Resolution-PC 2002-181t~ ~
RESOLUTION NO. PC2002-181
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC95-53 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3763
WHEREAS, on May 15, 1995, the Anaheim City Planning Commission dic~; by its
Resolution No. PC95-53, grant Conditional Use Permit No. 3763 to expand an existing convenience
market in a commercial center; and that the expansion specifically consisted of combining an existing
convenience store with an existing liquor store at 1330 and 1332 South Magnolia Avenue; and
the following:
WHEREAS, said Resolution No. PC95-53 includes eight conditions of approval, including
"1. That the hours of the subject business shall be limited to 9 a.m. to 8 p.m., as
specified by the petitioner.
6. That sales of alcoholic beverages shall be permitted only between the hours of 9 a.m.
and 8 p.m."
WHEREAS, the existing convenience market (which is currently being renovated) and the
Alcoholic Beverage Control license for the retail sale of alcoholic beverages were established and
tic~nsed prior to the errrrent reg~tlatio~ts; and-tk~a~ tk~e-Za~Fng Code was amended_in 1988_.to require a_
conditional use permit for markets or grocery stores having interior building floor areas of less than
15,000 sq.ft. (Code Section 18.44.050.195) and further amended in 1993 to require a conditional use
permit for liquor stores (Code Section 18.44.050.193); and
WHEREAS, the subject property is developed with a commercial retail center (Coronado
Square) with 13 tenant spaces; that the zoning is CL (Commercial, Limited); that the General Plan
designates the property for General Commercial and Medium Densiry Residential Land land uses; and
that the property is located in the West Anaheim Commercial Corridors Redevelopment Area; and
WHEREAS, the petitioner has requested amendment to Condition Nos. 1 and 6 of
Resolution No. PC95-53 to increase the business hours of the existing convenience market, including the
sale of alcoholic beverages for off-premises consumption, to 7 a.m. to 10 p.m. (from 9 a.m. to 8 p.m.);
and
WHEREAS, the City Pianning Cornmissio~ did hold a public hearing at the Civ~c Center in
the City of Anaheim on December 16, 2002, at 1:30 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
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations in connection therewith; and
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:
1. That the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located; and that the request for extended
Tracking No. CUP 2002-04638
CR5517DM.doc -1- PC2002-181
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hours of operation is consistent with the daily activities of nearby commercial and residential
neighborhoods because other commercial uses in the vicinity are open daily between the hours of 8 a.m.
and 10 p.m.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate to
allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare of citizens in the adjacent neighborhood.
4. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that the Police Department has indicated that this property is not within a high crime reporting district and
has had a limited number of calls for service within the last year.
6. That one person representing West Anaheim Neighborhood Development Council
("WAND") spoke at the public hearing with questions regarding alcoholic beverage licenses (which was
not part of the subject request); and that no correspondence was received in opposition to the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falfs within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EtR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
amend Resolution No. PC95-53, adopted in connection with Conditional Use Permit No. 3763, to amend
the conditions of approval in their entirety, including expanding the hours of operation and the hours
during which alcoholic beverages can be sold as requested by the petitioner, to read as follows:
1. That the subject property shall be developed substantially in 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, as conditioned herein.
2. That subject convenience market shall continuously adhere to the following conditions, as required
by the Police Department:
(a) That sale of alcoholic beverages shall be permitted only between the hours of 7 a.m. and 10
p.m.
(b) That the 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 shaii 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) That 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) That no alcoholic beverages shall be consumed on the premises.
(e) That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of 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.
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(fl That the applicant shall be responsible for maintaining the premises free of litter at all times.
(g) That no video, electronic or coin-operated games, pool tables, or other amusement devices or
games shall be permitted anywhere on the premises of this establishment.
(h) That no display of alcoholic beverages shall be located outside the building or within five (5)
feet of any public entrance to the building.
(i) That the areas of alcoholic beverage displays shall not exceed twenty five percent (25%) of the
total display area in the establishment.
(j) That the sale of alcoholic beverages shall be made to customers only when the customer is
inside the building.
(k) That no person under finrenty one (21) years of age shall buy, or be permitted to sell, any
alcoholic beverage.
(I) 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.
(m) That any on-site public telephones which are under the controi of the petitioner shall be located
inside the convenience market.
3: That all #ash g~neFatedfcom this-convenience mar_ket 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. The Code Enforcement Division of the Planning Department 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.
4. That no storage, display or sale of any merchandise or fixtures shall be permitted outside the
building.
5. That no seating or table areas shall be provided for on-site food consumption.
6. That no food which is cooked, heated, reheated, assembled or altered on the site (as defined in
Section 18.01.040 "Convenience Market, Take-Out, Food Service" of the Anaheim Municipal Code)
shall be permitted without the provision of the minimum number of Code-required parking spaces, or
a separate request shall be filed (ar~d approved) for a variance waiv9ng the minimurn number of
required parking spaces.
7. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
8. That the property shall be permanentiy maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of gra~ti within twenty
four (24) hours from time of occurrence.
9. That there shall be no food service at this location.
10. That the daily hours of operation shall be limited to: 7 a.m. to 10 p.m..
11. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
the following:
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• Conditional Use Permit No. 432 (to establish a one and two-story multiple-family ptanned
residential development with waiver of height limitations), and
• Conditional Use Permit No. 490 (to subdivide an approved planned residential development with
waivers of required lot area and dimensions, and yard requirements).
12. That within a period of sixty (60) days from the date of this resolution, Condition No. 11, above-
mentioned, shall be complied with.
13. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 16, 2002.
~''"~"_> -
CHAI ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
- - _/n~~,
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 December 16, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 31 ST day of
D~ G Gw~. b er, 2002.
.
SECRETARY, ANAHEIM CITY PLANNiNG COMMISSION
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