Resolution-PC 2008-75RESOLUTION NO. PC2008-75
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION _.._..
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05327 _
(1200 NORTH EAST STREET)
WHEREAS, the Analieim Planning Commission did receive an application for a
condiYional use permit to pemiit the sale of beer and wine for off-premises consumption in
conjunction with an exisYing service station and accessory convenience naarlcet for certain real
property situated in the City of Anaheim, County of Orange, State of CaliFomia, as more
particularly described in Exhibit "A" attached hereto and incorporated by this reFerence.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on AugusY 4, 2008, at 230 p.m., notice of said public hearing having been duly
given as required by law aa~d in accordance with t3~e provisions of the Anaheim Municipal Code,
Cliapter 1&.60 "Procedures", to hear and consider evidence for and against said proposed
conditional use pemiit and to investigate and malce findings and recommendations in connection
therewith; and
WHEREAS, said Plamiing 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 detennine t1~e followiiag facts:
L That Yhe request to permit tl~e sale of beer and wine for off-premises consumption in
conjunction witlt an existing service station and accessory convenience marltet in the General
Commercial (C-G) zone is properly one for whicl~ a coiiditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.010 (Alcoholic Beverage Sales - Off-Sale).
2. That the proposed beer and wine sales would not adversely aFfect the adjoining
commercial and residential land uses and the growth and developmenY of the area in wl~ich it is
proposed to be located because all business activities would remain inside the building.
3. That the size and shape of the site for the service station and convenience market
operations is adequate to allow the full development oPthe 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 che exception of fuel dispensing, would remain inside the building.
4. That the traffic generated by the service sYation would not impose an undue bi~rden
upon the streets and highways designed and improved to carry the traffic in the area because the
service station is consisteut with the types of commercial uses along East Street.
5. Tl3at this property is located within Reporting DisYrict i 42G, which has a crime rate
of 3 percent below the City average. Tl~is praperty is also located wiYhin Census Traot No. 864.04
which tlas a population of 6,217. Tliis oensus tracY allows for four licenses and there are currently
tlu-ee licenses in the tract. Since the property is ]ocated in a Folice reporting district with a crime
rate Uelow tlie CiYy average and in a census tract tl~at does not have an over-concentration of ABC
licenses, a deterniination of public convenience or necessity will no1 be required for this beer and
wine request.
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6. That there are no schools or public parks adjacent to or within 500 feet of the subject
siYe.
7. That tlie sale of beer and wine will be an ancillary component oPthe business and the
owner will continue to niaintain a convenience store where cusCamers will be able Co purchase
everyday aiecessities such as general liousehold 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 ExliibiY "B" attached hereto and incorporated by this reference.
9. That no one indicaYed Yheir presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subjecl request.
WHEREAS, the proposed project falls within flie definition of Categorical
Exemptions, Class 1(ExisCing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirernent to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby approve Conditional Use Pennit No. 2008-05327 subject to the conditions of approval
described in ExhiUit "B" attached hereto and incorporated by this reFerence which are hereby fotmd
to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health, safety and general welfare of tl~e Citizens oF the City of Anaheim.
BE IT FURTHER RESOLVEA fliat this permit is approved without linriCations on
the duration of fhe use. Amendments, modifications and revocations of this permit may be
processed in accordance with CUapYers 18.60.190 (Anrendment of Permit Approval) and 18:60.200
(City-Initiated Revocation or Modification of Perniits) of tlae Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does liereby
find and determine that adoption of fltis Resolution is expressly predicated upon applicant's
compliance with each ai~d all of the conditions hereinabove set forth. Should any such condiYion, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdictian, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of Yhis discretionary case application witllin 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation oFtlie approval--
of this application.
THE FOREGOING RESOLUTION was adopted at tlie Planning Commission
meetin~ of August 4, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal
procedures and inay be replaced by a City Coimcil Resolution in the event of an appeal.
CHAIlZMA , AN EIM PLA ING C ISSION
ATTEST:
/ v l.~
SECRETARY, 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 resolutio~i was passed and adopted at a meeting of the Anaheim Plamling
Commission held on August 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, I{ARAIQ,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WI~EREOF, I liave hereunto set my l~and this ~'"1~11 day of
August, 2008.
~~
SECRETARY, ANAHEIM PLANNING COMMISSION
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Source: Recorded Tract Maps andlor City GIS.
Please note lhe accurecy is +/- two {o five (eet.
Conditional Use Permit No. 2008-05327
1200 North East Street - Sunkist Unocal
i05~2.)
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ROMNEYA DR
KENWOOD AVE
~XHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05327
No. Conditions of Approval Responsible for
Monitoring
GENERAL
1 That there shall be no exterior advertising or sign of any kind or Police/Code
type, including advertising directed to the exterior from within, EnPorcement
promoting or indicaCiizg the availability of beer and wine.
Interior displays of beer and wine or signs whicla are clearly
visible Yo the exterior sUall consYituYe a violation oFUiis
condition.
2 That no display oFUeer and wine shall be located outside oPa Police/ Code
building or within five (5) feet of any public entrance to ttie Enforcement
building.
3 That the area of beer and wine displays shall not exceed 25% of Police/Code
the total display area in a building. Enforcement
4 T11aY sale oPbeer and wine beverages shall be made to customers Police/Code
oniy when Yhe custoiner is in the building. Enforcement
5 That no persai under 21 years of age shall sell or be permitted to Police/Code
sell beer and wine. Enforcement
6 That beer and malt beverages shall not be sold in pacl<ages Police/Code
containing less than a six (6) pack, and wine coolers shall not be Enforcement
sold in packa~es containing less tl~an a four (4) paclc. No other
wine sllall be sold in bottles or containers of less than 750 ml.
Tl~e sale of beer or malt beverages in quantities of quarts, 22 oz.,
32 oz., 40 oz., or similar size conCainers shall be prohibiCed.
7 That the possession oP alcoholic beverages in open containers Police/Code
and tlie consumption of alcoholic beverages are proliibited on or Enforcement
aroimd these premises.
8 That the parking lot of the premises shall be equipped with Police/Code
lighting of a~ninimum 1 foot candle power to illuminaYe and Enforcement
make easily discernible the appearance and conduct oF all
persons on or about the parlcing lot. Additionally, the posiYion of
sucli lighting shall not disturb the normal privacy and use of any
neighboring residences.
9 TUat tliere shall be no amusement machines, video game Police/Code
devices, or pool tables maintained upon tlle premises at any Enforcement
time.
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10 That U~ere shall be no public telephones on the property tliat are Police/Code
located outside tl~e building and witliin the control of the Enforcement
applicant.
11 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code
percenC of all retail sales during any Yhree (3) monY11 period. The Enforcement
applicant shall maintain records on a qaarkerly basis indicating
the separate amounts of sales of beer and wine and otlier items.
These records shall be made available for inspection by any City '
of Anal~eim official when requested.
12 That tlie petitioner shall be responsible far maintaining tlie area Police/Code
adjacent to the premises over which they have control, in an Enforcement
orderly fashion througlt the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or marked
upon Che premises or on airy adjacent area under Ylte control of
tl~e licensee sl~all be reinoved or painted over within 24 haurs of
Ueing applied.
13 That the rear door(s) shall be 1<ept closed at all times during the Police/Code
operation of the premises except in the cases of emergency and to Enforcement
pemiit deliveries. Said door(s) shall not consist entirely oFa
screen door or ventilated securiTy door.
14 That signs shall be prominently posted at the wine sYorage and the Police/Code
cash register area reading: "Wine coolers may be purchased on Enforcement
Hiese premises only in quanYifies of a four-pack ar more."
15 Tliat the hours of operation for the convenience market shall be Police/Code
consistent with tl~e hours as indicated in the application form on Enforcement
file with the City of Anaheim Planning Department. The doors
to the convenience marlcet shall be loclced at 12 a.m. and can be
opened at 6 a.m.
16 That subject property shall be developed substanYially 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 and 2, and as
conditioned herein.
17 That approval of this appiication eonstihrtes approval of the Planning
proposed request only to the extent tliaC is complies with the
Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not indude any
action or findings as to compliance or approval of the request
regarding any oYher applicable ordinance, regulation or
requirement.
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