Resolution-PC 2003-134. •
RESOLUTION NO. PC2003-134
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST TO AMEND CONDITIONAL USE PERMIT NO. 3921
TO REINSTATE AND RETAIN THE RETAIL SALE OF ALCOHOLIC BEVERAGES (FOR OFF-
PREMISES CONSUMPTION) AT A CONVENIENCE MARKET
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny this request to amend Conditional Use Permit No. 3921 to reinstate and permit the retail
sales of alcoholic beverages for off-premises consumption in conjunction with the convenience market
based on the above findings and the evidence and testimony presented during the public hearing.
WHEREAS, on April 28, 1997 the Anaheim City Planning Commission did, by its
Resolution No. PC97-42, grant Conditional Use Permit No. 3921 to permit a 2,200 sq.ft. convenience
market in an existing commercial retain center with sales of afcoholic beverages for off-premises
consumption and with waiver of minimum number of parking spaces on property located at 1112 North
Brookhurst Street, Suite 1(Cheers Market); and that Condition No. 7 of said resolution specifies the
following:
7. That the sale of alcoholic beverages for off-premises consumption is hereby granted
for a period of two (2) years to expire on April 28, 1999.
WHEREAS, on January 26, 1999, the Anaheim City Council did, by its Resolution No.
99R-23, arriend Qhe above=rrTeFltioned ResQfutiorr No. PC97-42 to amen~t the-parkiRg waiver-and to
amend certain conditions of approval, including Condition No. 7 which was amended to read as follows:
7. That the retail sales of alcoholic beverages for off-premises consumption is hereby
granted until November 28, 1999.
WHEREAS, on May 8, 2000, the Planning Commission did, by its Resolution No.
PC2000-25, amend the above-mentioned Resolution No. PC97-42, as amended by Resolution No.
99R-23, to amend the conditions of approval in their entirety, including Condition No. 1(replacing
previous Condition No. 7) which reads as follows:
That the sale of alcoholic beverages for off-premises consumption is hereby granted
for a period of two (2) years, to expire on November 28, 2002.
11. That the sale of alcoholic beverages shall not exceed thirty five percent (35%) of the
gross sales of all retail sales 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 items. These records shall be subject to audit and
made available when requested by any City of Anaheim official during reasonable
business hours.
WHEREAS, this property is developed with a 9,860 sq.ft. commercial retail shopping
center, including the Cheers Market; that the property is zoned CL(BCC) "Commercial, Limited -
Srookhurst Commercia! Corridor Overla~'; that the property is locatezi in the West Anaheim Commercial
Corridors Redevelopment Project Area; and that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and
WHEREAS, under the authority of Code Section 18.03.093 of the Anaheim Municipal
Code, the petitioner requests reinstatement of a portion of Conditional Use Permit No. 3921, which
expired on November 28, 2002, to retain the retail sale of alcoholic beverages (for off-premises
consumption) at the existing convenience market, and amendment of Condition No. 1 which specifies that
said use expires on November 28, 2002; and
Tracking No. CUP2003-04723
CR\PC2003-134.doc -1- PC2003-134
• .
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 28, 2003, 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 Municipat 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 that said public hearing was continued to the
September 8, September 22 and October 6, 2003 Planning Commission meetings; 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 proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That with regard to reinstating the retail sale of alcoholic beverages for off-premises
consumption, this conditional use permit has not been operated substantially in the manner approved by
the Planning Commission and City Council, as evidenced by a Code Enforcement Division inspection
during which the business failed to provide records pertaining to the percentage sales of alcoholic
beverages relative to the gross retail sales of all items at the convenience market, as required by
Condition No. 11 of the above-referenced Resolution No. PC2000-25.
3. That with regard to reinstating the retail sale of alcoholic beverages, this conditional use
permit is being exercised in a manner detrimental to the particular area and surrounding land uses, as
evideneect by the Rtcohofic Beverage- Eontrof ("ABC") ficense violations reported by the Anaherm Pofice
Department over the past two years, and discussed paragraph (11) of the Staff Report to the Planning
Commission dated October 6, 2003.
4. That approving this request to retain the sales of alcoholic beverages would be
detrimental based on evidence from the Anaheim Police Department that this business has been cited for
selling alcoholic beverages to minor, sales of improperly marked and not properly concealed
pornographic matter, sales of drug paraphernalia, un-permitted window signage, and no records for
alcohol sales over the past two years.
5. That approving this request to continue the sale of alcoholic beverages in this
convenience market at this location, in conjunction with violations of the ABC license, would be
detrimental to the public peace, health and safery and general welfare of the citizens of the City of
Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke with concerns; and that no correspondence was received in opposition.
CALIFORNiA ENViRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the sale of alcoholic beverages within an
existing convenience market on a 0.91-acre irregularly-shaped property located north and east of the
northeast corner of La Palma Avenue and Brookhurst Street, having frontages of 127 feet on the north
side of La Palma Avenue and 83 feet on the east side of Brookhurst Street, and further described as 1112
North Sr~okhurst Strl~iVt, Suite 1(Cheers Market); and does hereby determine that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3921 is adequate to serve
as the required environmental documentation for this request upon a finding by the Commission that the
previously approved Negative Declaration reflects the independent judgment of the lead agency and that
it has considered the previously approved Negative Declaration together with any comments received
during the public 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny this request to amend Conditional Use Permit No. 3921 to reinstate and permit the retail
sales of alcoholic beverages for off-premises consumption in conjunction with the convenience market
based on the above findings and the evidence and testimony presented during the public hearing.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 6, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 October 6, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003. ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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