Resolution-PC 2008-111RESOLUTION NO. PC2008-11 L
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1
AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2008-05327 AND RESOLUTION NO. PC2008-75
(TRACKING NO. CONDITIONAL USE PERMIT NO. 2008-05386)
(1200 NORTH EAST STREET)
WHEREAS, on August 4, 2008, the Anaheim City Planning Commission, by its
Resolution No. PC2008-75, did approve Conditional Use Permit No. 2008-05327 to permit the
sale of beer and wine for off-premises consumption in conjunction with an existing service
station and accessory convenience market; and
WHEREAS, the Anaheim Planning Commission did receive an application to
amend apreviously-approved conditional use permit to expand an existing convenience mazket
to include the sale of beer and wine for off-premises consumption in conjunction with an existing
service station for certain real property situated in the City of Anaheim, County of Orange, State
of California, as more particularly described in Exhibit "A" attached hereto and incorporated by
this reference.
WHEREAS, the property is currently developed with a 1,650 square foot service
station building and one canopy island with eight fuel pumps 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 holda public heazing at the Civic Center
in the City of Anaheim on November 24, 2008, at 2:30 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 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 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 request to expand an existing convenience market and permit the sale of
beer and wine for off-premises consumption in conjunction with an existing service station in the
General Conunercial (C-G) zone is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales -Off-Sale).
2. That the expanded convenience market and beer and wkne sales would not
adversely affecC the adjoining commercial and residential land uses and the growth and
development of the area in which it is proposed to be located because all business activities
would remain inside the building.
PC2008-111
3. That the size and shape of the site for the service station and convenience market
operations is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the health, safety and general welfare of the public
because all sales and operations, with the exception of fuel dispensing, would remain inside'the
building.
4. That the traffic generated by the service station would not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the service station is consistent with the types of commercial uses along East Street.
5. That this property is located within Reporting District 1426, which has a crime
rate oF3 percent below the City average. This property is also located within Census Tract No.
864.04 which has a population of 6,217. This census tract allows for four licenses and there are
currently four licenses in the tract. Since the requested beer and wine license will create an over
concentration of ABC licenses in the census tract, a determination of public convenience or
necessity will be required for this request.
6. That there are no schools or public parks adjacent to or within 500 feet of the
subject site.
7. That the sale of beer and wine will be an ancillary component of the business and
the owner will continue to maintain a convenience store where customers will be able to
purchase everyday necessities such as general household products, packaged food products, and
hot and cold beverages.
8. That the Anaheim Police Department recommends approval of the proposed sales
of beer and wine for off-premises consumption and recommends conditions of approval that are
described in Exhibit "B" attached hereto and incorporated by this reference.
9. That no persons indicated their presence at the public hearing in opposition; and
that no correspondence was received in opposition to the subject request.
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 [T RESOLVED that the Anaheim Planning Commission
for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional
Use Permit No. 2008-05327 as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval
adopted in connection with Planning Commission Resolution No. PC7,008-75, as adopted in
connection with Conditional Use Permit No. 2008-05327, as described in Exhibit "B" attached
hereto and incorporated by this reference, which are hereby found to be a necessaryh,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.
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BE IT FURTHER RESOLVED, that 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 to 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 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 competentjurisdction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED, that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within I S days of the
issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 24, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to meal procedures and
may be replaced by a City Council Resolution in the event of an appeal. /-~
A
ARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 November 24, 200$, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BUFFA, AGARWAL, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: EASTMAN
ABSTAINED: COMMISSIONER: KARAKI
IN WITNESS
December, 2008.
[have hereunto set my hand this ~ day of
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL IISE PERMIT NO. 2008-05327
(TRACKING NO. CUP N0.2008-05386)
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140.51' ROIVINEYA DR
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05327
(TRACKING NO. CUP N0.2008-05386)
No. Conditions of Approval Responsible for
Monitoring
PRIOR TD ISSUANCE OF BUILDING PERMIT'
1 That a detailed landscaping plan for subject property shall be Planning
submitted to the Planning Services Division for review and
approval. Said plan shall show new planters to be provided
around the perimeter of the remodeled building. Any decision
made by the Planning Services Division regarding said plan may
be appealed to the Planning Commission.
2 That a detailed elevation plan shall be submitted to the Planning Planning
Services Division for review and approval. Said plan shall
indicate that the existing gable roof be screened (by the new
parapet wall) from street view. Any decision made by the
Planning Services Division regarding said plan may be appealed
to the Planning Commission.
GENERAL
3 That there shall be no exterior advertising or sign of any kind or Police/ Code
type, including advertising directed to the exterior from within, Enforcement
promoting or indicating the availability of beer and wine.
Interior displays of beer and wine or signs which are clearly
visible to the exterior shall constitute a violation of this
condition.
4 That no display of beer and wine shall be located outside of a Police/ Code
building or within five (5) feet of any public entrance to the Enforcement
building.
5 That the area of beer and wine displays shall not exceed 25% of Police/Code
the total display area in a building. Enforcement
6 That sale of beer and wine beverages shall be made to customers Police/Code
only when the customer is in the building. Enforcement
7 That no person under 2l years of age shall sell or be permitted to Police/Code
sell beer and wine. Enforcement
8 That beer and malt beverages shall not be sold in packages Police/Code
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containing less than a six {6) pack, and wine coolers shall not be Enforcement
sold in packages containing less than a four (4) pack. No other
wine shall be sold in bottles or containers of less than 750 ml.
The sale of beer or malt beverages in quantities of quarts, 22 oz.,
32 oz., 40 oz., or similar size containers shall be prohibited.
9 That the possession of alcoholic beverages in open containers Police/Code
and the consumption of alcoholic beverages are prohibited on or Enforcement
around these premises.
10 . That the parking lot of the premises shall be equipped with Police/Code
lighting of a minimum L foot candle power to illuminate and Enforcement
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.
11 That there shall be no amusement machines, video game Police/Code
devices, or pool tables maintained upon the premises at any Enforcement
time.
12 That there shall be no public telephones on the property that are Police/Code
located outside the building and within the control of the Enforcement
applicant.
13 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code
percent of all retail sales during any three (3) month period. The Enforcement
applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of beer and wine and other items.
These records shall be made available for inspection by any City
of Anaheim official when requested. -
l4 That the petitioner shall be responsible for maintaining the area Police/Code
adjacent to the premises over which they have control, in an Enforcement
orderly fashion through the provision of regular maintenance
and removal of trash or debris. 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.
15 That the reaz door(s) shall be kept closed at all times during the Police/Code
operation of the premises except in the cases of emergency and to Enforcement
permit deliveries. Said door(s) shall not consist entirely of a
F
screen door or ventilated security door. .
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16 That signs shall be prominently posted at the wine storage and the
cash register azea reading: "Wine coolers may be purchased on
these premises only in quantities of afour-pack or more." Police/Code
Enforcement
17 That the hours of operation for the convenience market shall be Police/Code
consistent with the hours as indicated in the application form on Enforcement
file with the City of Anaheim Planning Department. The doors
to the convenience market shall be locked at 12 a.m. and can be
opened at 6 a.m.
18 That 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, 2, and 3, and as
conditioned herein.
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17 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is complies with the
Anaheim Municipal Zoning Code and any other applicable City,
Skate and Federal regulations. Approval does not include any
action or findings as to compliance or approval of khe request
regarding any other applicable ordinance, regulation or
requirement.
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