Resolution-PC 2005-95~ ~
RESOLUTION NO. PC2005-95
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2003-137 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3732
(1198 SOUTH STATE COLLEGE BOULEVARD) ;
WHEREAS, on January 9, 1995, the Anaheim City Planning Commission did, by its Resolution
Na PC95-2, grant Conditional Use Permit No. 3732 to convert a service station repairbay area in an existing
service station at the northeast corner of Ball Road and State College Boulevard (1198 South State College)
to a mini-market with the retail sale of beer and wine for off-premises sale and consumption; and
' WHEREAS, on October 6, 2003, the Anaheim City Planning Commission did, by its Resolution
No. PG2003-137, grant a modification to Conditional Use Permit No. 3732 to raise the height of two existing
pump island canopies with waiver of minimum structural setback adjacent to an arterial in order to maintain
the existing non-conforming setbacks; and
WHEREAS, the property'is developed with a 1,817 square foot service station and
convenience market with two pump island canopies; that the zoning is GG (General Commercial); and that
the Anaheim General Plan designates the property for Neighborhood Center Commercial land uses; and
WHEREAS, the petitioner has requested an amendment to this conditional use permit to
modify Condition No. 3 to allow the sales of beer and wine from 6:00 a.m. to 2:00 a.m., and delete, in its
entirety, Condition Na 8, which limits the unit sales for beer to be sold in packages not containing less than a
six (6) pack; and that wine coolers not be sold in packages containing less than a four (4) pack; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on June 13, 2005 at 2:00 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 proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; 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 the requested amendment/modification of use is properly one for which a conditional u5e
permit is authorized by Section 18.60.190.030 of the Zoning Code.
2. That the request to modify Condition No. 3 of Resolution PC2003-137 to allow the sales of
beer and wine from 6:00 a.m. to 2:00 a.m. is hereby approved, in part, to allow an expansion of the hours
from 6:00 a.m. to 12:00 a.m. (midnight) daify, because the expansion in hours of operation would be
consistent with service stations in the area and would not be incompatible with the closing time of the EI :
Vaqueco Restaurant (located directly to the north at 1168 South State College). '
3. That the request to delete Condition No. 8 of Resolution PC2003-137 which limits the unit
sales for beer to be sold in packages not containing less than a six (6) pack; and that wine coolers not be ,
sold in packages containing less than a four (4) pack is hereby denied because of the negative secondary
effects that deleting this condition would have on the above-average crime rate for this reporting district as
the sales of single cans and bottles of beer and wine could potentially contribute to loitering, vagrancy, and
public drunkenness, further contributing to the high crime rate in the area.
4. That the size and shape of the site for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or to the health and safety.
Cr1PC2005-095 -1- PC2005-95
(Tracking No. CUP2005-04987) _
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5. That the traffic generated by the modified use wiU not impose an undue burden upon the
streets and highways designed;and improved to carry the traffic in the area.
6. That'the granting of the modifications as recommended and under the conditions imposed wiU
not be detrimental to #he health and safety of the citizens of the City of Anaheim; and
7. That one person indicated their presence at the public hearing in opposition to the proposal
pertaining to the proposed hours of sale of beer and wine for off-premises consumption; and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the request to amend this conditional use permit to amend or delete'conditions of
approval pertaining to hours'of operation andrestrictions on packaging of beer and wine products in
conjunction with a previously-approved conversion of a service station repair bay area within an existing
senrice station to a convenience market with off-premises sale and consumption of beer and wine under
authority of Code Section 18.60.190.030 at 1198 South State College Boulevard; and does hereby find that
_ the Negative Declaration previously approved in connection with Conditional Use Permit No. 3732 is
adequate toserve as therequired environmental documentation in connection with this request upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
previously approVed 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 1T RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC2003-137, adopted in connection with Conditional Use Permit No. 3732, to
approve the applicanYs request, in part, by modifying Condition Na 3 to allow the sales of beer and/or wine
between the hours of 6 a.m. and 12 a.m. (midniaht), dailv, and denying the request to delete Condition No: 8 -
which limits the unit sales for beer to be sold in packages not containing less than a six (6) pack; and that
wine coolers not be sold in packages containing less than a four (4) pack; and
BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2003-137
are amended in their entirety read as follows:
1. That the quarterly gross sale of alcoholic beverages shall not exceed ten per cent (10%) of the gross
sales of food and/or other commodities sold in the convenience market during the same period.
2. That no beer or wine shall be sold, furnished, or delivered via a drive-up window.
3. That the sale of beer and/or wine shall be permitted only between the hours of 6 a.m. and 12 a.m. -
(midnight), daily.
4. That the quarterly gross sale of alcoholic beverages sha11 not exceed ten per cent (10°l0} of the gross
sales of food and/or other commodities sold in the convenience market during the same period.
5. That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior of the building from inside the building, promoting or indicating the availability of alcoholic
beverages.
6. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and
under the control of the licensee. -
7. That the parking lot serving the premises shall be equipped and maintained with lighting of sufficient
power to illuminate and make easify discernible the appearance and conduct of all persons on or about'
the parking lot. Said lighting shall be directed, positioned and'shielded in such a manner so as not to
unreasonably illuminate adjacent properties.
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8. 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.
9. That prior to the change in hours of operation, the applicant shaU modify their existing Alcohol Beverage
: Control (ABC) License to reflect tfie new hours of beer and wine sales, and provide a copy to the
Planning Services Division and the Police Department.
10. That there'sha(l be no coin-operated telephones maintained outside the building at any time.
11. That there shall be no coin-operated games maintained on the premises at any time:
12. That prior to commencement of the activity authorized by this resolution, subject property shall be
developed substantially in 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 through
5, and as conditioned herein.
13. That prior to commencement of the activity authorized by this resolution, or within one (1) year from the
date of this resolution, whichever occurs first, Condition No. 9, above=mentioned, shall be complied
with. Extensions forfurther time to complete said conditions may,be granted in accordance with '
Section 18.60:170 of the Anaheim Municipa! Code.
14. That approval of this application constitutes approval of the proposed request only to the extent that it
compfies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulafions. Approval does not include any action or findings as to compliance or approval of #he
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVEQ 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 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 thisResolution,
and any approvals herein contained, shall be deemed nulf and void.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice or prior to the commencement of the activity 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. :
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 13, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to pea cedures n be replaced
by a City Council Resolution in the event of an appeaL
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CHAIRMAN, AH PLANNING COMMISSION
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ' ) ss.
CITY OF ANAHEIM : )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 13, 2005, by ihe following vote of the members thereof:
AYES: COMMfSSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, P. ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE '
lN WITNESS WHEREOF, I have hereunto set my hand this ~. ~~ day of
~u v- ~ , 2005. _
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SENIOR SECRETARY; ANAHEIMPLANNING COMMISSION