Resolution-PC 98-166RESOLUTION NO. PC98-166
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CONDITION N0. 37 OF RESOLUTION NO. 97R-137
ADOPTED IN CONNECTION WITH CONDI710NAL USE PERMIT NO. 3939
WHEREAS, on July 15, i997, Resoiution No. 97R-137 was adopted by the Anaheim City
Council to approve Conditional Use Permit No. 3939 and to permit a 3,750 sq.ft. service station, including
a convenience market with retail sales of beer and wine for off-premises consumption, a drive-through car
wash, and two fast food restaurants at 301 South Anaheim Boulevard (Arco Service Station); and
WHEREAS, said Resolution No. 97R-137 includes the following conditions of approval:
17. That beer shall not be sold in packages contair:ing less than z six (6) pack, and that
wine coolers shall not be sold in packages containing less than a four (4) pack.
37. That sale uf oeer and wine shaU be permitted only between the hours of 8:00 a.m.
and 10 n.m. _
WHEREAS, this property is developed with a 3,750 sq.ft. service station with a drive-
through car wash and convenience m2rket in the CL (Commercial, Limited) Zone; that the Anaheim
General Plan Land Use Eiement designates this property for General Commerciai land uses; and that this
property is located within the South Anaheim Boulevard Commerciai/lndustrial Redevelopment Area; and
WHEREAS, the petitioner has requested (1) deletion of Condition No. 17 in order to
eliminate the requirement that beer and wine be sold in minimum-sized packages and permitthe sale of
single cans and bottles of beer, and (2) amendment to Condition No. 37 in order to e?ctend the hours
during which beer and wine can be sold (from 6 a.m. to 2:00 a.m. instead of from 8:00 a.m. to 10:00 p.m.);
and
WNEREAS, the City Planning Commission did hold a pubfc hearing at the Civic Center in
the City of Anaheim on October 12, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance wifh the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposai and to investigate and make findings
and recommendations in connection therewith; and that the hearing was continued to the meeting of
October 26, 1998.
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:
That the petitiener withdrew the request to delete Condition No. 17.
2. That modification of Cundition No. 37 to expand the hours during which beer and wine
can be sold (from 8:00 a.m. to 90:00 p.m. to 8 a.m. to 2 a.m.) is reasonably necessary to protect the public
peace, health, safery or general welfare, or necessary to permit reasonable operation under the
conditional use permit as granted.
3. That no one indicated their presence at the public hearing fn opposition; and that no
corr~sp~ndence was received in opposition to the proposal.
CAUFOFtNIA ENVIRONMENTA Q~:~aLlTY ACT FINDING That the Anaheim City
Planning Commis~io~ has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Co:iditional Use Permit No. 3939 is adaquate to serve as the
required enviror.:nenta! documentation En connection with this request upon finding that the deciaration
Cft34&OPK.DOC -1- PC98-166
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Deciaration together with any comments received during the pubiic 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, TNEREFORE, BE 1T RESOLVED that the Anaheim City Planninc~ Commission
does hereby deny the petitianer's request to delete Condition No. 17 because this property is locatr.d
within the boundaries of the Commercial/Industrial Redevelopment Area and the request to permit the sale
of single containers of beer and wine is not consistent with the goals of the Redevelopment Plan 40
revitalize the project area and that the petitioner withdrew the request; that this property is located in a
reporting district with an 8A% above-average crime rate; and that the Commission does hereby approve,
in part, the petitioner's request to amend Condition No. 37 to extend the evening hours during which beer
and wine can be so~d from 10:00 p.m. to 2:00 a.m.; and
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
amend Condition No. 37 of Resolution No. 97R-137, adopted in connection with Conditiona! Use Permit
No. 3939, to read as follows:
37. That sales of beer and wine shali e pe~mitte nly between the hours of 8:00 am. to
2 a.m. ~
THE FOREGOING RESOLU as adopt d the Planning Commission meeting of
October 26, 1998. ( i ;
ATTEST:
• ~ .
SECRETAR , NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUt~iTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the An2heim City Planning Commission, do hereby certify
that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 26, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, NAPOLES,
NOES: CONIMISSIONERS: KOOS
ABSENT: COMUISSIONERS: WILLIAMS, BOSTWICK,
~/~~~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~7 ~ day of
y~~w~1~J , 1998. • .
/ ~
SECR T Y ANAHEIM CITY PLANNING COMMISSION
'a' PC98-166