Resolution-PC 2008-37C~
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RESOLUTION NO. PC2008-37
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1(EXISTING FACILITIES)
AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05295
(3020 WEST LINCOLN AVENUE)
WHEREAS, on March 17, 2005, the Anaheim Planning Commission adopted
Resolution No. PC2005-34 in connection with Conditional Use Permit No. 2008-05295 to permit a
2,520 square foot convenience market with off-premises beer and wine sales at an existing retail center
located at 3020 W. Lincoln Avenue; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a
Conditional Use Permit to permit sales of beer and wine at an existing convenience market for off-
premises consumption 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.
WHEREAS, this property is currently developed with a multiple tenant retail center
within the West Anaheim Commercial Corridor Overlay zoning and the Anaheim General Plan
designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested to retain apreviously-approved convenience
market with off-premises beer and wine pursuant to Code Section 18.60 of the Anaheim Municipal
Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 17, 2008, 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 "Procedures", to hear and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
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 request to permit off-premises beer and wine sales is properly one for
which a conditional use permit is authorized under Code Section 18.08.030.040 of the Anaheim
Municipal Code; and
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located because the sale of beer and wine is
ancillary to the overall product mix provided by the convenience market. Moreover, the Police
Department indicates no specific concerns related to off-premises beer and wine sales and operation of
this business, subject to compliance with conditions of approval.
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3. That the size and shape of the site for the continued use of the property as a
convenience market with off-premises beer and wine sales is adequate to allow the use in a manner not
detrimental to either the particular area or health and safety as the sale of beer and wine is ancillary to
the existing convenience market.
4. That the traffic generated by the continued use of the property as a convenience market
with off-premises beer and wine sales will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area and;
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine
is ancillary to the existing convenience market, the Police Department indicates no specific concerns
related to off-premises beer and wine sales and operation of this business, subject to the conditions of
approval.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-005295 to
permit off-premises sales of beer and wine within an existing 2,520 square foot convenience market
upon the following conditions 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:
Responsible for
COA Conditions of Approval Monitoring
GENERAL ~ ~ . ~ ~ ~ ;j ~,,<~ , °;~~ . n~ ~~ ~ f~ ~ ~;; ~ ~.~.~;s~~s•,
COA 1 That there shall be no exterior advertising or sign of any kind Police
or type, including advertising directed to the exterior from
within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs
which are clearly visible to the exterior shall constitute a
violation of this condition.
COA 2 That there shall be no display of beer and wine located Police
outside of the building or within five (5) feet of any public
entrance to the building.
COA 3 That the area of beer and wine displays shall not exceed 25% Police
of the total display area in the building. Said information
shall be specifically shown on plans submitted for building
permits.
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Responsible for
COA Conditions of Approval Monitoring
COA 4 That the sale of beer and wine shall be made to customers Police
only when the customer is in the building.
COA 5 That beer and malt beverages shall not be sold in packages Police
containing less than a six (6) pack, and that wine coolers
shall not be sold in packages containing less than a four (4)
pack.
COA 6 That the possession of beer and wine in open containers and Police
the consumption of beer and wine are prohibited on or
around the premises.
COA 7 That the parking lot serving the premises shall maintain Police
adequate lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons
on or about the parking lot.
COA 8 That there shall be no amusement machines, video game Code
devices, or pool tables maintained within or under control of Enforcement
the convenience market operator at any time.
COA 9 That there shall be no public telephones on the property that Code
are located outside the building and within the control of the Enforcement
applicant.
COA 10 That the gross sales of beer and wine shall not exceed 35% Police
of all retail sales during any three (3) month period. The
applicant shall maintain records on a quarterly basis
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.
COA 11 That the property shall be maintained in an orderly fashion Code
by providing regular landscape maintenance, removal of Enforcement
trash or debris, and removal of graffiti within twenty-four
(24) hours from time of occurrence.
COA 12 That no wine shall be sold in bottles or containers smaller Police
than 750 ml.
COA 13 That no person under eighteen (18) years of age shall sell Police
beer and wine and no person between eighteen (18) and
twenty (20) shall be permitted to sell any beer or wine unless
a supervisor twenty-one (21) years or older is on site.
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Responsible for
COA Conditions of Approval Monitoring
COA 14 That all exterior doors shall have their own light source, PoliceBuilding
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 at all times.
COA 15 That the applicant shall maintain on file an Emergency Police
Listing Card, Form APD-281, with the Police Department.
COA 16 Applicant/operator shall maintain trash and storage areas as Public Works
approved by Public Works Department, Streets and
Sanitation Division.
COA 17 That all trash generated from this market shall be properly Code
contained in trash bins contained within approved trash Enforcement
enclosures. The number of bins shall be adequate in number
and bin size for trash collection. Trash collection pick-up
shall be as frequent as necessary to ensure the sanitary
handling and timely removed 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 ofpick-up shall be paid for by the business owner.
COA 18 That no outdoor storage, display or sales of any merchandise Code
or fixtures shall be permitted outside the building. Enforcement
COA 19 That the applicant shall retain an alcoholic beverage sales Police
employee training program and continually train new
employees as appropriate to ensure responsible sales of beer
and wine to the public, and to prevent illegal sales to minors.
Said program shall be subject to review and approval by the
Anaheim Police Department.
COA 20 That subject property shall be developed substantially in Planning
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 Exhibits Nos. 1
through 5, and as conditioned herein.
COA 21 That the applicant shall submit a security plan to the Police Police
Department, Community Services Division for review and
approval. Said plan shall propose additional security
measures to the satisfaction of the Police Department.
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COA
Conditions of Approval Responsible for
Monitoring
COA 22 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is 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.
COA 23 Approval of this application constitutes approval of the Planning
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 Anaheim 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 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 March 17, 2008. 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 procedures and
may be replaced by a City Council Resolution in the event o~ an appeal.
CHAIl2MAN PR~TEId~ AI`~AHE1M PLANNING COMMISSION
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ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 March 17, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
March, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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Source: Recorded Tract Maps and/or City GIS.
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Conditional Use Permit No. 2008-05295
3020 West Lincoln Avenue
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