Necessity No. 2008 - 00040, to
delete Condition Nos. 18 and 20 pertaining to the restriction relating to the sale of alcoholic
beverages and the sale of beer and wine in multi -unit packages.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Resolution No. PC2008 -054, 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. PC2008 -054, approving Public Convenience or Necessity No. 2008-
00040, 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of August 1, 2011.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANH-IEIM CITY PLANNING COMMISSION
3 PC2011 -060
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 August 1, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN.
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of August, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 - PC2011 -060
E LA PALMA AVE
EXHIBIT "A"
DEV NO. 2011 -00066
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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PC2011 -060
O.
CONDITIONS OF APPROVAL
REVIEW BY
TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS OR WITHIN A
PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER
OCCURS FIRST
1
That this Public Convenience or Necessity No. 2008 - 000040 is
hereby granted expressly conditioned upon approval of General
Plan Amendment No. 2008 - 00464, Reclassification No 2008-
00216 and Conditional Use Permit No. 2008 - 05309.
Planning
N
The subject property shall be developed substantially in
accordance with the plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Planning Department Exhibit No. 1 through 8 and as
conditioned herein.
Planning
3
Complete a Burglary /Robbery Alarm Permit application. Form
APD 516, and return it to the Police Department prior to initial
alarm activation.
Police
4
Business shall be equipped with an alarm system (silent or
audible).
Police
5
File Emergency Listing Card, Form APD -28 with the Police
Department, available at the Police Department front counter.
Police
TIMING: ONGOING DURING OPERATION
6
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 of Permit
Approval) and 18.60.200 (City- Initiated Revocation or
Modification of Permits) of the Anaheim Municipal Code.
Planning
TIMING: GENERAL CONDITIONS
Security measures shall be provided to the satisfaction of the
Anaheim Police Department to deter unlawful conduct on the
part of employees or patrons, and promote the safe and orderly
assembly and movement of persons and vehicles. and to prevent
disturbance to the neighborhood by excessive noise created by
patrons entering or leaving the premises.
Police
EXHIBIT "B"
AMENDMENT TO PUBLIC CONVENIECE OR NECESSITY NO. 2008-00040
(DEV2011- 00066)
6 -
PC2011 -060
8
There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs for alcoholic
beverages which are clearly visible to the exterior shall constitute
a violation of this condition.
Police
9
The area of alcoholic beverage displays shall not exceed 25% of
the total display area in the building.
Police
10
Sales of beer and wine shall be made to customers only when the
customer is in the building.
Police
11
No person under 21 years of age shall sell or be permitted to sell
beer or wine.
Police
12
No distilled spirits are allowed under this license.
Police
13
The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
these premises.
Police
14
The parking lot of the premises shall be equipped with lighting
of 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.
Police
15
There shall be no amusement machines, video game devices, or
pool tables maintained on the premises at any time.
Police
16
There shall be no public telephones on the property that are
locates outside the building and within the control of the
applicant.
Police
17
No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
Police
18
Condition Deleted
19
The gross sales of alcoholic beverages shall not exceed 35 percent
of all retail sales during any three month period. The applicant
shall maintain records sales of alcoholic beverages and other
items. These records shall be made available for inspection by
any City of Anaheim official when requested.
Police
20
Condition Deleted
-7
PC2011 -060
21
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty -four (24) hours from the time of discovery.
Planning
22
The 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 with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
Planning
23
Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
Planning
24
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.
Planning
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