Resolution-PC 2006-53• ~
RESOLUTION NO. PC2006-53
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2004-20, ADOPTED IN CONNECTION
WITH CONDITIONAL USEPERMIT N0: 2003-04823 BE'GRANTED ,
' (2530 EAST LA PALMA AVENUE) '
WHEREAS, the Anaheim Planning Commission didreceive a verified Petition for Conditional
Use Permif for certain real propertysituated in the City of Anaheim, County of Orange, State of California,
described as:
THE WEST 207.00 FEET OF THE NORTH 2O3.00 FEET OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION,12, TOWNSHIP 4 SOUTH, RANGE 10 WEST, :
'SAN`BERNARDINO BASE AND MERIDAIAN,JN THE RANCO SAN JUAN CAJON DE SANTA
ANA,1N THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA; AS PER
MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
` THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, on February 9, 2004, the Anaheim,City Planning Commission did, by its
Resolution PC2004-20 grant Conditional Use Permit No. 2003-04823 to remodel and expand an existing '
service station with a convenience market and accessory self-serve car wash with waiver of minimum
structural setback abutting an arteriat in order to maintain existing non-conforming setbacks; and
WHEREAS, Condition Na 24 of Resolution No. PC2004-20 states:
24. That no beer and wine shall be available for sale in the convenience market.
WHEREAS, the applicant has requested an amendment to his co~ditional use permit to
modify Condition No. 24, to permit the sale of beer and wine for off premises consumption; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 12, 2006, at 2:30 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 to hear
and consider evidence for and against said proposed conditional use permit and#o 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, doesfind _
and determine the following facts
1. That the requested amendmenUmodification of use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 the sale of beer and wine
for off-premises consumption.
2. That the request to delete Condition No. 24 of Resolution No. PC2004-20 which does not
permit the sale of beer and wine for off-premises consumption is hereby approved bacause the location is
not within an area of high crime or over-concentration and further that there has been only two (2) calls for
service at this location for the past year.
3. That the size and shape of the site for the use has been .adequate to allow the full
development of the service station with convenience market and car wash in a manner not detrimental to the
particular area or to the health and safety and the proposed modifications woutd not atter the physical
condition of the site.
Cr\PC2006-53 -1- PC2006-53
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4. _ That the traffic generated by the proposed use will not impose an undue burden .upon the
streets and highways designed and improved to carry the traffic in the area:
5: That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to #he health and safety of the citizens of the City of Anaheim because the sale of beer and
, wine wou-d be well controlled by the operational conditions of approval imposed upon this request.
6. That 3'peopfe indicated their presence at said public hearing in opposition (one representing
the Anaheim City.School District); and a petition was submitted with 312 signatures in opposition and two
letters were received in opposition to the request. A person spoke in favor of the request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized,representative has determined #that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, 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 Planning Commission does
hereby amend Resolution No. PC2044-20, adopted in connection with Conditional Use Permit No:2003- '
- 04823 to approve the applicant's request; and `
BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2004-20
are amentled in their entirety read as follows
1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed '
to the exterior from within, promoting or indicating the availability of beer and wine. lnterior displays
of beer and wine or signs which are clearly visible to the exterior shall constitute a violation of this
condition. .
2. That no display of beer and wine shall be located outside of a building or within five (5) feet of any
public entrance to the building.
3. That the area of beer and wine displays shall not exceed 25% of the total display area in a building.
4. That sale of beer and wine shall be made to customers only when the customer is in the building.
5. That no person under twenty-one (21) years of age shall sell or be permitted to sell beer or wine.
6. That beer and malt beverages shall not be sold in packages containing fess than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
7. That thepossession of beer and wine in open containers and/or the consumption of beer and wine
is prohibited on or around these premises.
8.' That the parking lot of the premises shall be equipped with lighting of sufficientpower to illuminate
and make easi{y discernible the appearance and conduct of all persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the normal privacy and use of any
neighboring residences.
9. That there shall be no amusement machines, video game devices, or pool tables maintained upon
the premises at any time.
10. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
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11. That the gross sales of beer and wine shall not exceed 35 percent of all retail sales during any
three (3) month period. The applicant shall maintain records on a quarterlybasis indicating the
separate amounts of sales of beer and wine and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
12. That the property shall be permanently maintained in an orderly fashion #hrough the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from the time of occurrence. :
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage area.
14. That the on-site landscaping including the trees shall be maintained in a healthy condition. Any
landscaping which is damaged, diseased or dies shall be replaced in a timely manner:
15' That p~ior to commencement of the activity authorized by this resolution, 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 through 7, and as conditioned herein.
16. That approval of this application constitutes approvat 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 ~ndings as to compliance or approval
of the request regarding any other applicable ordinance, regulation, or equipment:
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly.predicated upon applicanYs 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 thisResolution,
and any approvals herein contained, shall be deemed null and void.
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,
prior to commencement of the activity 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 the
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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June 12, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal p dures and may be replaced
by a City Council Resolution in the event of an appeaL
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AN, AHEIM P NING COMMISSION
ATTEST:
,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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' STATE OF CALtFORNiA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) -
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
' held on June 12, 2006, by the following vote of the members thereof: .
AYES: COMMISSIONERS: ,BUFFA, EASTMAN, FAESSEL, FLORES, ROMERO, VELASQUEZ _
NOES: COMMISSIONERS: KARAKI
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2006:
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SENIOR SECRETARY, ANAHEIMPLANNtNG COMMISSION