Resolution-PC 2010-049RESOLUTION NO. PC2010 -049
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. 3939 (TRACKING NO. CUP3939C)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 97R -137
(DEV2010- 00071)
(301 SOUTH ANAHEIM BOUELVARD)
WHEREAS, on July 15, 1997, the Anaheim City Council, by its Resolution No. 97R -137,
did approve Conditional Use Permit No. 3939 to permit a 3,750 square foot 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; and
WHEREAS, on September 20, 2004, the Anaheim City Planning Commission, by its
Resolution No. PC2004.107, did approve Conditional Use Permit No. 2004 -04881 to remodel an existing
historical building and to establish a commercial retail center with an accessory auto detailing facility;
and
WHEREAS, on September 29, 2008, the Anaheim City Planning Commission, by its
Resolution No. PC2008 -94, did approve Conditional Use Permit No. 2008 -05311 to permit a two -story
retail and storage addition to an existing service station and full- service car wash with fewer parking
spaces than required by code on this parcel and an adjacent parcel to the south developed with a 3 unit
commercial building; and
WHEREAS, Resolution No.97R -137 as previously amended, includes the following
conditions of approval:
14. That no person under twenty one (21) years of age shall buy, or be permitted to sell,
any alcoholic beverage.
17. 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 3,750 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. 3939, 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 June 21, 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 14 that a person under twenty one years of
age be permitted to sell beer and wine and Condition No. 17 pertaining to the sales of single- serving beer,
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 alI 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.3939, as previously amended, to delete Condition No. 14 and to amend Condition
No. 17 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with City Council Resolution No.
97R -137, 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. 97R -137, approving Conditional Use Permit No.3939, 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 w adopted at the Planning Commission meeting
of June 21, 2010.
ATI EST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, EIeanor 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 June 21, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
ABSTAINED: COMMISSIONERS: KARAKI
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of June, 2010.
Oft,
CHAIR/4-4N, ANAHEI
d'7
CITY PLANNING COMMISSION
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -049
EXHIBIT "A"
DEV2010 -00071
AP N:
037 021 -23
037- 021 -24
037 -021 -25
Fe Hr
01
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is two to five feet.
10968
5
PC2010 -049
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3939
(TRACKING NO, CUP3939C)
(DEV2010- 00071)
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
GENERAL
1 That no propane tanks shall be permitted on site. Planning
2 That the sale of alcoholic beverages in the convenience market shall
not exceed thirty-five percent (35 of the gross sales of all retail sales
during any three month period. The business owner shall maintain
records on a quarterly basis showing the separate amounts of sales of
alcoholic beverages and other items. These records shall be subject to
audit, and made available, reasonable business hours.
Police
3 That no display of beer or wine shall be located outside the building or Police
within 5 feet of any public entrance to the building.
4 That the areas of beer or wine displays shall not exceed twenty five Police
percent (25 of the total display area in the building.
5 That the window signage shall not be permitted. All fixtures, displays, Code
merchandise and other materials shall be located a minimum of 3 feet Enforcement
from all window areas.
6 That no advertising of beer or wine shall be located, placed or attached Police
to any location outside the building, and that any such advertising shall
not be audible (interior or exterior).
7 That no video, electronic or other amusement devices or games shall be Code
permitted anywhere on the subject property. Enforcement
8 That the sale of alcoholic beverages shall be made to customers only Police
when the customer is inside the building.
9 That no alcoholic beverages shall be consumed on the premises. Police
10 That the parking lot serving the premises shall be equipped with Police
lighting of sufficient power to illuminate and make easily discernible
the appearance and conduct 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 the window areas of
adjacent properties, and that said lighting information shall be specified
on plans submitted for building permits.
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11 That wine coolers shall not be sold in packages containing less than a Police
four pack.
12 That any public telephones proposed on -site shall be located inside the Planning
convenience market.
13 That the existing trees along the south property line, separating the site Planning
from the apartment development, shall not be removed. If removed,
they shall be replaced with minimum 36 -inch box evergreen trees.
14 That on -going during project operation, no required parking areas shall Public Works
be fenced or otherwise enclosed for outdoor storage uses.
15 That on -going during project operation, all exterior doors shall have Police
adequate security hardware, e.g. deadbolt locks.
16 The parking lot shall be maintained in good condition free of trash and Planning
debris.
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