Resolution-PC 98-142RESOLUTION NO PC98-142
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIUN
DENYING A REQUEST TO AMEND CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 97R-144 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2973
WHEREAS, on Juiy 22, 1997, the Anaheim City Council adopted Resolution No. 97R-144
approving Conditional Use Permit No. 2973, in part, to permit a convenience market with gasoiine sales
and off-sale beer and wine on a 0.5-acre proFerty located at the southeast corner of Magnolia Avenue and
Broadway (304 South Magnolia Avenue - Thrifty Oil Company); and that said resolution included the
following condition of approval:
32. That approval for the off-premises sale of beer and wine shail terminate on July 22, 1998,
if the applicant has not purchased an existing active and operating Aicoholic Beverage
Control (ABC) license within the same census tract prior to said date. No sale of beer
and/or wine for off-premises consumption shall be permitted on the property unless and
until the applicant has purchaaed an existing and active ABC licPnse within the seme
census tract no later than Juiy 22,1998.
WHEREAS, the City Council concurrently approved Determination of Public Convenience
or Necessity No. 97-06, with a similar time constraint; and
WHEREAS, this property is developed with a service station and a 2,960 sq.ft.
convenience market in the CL (Commerciai, Lirr~ited) Zone; that the Anaheim General Plan designates
this property for Generat Commerciai land uses; and that this property is also located in the West
Anaheim Community Planning Area; and
WHEREA3, the peti!ioner requests amendment to Condition No. 32 for reinstatement of
t6ia retail sa~es cf beer ~r,~ wine from the convenierice market for uff-premises consumption under
2~thoniy of Section 18.03.093 of the Anaheim Municipal Code; ~nd
~^~'-IEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
thz City of Anaheim on September 14, 1998 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 Municipai Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditiona~ use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, aHer due inspection, (nvestigation 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 retail sale of beer and wine in a convenience market for off-premises
consumption is authorized under Code Sections 18.44.050.193 and 18.44.050.195.
2. That the Anaheim Police Department opposes this request due to an above-average
crime rate for the reporting district in which this convenience markeUservice station is located; and that an
additional Aicoholic Beverage Control Board license in this census tract would result (n further over-
concentratien of such licenses.
3. That the Magnolia School District opposes this request on the bas~s lhat lhere are already
many locations in the immediate area that sell beer and wine.
CR3429pk.Doc -1- PC98-142
4. That reinstatement of the retail sale of beer and wine from a service station convenience
market for off-premises consumption would adversely affect the adjoining land uses and the growth and
development of the area In which it is proposed to be located.
5. That the size and shape of the site for the proposed reinstatement is not adequate to
allow the full development of the use in a manner not detrimental to the particular area nor to the peace,
health, safety and general ~velfare of lhe Citizens of the ~ity of Anaheim.
6. That reinstating the retail sale of beer and wine from a service station convenience market
for off-premises consumption would be detrimental to the peace, health, safety and general welfare of the
Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will impose an undue bur~ien upon the
streets and highways designed and improved to carry the traffic in the area.
8. That two people indicated their presence (n opposition a'; the public hearing; and that
correspondence was received fn opposition to the proposal.
CALIFORNIA ENVIRONMENTAL QUALIN ACT FINDING: That the Anaheim City Pianning Commission
has reviewed the proposal and does hereby find that the Negative Declaration previously approved (n
connection with Conditional Use Permft No. 29731s adequate to serve as the required environmental
documentation in connection with this request upon finding that the deciaration reflects the independent
judgment of the lead agency and that it has considered the previously approved Negative Declaraqon
together with any comments received during the public review process and further find(ng on the basis af
the initial study and any comments received that there fs no substantial evidence lhat the project wili have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOWED that ~th6.~1i1aheim City fplanrriinq ~m~{~(ss,~~~
does hereby deny the request to amend Condition No. ~2 of P~so1!ilUon No. 93~R=?.~ ado~„ec~ ~~
connection with Conditional Use Permit 2973, thereby=nlsn denyi~ tM$ re~~~ io <<~~~~tate Ih@~,re~~il s~le
of beer and wine for off-premfses consumption from a sa~j~e ~~~yan con ie.~~ rnarkek, on th~ b~aslg g$
the aforementioned findings. '~ ~
THE FOREGQING RESOLUTION wa a,. BA d at tho P r~ Cnmrr~!¢°i~,on me~tinn~ ~
September 14, 1998. n 1~
ATTEST:
.(.l W l>(Jtif,i u-B'
SECRETARY, A HEIM CITY PLANNING COMMISSION
PC98-142
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AN~HEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commiss(on, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of lhe Anaheim City Planning
Commission held on September 14,1998, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUtd, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: BOSTWIGK
ABSENT: COMMISSIONERS: NONE
IN WITNEBS WHEREOF, I have hereunto set my hand this,~_day of
~n?!~~ 1998. '
pbC~fcLdJ
• SECRETAR ANAHEIM CITY PLANNING COMMISSION
PC98-142