Resolution-PC 2000-133~ •
RESOLUTION NO. PC2000-133
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 88R-17, AS AMENDED, ADOPTED IN CONNECTION WITH
CONDITI~NAL USE PERMIT NO. 2973
(CUP Tracking No. 2000-04270)
WHEREAS, on January 4, 1988, the Anaheim City Planning Commission adopted
Resolution No. PC88-17 to grant Conditional Use Permit No. 2973, in part, and permit a convenience
market with gasoline sales at 304 South Magnolia Avenue (the proposed off-sale beer and wine at the
convenience market was denied); and
WHEREAS, this conditional use permit was subsequently amended several times; that
on July 22, 1997, the City Council adopted Resolution No. 97R-144 to amend the conditions of approval
and permit the retail sale of beer and wine for off-premises consumption at the existing convenience
market with service station if the applicant purchased an active Alcoholic Beverage Control ("ABC")
license in the same census tract within one year; that on October 20, 1998, the City Council adopted
Resolution No. 98R-236 approving a one-year time extension for purchasing an active ABC license, and
containing the following condition of approval:
"32. That approval for the off-premises sale of beer and wine shall terminate on July 22,
1999, if the applicant has not purchased an existing active and operating Alcoholic
Beverage Control license within the same census tract prior to said date. The
purchase agreement shall effectively require that the previous owner of the permit and
the owner of the property where the permit was previously located refrain from
applying for a new license or for the transfer of an existing license within the same
reporting district for a period of 90 days following the effective date of the transfer of
the permit to the applicant. The purchase agreement shall provide that the City of
Anaheim is a third party beneficiary for the purpose of enforcing the application
restriction. A copy of the purchase agreement shall be provided to the Zoning
Division. No sale of beer and/or wine for off-premises consumption shall be permitted
on the property unless and until the applicant has purchased an existing and active
ABC license within the same census tract no later than July 22, 1999."
WHEREAS, this property is developed with a service station and 2,960 square foot
convenience market (Arco Gasoline Service Station and Food Store) in the CL (Commercial, Limited)
Zone; that the Anaheim General Plan Land Use Element designates this property for General
Commercial land uses; and that this property is located in the West Anaheim Community Planning Area;
and
WHEREAS, the petitioner cequests amendment to this conditional use permit to amend
or delete the condition of approval pertaining to obtaining an existing ABC license in the same census
tract to permit the retail sale of beer and wine for off-premises consumption at this service station with
convenience market; and that the petitioner (Thrifty Oil Company) has explained they have attempted to
purchase an off-sale license within the census tract, but have been unsuccessful and that, as an
alternative, they propose to purchase a total of three off-sale licenses from outside the census tract and
transfer one license to the subject property and completely eliminate the two other licenses.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 4, 2000, at 1:30 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
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18.03, to hear and consider evidence for arnd against said proposed amendment and to investigate and
make findings and recommendations in cornnection therewith; and that the public hearing was continued
from the October 23, November 6 and November 20, 2000 meetings; and
WHEREAS, said 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 Section 18.03.092 of the Anaheim Municipal Code provides for the modification of
conditional use permits based on one or more criteria, including that any such modification, including the
imposition of any additional conditions thereto, is reasonably necessary to protect the public peace,
health, safety or general welfare, or necessary to permit reasonable operation under the conditional use
permit as granted.
2. That the use, as amended, is properly one for which a conditional use permit is
authorized by the Zoning Code.
3. That 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.
4. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
5. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend or delete a condition of approval pertaining to
obtaining an existing ABC license for the retail sale of beer and wine for off-premises consumption within
an existing senrice station convenience mar{cet on a rectangularly-shaped 0.52 acre property located at
the southeast corner of Broadway and Magnolia Avenue, having frontages of 122 feet on the south side
of Broadway and 131 feet on the east side of Magnolia Avenue, and fu~ther described as 304 South
Magnolia Avenue (Arco Gasoline Service Station and Food Store); and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgement of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE It RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. 88R-17, adopted in connection with Conditional Use Permit No. 2973
and amended by Resolution Nos. 97R-144 and 98R-236, to permit the retail sale of beer and wine at an
existing convenience market with a seroice station; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval adopted therewith to amend Condition No. 32 and to add 12 new conditions of
approval (unless those conditions are already contained in Resolution No. 88R-17, as amended by
Resolution Nos. 97R-144 and 98R-236), as follows:
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32. That approval for the retail sales of beer and wine for off-premises consumption shall
terminate on December 4, 2001, if the applicant has not purchased the off-sale Alcoholic
Beverage Control ("ABC") licenses from 1067 North Harbor Boulevard, 1112 North
Brookhurst Street, 3024 West Bafl Road #J, 201 South State College Boulevard, 2778 West
Lincoln,and 1895 West Katella Avenue #F prior to said date. Only one (1) of the five Type
20 licenses shall be transferable to this location, all the other licenses including the Type 21
license at i 895 West Katella Avenue, shall be terminated. If the applicant is unable to
purchase one (1) of the aforementioned licenses, a replacement license shall be purchased
from a location in the census tracts west of Euclid Avenue and subject to review and
approval by the Planning Commission as a"Reports and Recommendations" item. The
purchase agreement shall effectively require that the previous owners of the permit and the
owners of the properties where the permits were previously located refrain from applying for
new licenses or for the transfers of existing licenses within the same census tracts for a
period of one (1) year following the effective date of the transfers of the permits to the
applicant at subject property (304 South Magnolia Avenue) in connection with this
Conditional Use Permit No. 2973. The purchase agreement shall provide that the City of
Anaheim is a third party beneficiary for the purpose of enforcing the application restriction.
A copy of the purchase agreement shall be provided to the Zoning Division. No sale of beer
and wine for off-premises consumption shall be permitted on the subject property unless
and until the applicant has purchased said licenses no later than December 4, 2001.
39. That the sale of alcoholic beverages shall be permitted only between the hours of 8:00
a.m. and 11:00 p.m.
40. That the gross sales of alcoholic beverages shall not exceed thirty five percent (35%) of
the gross sales of all retail sales during any twelve (12) month period. The applicant
shall maintain records on a quarterly basis indicating the separate amounts of sales of
alcoholic beverages and other items. Tliese records shall be made available for
inspection by any City of Anaheim official when requested.
41. That no advertising of beer or wine shall be located, placed or attached to any location
outside of the interior of the building; and any such advertising shall not be visible to
anyone outside the building.
42. That no alcoholic beverages shall be consumed on any property under the control of
the applicant.
43. That 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.
44. That the lighting in the parking area of the premises shall be directed, positioned and
shielded in such a manner so as not to unreasonably illuminate the window area of
nearby residences.
45. That the applicant shall be responsible for maintaining a litter free area adjacent to the
premises over which he/she has control.
46. That there shall be no pool tabl'es or coin-operated games maintained upon the
premises at any time.
47. That no display of beer or wine shall be located outside the building or within five (5)
feet of any public entrance to the building.
48. That the area of beer or wine displays shall not exceed twenty five percent (25%) of the
total display area in the building.
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49. That the sale of alcoholic beverages shall be made to customers only when the
customer is inside the building.
50. That no person under twenty one (21) years of age shall sell or be permitted to sell any
beer or wine.
BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No.
88R-17, as amended by Resolution Nos. 9~R-144 and 98R-236, shall remain in full force and effect.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2000.
CHAIRPERSON, A HEIM CITY PLANNING COMMISSION
ATTEST:
~>~(1I~C~'
SE RETA , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 December 4, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 20~•I
' ~~(~ll~.o-~
SE RETAR ANAHEIM CITY PLANNING COMMISSION
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