Resolution-PC 2011-076RESOLUTION NO. PC2011 -076
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. 3698 (TRACKING NO. CUP3698A)
AND AMENDING CERTAIN CONDITION OF APPROVAL OF
RESOLUTION NO. PC94 -100
(DEV2011- 00075)
(1200 NORTH EUCLID STREET)
WHEREAS, on July 25, 1994, the Anaheim City Planning Commission (hereinafter
referred to as "Planning Commission "), by its Resolution No.PC94 -100, did approve a service station
with car wash facility and a convenience market with less landscaping required by code;
WHEREAS, Resolution No.PC94 -100 includes the following condition of approval:
"3. That the sale of alcoholic beverages shall be prohibited on subject property."
WHEREAS, this property is currently developed with a service station and car wash
and a 977 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.3698, to modify or delete certain conditions of approval and to approve
the amendment to Conditional Use Permit No. 3698 to permit the sale of beer and wine for off -
premises consumption 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 October 10, 2011, at 5:00p.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. That the C -G (General Commercial) zone permits by conditional use permit the sales
of beer and wine for off -site consumption in conjunction with a convenience market located within a
service station , pursuant to Sections 18.08.040 (Conditional Uses, Commercial Zones).of the Anaheim
Municipal Code. The proposed sales of alcoholic beverages for off -site consumption will not adversely
affect the adjoining land uses or the growth and development of the area in which it is proposed to be
PC2011 -076
located because it is accessory to the convenience market and has commercial uses surrounding the
property.
2. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
3. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
4. 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.
5. With regard to the deletion of Condition No.3 which prohibits the sale of beer and wine
for off - premises consumption, 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.
6. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
7. 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.
8. 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.
9. 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.
10. Police Department recommends approval of the request to delete the conditions of
approval and the amendment to the conditional use permit to allow the sale of beer and wine for off -
premises consumption. 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 for off - premises consumption.
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.
2 PC2011 -076
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.3698, to delete Condition No. 3 pertaining to prohibition of the sale of alcoholic
beverages and to approve the amendment to Conditional Use Permit No 3698 to permit the sale of
beer and wine for off - premises consumption.
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.PC94 -100, 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.PC94-100, approving Conditional Use Permit No.3698 shall remain if
full force and effect.
BE IT FURTHER RESOLVED 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 of Permit Approval) and 18.60.200 (City- Initiated Revocation or
Modification 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 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 the Anaheim 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 findings hereinabove set forth.
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 or prior to the issuance of building peiwits for this project, whichever occurs first. Failure to pay
all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the amendment to the conditional use permit subject to the conditions of approval
described 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.
- 3 - PC2011 -076
of October 10, 2011.
ATTEST:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CrtY PLAN - G OMMISSION
kA)
SENIOR SECRETARY, ANAHEIM CITY PLA NING COMMISSION
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 on October 10, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT. FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of October 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2011 -076
EXHIBIT "A"
DEV NO. 2011 -00075
AP N : 073 -384 -61
073 - 384 -58
IB
0 i so 00
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Fctt
W MEDICAL CENTER DR
TO Oirl
W ROMNEYA DR
1
W ROMNEYA DR
W CUTTER RD
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +l- two to five feet.
00075
5
PC2011 -076
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL
1
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 which are clearly visible to the
exterior shall constitute a violation of this condition.
Police
Department
2
No display of alcoholic shall be located outside of-a
building or within five (5) feet of any public entrance to
the building.
Police
Department
3
The area of alcoholic displays shall not exceed 25% of
the total display area in a building.
Police
Department
Sale of alcoholic shall be made to customers only when
the customer is in the building.
Police
Department
5
The gross sales of alcoholic beverages shall not exceed
35 percent of all retail sales during any three (3) month
period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales
of alcoholic beverages and other items. These records
shall be made available for inspection by any City of
Anaheim official when requested.
Police
Department
6
The sale of beer or malt beverages in quantities of quarts,
22 oz., 32 oz., 40 oz., or similar size containers is
prohibited. No beer or malt beverages shall be sold in
quantities of less than six per sale.
Police
Department
7
The possession of alcoholic beverages in open containers
and the consumption of alcoholic beverages are
prohibited on or around these premises.
Police
Department
8
Any graffiti painted or marked upon 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.
Police
Department
9
There shall be no amusement machines, video game
devices, or pool tables maintained upon the premises at
any time.
Police
Department
10
The sale of alcohol shall not be permitted between the
hours of 12:00 a.m. and 6:00 a.m. each day of the week.
Police
Department
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3698
(TRACKING NO. CUP3698A)
( DEV2011- 00075
6-
PC2011 -076