Resolution-PC 2010-025RESOLUTION NO. PC2010 -025
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 3763 (TRACKING NO. CUP3763A)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2002 -181
(DEV2010- 00038)
(1330 1332 SOUTH MAGNOLIA AVENUE)
WHEREAS, on May 15, 1995, the Anaheim City Planning Commission (hereinafter
referred to as "Planning Commission by its Resolution No. PC95 -53, did approve an expansion of
an existing convenience market to combine an existing convenience market with an existing liquor
store; and
WHEREAS, on December 16, 2002, the Planning Commission, by its Resolution No.
PC2002 -181, did approve an amendment to Conditional Use Permit No. 3763 to amend the hours of
operation to extend the hours of operation and added additional conditions of approval pertaining to
the sale of alcoholic beverages for off premises consumption including the condition pertaining to the
restriction of the sale of single serving alcoholic beverages which the applicant requested be deleted:
and
WHEREAS, Resolution No. PC95 -53, as previously amended, includes the following
conditions of approval:
"2. That subject convenience market shall continuously adhere to the following conditions as
required by the Police Department:
(k) That no person under twenty one (21) years of age shall buy, or be permitted to sell,
any alcoholic beverage.
(1) 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."
WHEREAS, this property is currently developed with a 3,307 square foot convenience
market and is located in the General Commercial (C -G) zone and the Anaheim General Plan
designates this property for Residential Corridor land uses; and
WHEREAS, the Planning Commission did receive a verified Petition to amend
Conditional Use Permit No. 3763, to modify or delete certain conditions of approval pursuant to
Code Section No. 18.60.190 of the Anaheim Municipal Code for certain real property situated in the
City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and
incorporated herein by this reference; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 26, 2010, at 3:30 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 amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the 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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The existing permit has been consistently exercised in a manner that is not
detrimental to either the particular area or to the health and safety of the citizens of the City of
Anaheim and there have not been any code violations relating to the subject property.
4. With regard to the deletion of Condition No. 2 (k) that a person under twenty one years of
age be permitted to sell beer and wine and Condition No. 2 (1) pertaining to the sales of single- serving
alcoholic beverages, such deletion is appropriate because it has been demonstrated that the use has
operated in a manner that is appropriate in the underlying zone and the surrounding area.
5. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. 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 as the convenience market has been operating in
conformance with all conditions of approval and there have been no code violations on the property.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the convenience market has been operating in conformance with all conditions of approval and
there have been no code violations on the property.
8. The traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the convenience
market has been operating in conformance with all conditions of approval and there have been no
code violations on the property or complaints of parking or traffic impacts.
9. Police Department recommends approval of the request to delete the conditions of
approval. Based upon research of crime statistics for the area and calls for service to this location,
there is no indication of any identifiable problems associated with the proposed sales of singles.
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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 IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional
Use Permit No.3763, as previously amended, to delete Condition Nos. 2 (k) and (1) pertaining to the
age restriction relating to the sale of alcoholic beverages and the sale of beer in packages containing
less than a six (6) pack and wine in packages containing less than a four (4) pack.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission
Resolution No. PC95 -53, as previously amended, to read as shown in Exhibit `B" attached hereto
and incorporated herein by this reference, which conditions are hereby found to be a necessary
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.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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, except as expressly amended herein, the
provisions of Resolution No.PC95 -53, approving Conditional Use Permit No.3763, as previously
amended, shall remain if full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City 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 this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
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THE FOREGOING RESOLUTION s adopted at the Planning Commission meeting
of April 26, 2010.
CHAIRMN, NAHE 1= CITY PLANNINOMMISSION
A'1'1'EST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, 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 April 26, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV2010 -00038
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Source: Recorded Tract Maps and/or City CIS.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3763
(TRACKING NO. CUP3763A)
(DEV2010- 00038)
NO. CONDITIONS OF APPROVAL
GENERAL
1 All trash generated from this convenience market shall be properly
contained in trash bins contained within approved trash enclosures. The
number of bins shall be adequate and the trash pick -up shall be as
frequent as necessary to ensure the sanitary handling and timely removal
of refuse from the property. Code Enforcement shall determine the need
for additional bins or additional pick -up. All costs for increasing the
number of bins or frequency of pick -up shall be paid for by the business
owner.
2 That subject convenience market shall continuously adhere to the
following conditions:
a. Sales of alcoholic beverages shall be permitted only between
the hours of 7 a.m. and 10 p.m.
b. Sale of alcoholic beverages shall not exceed thirty five percent
(35%) of the gross sales of all retail items during any three (3)
month period. The applicant shall maintain records on a
quarterly basis showing the separate amounts of sales of
alcoholic beverages and other retail items. These records shall
be subject to audit and made available, when requested by any
City of Anaheim official during reasonable business hours.
c. No advertising of alcoholic beverages shall be located, placed
or attached to any location outside the building; and that any
such advertising shall not be audible (either interior or exterior).
d. No alcoholic beverages shall be consumed on the premises.
e. The parking lot of the premises shall be equipped with Iighting
of sufficient power to illuminate and make easily discernible
the appearance and conduct of all persons on or about the
parking lot.
f. The business owner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they have
control, in an orderly fashion through the provision of regular
6
RESPONSIBLE
FOR
MONITORING
Code Enforcement
Police /Code
Enforcement
PC2010 -025
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
g.
maintenance and removal of trash or debris. Any graffiti
painted or marked on 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.
There shall be no amusement machines, video game devices or
pool tables maintained on the premises at any time.
h. The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around the premises
i. The areas of alcoholic beverage displays shall not exceed
twenty five (25%) of the total display area in the establishment.
The sales of alcoholic beverages shall be made to customers
only when the customer is in the building.
k. There shall be no public telephones on the property that are
located outside of the building and within the control of the
applicant.
3 No required parking area shall be fenced or otherwise enclosed for Planning
outdoor storage area,
4 No storage, display or sales of any merchandise or fixtures shall be Code Enforcement
permitted outside the building.
5 Subject property shall be developed substantially in accordance with Planning
plans and specifications submitted to the City of Anaheim by the
business owner and which plans are on file with the Planning
Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor
Plan and as conditioned herein.
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