Resolution-PC 97-48~ ~
RE LI ION NQ. PC97-48
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTIONCANO. I~(O 1L USE P RMIT p~73 ON WITH
WHEREAS, on January 4, 1988, the Planning Commisslon adopted Resdution ~lo. PC~i8-17
in connection with Conditio~al Use Permn No. 2973 to permft a cornenience mar{cet ~n conJunction wfth an
~~~tf~g senrice station wfthout the retaU sa~es of bber and `^~ine for off-premises consumptlon); that said
resdution indudes a Flnding (No. 2) determining'That the use is hereby permitted for a cornenlence market
wfth gasoline sales, but that the sale of beer ard wine is hereby prohibRed'; and that sald resduNon also
ind;~des the fdtowin9 condiUon:
'15. That there shall be no sale of beer and wine.'
WHEREAS, on November 13,1990, the City Council adopted ResduUon No. 90R-406 denyinfl
another request for retail sale of beer and wine at the cornentence market for off-premises consumption.
WHEREAS, subJect property ~s developed wfth a service station Induding a 2,960 sq•ft.
cornenience market in the CL (Commercial, Limited) Zone.
WHEREAS, the petftioner has submitted a request to Amerxi or d~lete Condftion No. 15 of
Resolution No. PC88-17 pursuant to Code S~retail sales~beer arxl w~t e for oft-premisestc~onsumpt oin
Cornenience or Necessit~r (No. 97-06) to pe
fn an existing service station cornenience market•
WHEREAS, tha Ciry Planning Commission did hoid a pubiic hearing at the CNtc CeMer in the
Ciry of Anahelm on Ap~il 28, 1997, at 1:3U P•m•~ notlce of 5aid public hearing having been duly gNen as
reyuired by Iaw and in accordance wfth the provisions of t~~ Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against sald proposed amendment and to irnestfgute and make flndings
and recommendations in connection therewfth; and
WHEREAS, said Commission, after due inspectlon, irnestigation and studY made by ftself and
ln fts behalf, and after due consideration of all evidence arxl reports offered at said hearin9~ does iEnd and
determine the follow~ng 1~~1s
~. ~ dly~!in~q~e pulWi~ 1'feadnfl, the petit~oner withdrew Determinatfon of Pubilc Cornenienca
~* Ne~e~~No, 9~~;
p, T1nat modffk,~Sl19,~i ~~ ~~ ~andie~nal use permR, induding the imposftion of addftionai
f
~~nbns th~ttbYo,, is re~&~Oftab-Y ~~ea;~gsan'ti° F~~ the public peace, health, eafery or generel welfare a
~~ry-to ~K,~ea6sonable op~tion under the condftional use permft as graMed; and
~ ~ry~~ ~,pg o~@ ind5cated their presence at said public hearing in opposft~on; and that no
cmResport~enca v4aa receN~d i~ opposftion to the subject petRion.
.~ _ PC97-48
CR2&37PLWP
~ ~
CAUFORNIA ENVIRONMENTAL ~UALITY ACT o le hl Nega ~8~ tD a~raUoniuponflndingthat
Commtssfon has reviewed the proposa~ and does hereby app
the dedaradon refiects the independerrt Judgement of the lead ag ~ u~ r~~ p~ ~~~ her
NegatNe Dedaration together wfth any comment~ recelved during p
flnding on the basis of the inftial study and any comments receNed that there is no subslanCral evidence that
the project wA{ have a signiflcaM effect on the ernironmem.
NOW THEREFORE BE R RESOLVED that the Anaheim Cfry Planning Commission does hereby
onditional Use Pertnit Noe2973 by add ng e fdlowing new cond~s'?~ adopted in connection wich
17. That trees shall not be unreasonablY Mmmed to increase vis(bpnY of the iacqity.
18. That the parkin9 lot senring ihe premises shall bo equipped with IlgMing of sufflcient power to
Nluminate, and make eas~~Y dfscemible, the appearance and cor~d~c~ °f all persons on or about the
parking lot Sald IlgMing shall be directed, pusft~oned a~d Sh~elded ~n such a manner so as not to
unreasonablY illuminete the wirxiow areas of nearby businesses•
19. and/or'wi e~in~ serv e sta lon ) as it m~ay be amended fromat me to~ e sha~~ ~be ~° ~le~ w~~r
20. That the sales of aicohdic bevera9montrh ` riod. T~app ~ sh~ali mair tain ecords on quarteriy
all retail sales during any thrse (3) Pe
bas~s ~ndicating the separate amounts of sales of alcoholic beverafles and other ftems. These records
~orc ment oP dico Office duringeeasonable business hou ~ bY any CftY of Anaheim Code
21. That there shail be no cofn-operatetl9ames mairrtained upon the premises at any time.
22. That the sale of alcoholic beverages shali be made to customers only when the customer is inside the
building.
23. That no person under twenty one (21) years of age shall sell or be pemiitted to se~~ any beer or wina.
24. That there shall be no sudio (inte~lor or exterior) advertfsement of beer arxl/or wine sales.
25. That any tree planted on-sfte shall be replaced in a ti in~ sh~alinbe frrigated and maintatned fn good
damaged, diseased and/or dead arxl that all landscap 9
conditton at all times.
26. That, ~n confortnance wfth Anaheim Municipal Code Sec:~on 18.44.050.070 pe-'ta~n~ng to removal of
closed service stations, an unsubordiruited agreement she11 be recorded wfth the Office of the Orange
County Recorder agreeing to remove ihe service station structures in the e~em that the station is
closed for a period of twelve (12) consecucNe mor-ths. A service station shall be co~ I~eed~d ~~
during any month in which ft is open for less than fifteen (15) days. A copy
agreement shall be submitted to the 7.oning DNlsion.
27. That sales of beer and/or wine shall be permitted oniy between the hours of 8 a.m. and 11 p.m.
28 That no slcohdic bevere9es sha~l be consumed o~ the property.
29. That the owner of subJect propeRy shall be responsible for the remove~ of Iriter on a daUy basis and
pG~J7~
.2.
~ ~
29. That the owner of subject property shal~ be responsible for the remov~i of litter on a daily basis and
any on-sfte gratflN within twenty-four (24) ho~rs of fts application.
3p. That any on-site public teiephone(s) shall be located within fifteen (15) feei of the main errtrancs or
inside the com~enience market.
31. That no wirxiow signs shall be permitted•
32. That approval for the off-premises sale of beer and wine shall terminate one (Z) yaar from the date
of this resdutlon ff the applicant has not purchased an existing active a~ropee ting~Ncohdic
Beverage Contrd license within the same census tract du~ing sald one (1} y pe
33. That no outdoor dispta~y ~ nt Permfti~ or any other products for sale shall be permitteci unless ftrst
authorized by a Spec
34. That the barrels stored near the trash endosure shal! be removed and no outdoor storage shali be
permitted.
35. That minimum frfteen (15) gallon sized trees shall be planted adjacent to Magnolia Avenue (minimum
nine [s] trees) and Broadway (minimum seven [7] trees).
36. That subject properry shall be developed substantially in acc~~~ance with plans and spec~ications
submitted to the Ciry of Anaheim by 4he petftioner and which plans are on file with the Planning
Departmer.t marfced Exhibit Nos. 1 through 3; except as otherwise condftioned herein.
37, That prior to the commencement of the activiiy authorized by this resdution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos.1 @, 26, 34, 35 and 36 above-m ~nii ned,
accordancemwith sect on 8 03 090 of the Anahe meMunicipal et~e•a conditions may be 9
38. That approval of this application constftutes approval af the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
request~ega d ng any other applicableeor~ nanoenregulaton or requireme~nce or approval of the
THE FOREGOING RESOLU'!'i0N was adopted at th Planning Commission meetfng of April
28, 1997.
CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION
ATTEST: ~ ~
W tt.~w.~ ~
SECR ARY, A AHEIM CITY PLANNING COMMISSION
~- PC97-48
~ ~:
uTATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
GITY OF ANAHEIM )
I, MargarEta Sdorio, Secretary of the Anaheim C'dy Planning Commisston, do hereby certify
that the foregoing resolutian was passed and adopted at a meeting of the Maheim Ciry Planning
Commission held on Aprfl 28, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, tu1ESSE,
NOES: COMMISSIONEHS: PERAZA
ABSENT: COMMISSIOlJERS: MAYER
IN WITNESS WHEREOF, ! have hereunto set my hand this ~~ day of 1_ Y~._.
1997. ~,~~7 ~
~ ~I (it~t1
S~CRETARY, NAHEIM CITY PLANNING COMMISSlON
„~ PC97~18