Resolution-PC 2013-057RESOLUTION NO. PC2013 -057
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05521 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2010- 00126A)
(128 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, on September 27, 2010, and subject to certain conditions of
approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning
Commission "), by its Resolution No. PC2010 -101, did approve Conditional Use Permit No.
2010 -05521 to permit the sale of beer and wine for off -site consumption within an existing retail
store (herein referred to as the "Original CUP ") on that certain real property located at 128 South
State College Boulevard Street in the City of Anaheim, generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition to amend the Original CUP in conjunction with an application for a determination of
Public Convenience or Necessity ( "Public Convenience or Necessity No. 2010- 00068A "), to
upgrade a Type 20 ABC (Off -Sale Beer and Wine) license to a Type 21 (Off -Sale General)
license in conjunction with an existing retail store for off - premises consumption pursuant to
Section 18.60.180 of the Anaheim Municipal Code (the "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 (the "Property "); and
WHEREAS, this Property is currently developed with a drive - through pharmacy
with sales of beer and wine for off - premise consumption. It 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 hold a public hearing at the Civic
Center in the City of Anaheim on August 26, 2013, at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 (Procedures) of the Code, to hear and consider evidence for and against said proposed
amendment to the Original CUP and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed amendment to the Original CUP is within
that class of projects which consist of the repair, maintenance, and /or minor alteration of existing
public or private structures or facilities, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title
14 of the California Code of Regulations, the proposed amendment to the Original CUP will not
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
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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 pertaining to the request for an amendment to the Original CUP, does find and determine
the following facts:
1. The proposed upgrade of a Type 20 ABC (Off -Sale Beer and Wine) license to a
Type 21 (Off -Sale General) license in conjunction with an existing retail store in a drugstore less
than 15,000 square feet is properly one for which a conditional use permit is authorized under
Section 18.08.030.010 of the Code;
2. The drug store with off - premises consumption of alcohol will not adversely affect
the surrounding land uses, or the growth and development of the area in which it is proposed to
be located because the existing drugstore is compatible with other commercial land uses within
the area;
3. The size and shape of the site for the drug store with off - premises consumption of
alcohol is adequate to allow the full development of the proposed use, in a manner not
detrimental to either the particular area or health and safety;
4. The traffic generated by the existing drugstore will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by the change in ABC license will not result in an increase in the existing
volume of traffic. In addition, the number of vehicles entering and exiting the Property is
consistent with typical retail businesses that that are permitted as a matter of right within the
General Commercial (C -G) Zone; and
5. The granting of the amendment to the Original CUP under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 2010-
05521 (Conditional Use Permit No. 2010- 05521A) to permit sales of alcohol for off - premises
consumption in an existing drug store on property located at 128 South State College Boulevard,
subject to the conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference which are hereby found to be a necessary prerequisite to the proposed
use of the subject Property in order to preserve the 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 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 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.
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BE IT FURTHER RESOLVED that approval of Conditional Use Permit No.
2010-05521A constitutes approval of the proposed request only to the extent that it complies
with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 26, 2013. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY _)qING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 August 26, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of August, 2013.
A
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2010-00126A
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05521
(CONDITIONAL USE PERMIT NO. 2010-05521 A)
(DEV2010- 00126A)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
I
Any graffiti painted or marked upon the premises or on any adjacent area
Code
under the control of the property owner shall be removed or painted over
Enforcement
within 24 hours of being applied.
2
No display of beer, wine, and /or distilled spirits shall be located outside of the
Police
building located on the Property or within five (5) feet of any public entrance
to said building.
3
There shall be no exterior advertising or sign of any kind or type, including
Police
advertising directed to the exterior from within, promoting or indicating the
availability of beer, wine, and /or distilled spirits. Interior displays of beer,
wine, and /or distilled spirits or signs which are clearly visible to the exterior
shall constitute a violation of this condition.
4
The area of beer, wine, and/or distilled spirit displays shall not exceed 25% of
Police
the total display area in the building occupying the Property.
5
Sale of beer, wine, and /or distilled spirits shall be made to customers only
Police
when the customers are inside the building at the Property.
6
The possession of beer, wine, and /or distilled spirits in open containers and the
Police
consumption of beer, wine, and /or distilled spirits are prohibited on or around
the property.
7
The business owner shall police the area under their control to prevent
Police
loitering on the property.
8
There shall be no amusement machines, video game devices, or pool tables
Police
maintained at, in or upon the building located on the property at any time,
unless all required permits are first obtained from the City.
PC2013 -057
PC2013 -057
Adequate lighting of parking lots, passageways, recesses, and grounds
Planning
contiguous to buildings shall be maintained with lighting of sufficient wattage
to provide adequate illumination to make clearly visible the presence of any
person on or about the premises during the hours of darkness and provide a
safe, secure environment for all person, property, and vehicles on -site. All
exterior doors shall have their own light source, which shall adequately
illuminate door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination for persons
exiting the building.
9
The property shall be permanently maintained in an orderly fashion through
Code
the provision of regular landscaping maintenance, removal of trash or debris.
Enforcement
10
No required parking area shall be fenced or otherwise enclosed for outdoor
Code
storage.
Enforcement
11
No outside storage of equipment /furniture shall be permitted.
Code
Enforcement
12
All activities related to the use shall occur indoors, except as may be permitted
Code
by an authorized Special Event Permit.
Enforcement
13
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to individually
and collectively as "Indemnitees ") from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to the decision,
or to determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to include, but
not be limited to, damages, fees and /or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses incurred by
Indemnitees in connection with such proceeding.
14
The applicant is responsible for paying all charges related to the processing of
Planning
this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval of this
application.
15
The property shall be maintained substantially in accordance with plans and
Planning
specifications submitted to and reviewed by the City of Anaheim and which
plans are on file with the Planning Department and as conditioned herein.
PC2013 -057