Resolution-PC 2009-092RESOLUTION NO. PC2009 -092
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 -05327 AND
AMENDING IN THEIR ENTIRETY, THE CONDITIONS OF APPROVAL IN
RESOLUTION NO. PC2008 -75 (TRACKING NO. CUP2009- 05447)
AND APPROVING VARIANCE NO. 2009 -04796
(1200 NORTH EAST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 2008 -05327 (Tracking No.
Conditional Use Permit No. 2009 05447) to amend a previously- approved conditional use permit
to construct a new automotive repair building and pump island in conjunction with an existing
service station facility and Variance No. 2009 -04796 to permit a front landscaped setback less
than required by Code 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, on August 4, 2008, the Anaheim City Planning Commission, by its
Resolution No. PC2008 -75, did approve Conditional Use Permit No. 2008 -05327 to authorize
the sale of beer and wine for off premises consumption in conjunction with an existing service
station and accessory convenience market; and
WHEREAS, on November 24, 2008, the Anaheim City Planning Commission, by
its Resolution No. PC2008 -111, did approve an amendment to Conditional Use Permit No. 2008-
05327 (Tracking No. CUP2008- 05386) and. by its Resolution No. PC2008 -112, did approve
Public Convenience or Necessity No. 2008 -00050 to expand an existing convenience market and
to authorize the sale of beer and wine for off premises consumption in conjunction with an
existing service station; and
WHEREAS, the proposed request to construct a new automotive repair
building and pump island to an existing service station facility includes a variance from the
following:
SECTION NO. 18.42.040.010
Minimum front setback
(10 -foot wide landscaped planter
required; 3 -foot wide planter proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 12, 2009, at 3:30 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 variance and to investigate and make findings and recommendations
in connection therewith; and
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WHEREAS, said Planning 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. The request to construct a new automotive repair building and pump island in
conjunction with an existing service station facility in the General Commercial (C -G) zone is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.08.030.010 (Automotive Service Stations).
2. The service station expansion would not adversely affect the adjoining
commercial and residential land uses and the growth and development of the area in which it is
proposed to be located because all business activities, with the exception of fuel dispensing,
would remain inside the building.
3. The size and shape of the site for the service station and convenience market
operations is adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the health, safety and general welfare of the public
because all sales and operations, with the exception of fuel dispensing, would remain inside the
building. Moreover, the Code requires thirteen parking spaces for all of the uses combined, and
thirteen spaces will be provided.
4. The traffic generated by the service station would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
service station is consistent with the types of commercial uses along East Street.
WHEREAS, the Planning Commission does further find and determine that the
request for the variance from code requirements pertaining to the minimum front setback should
be granted for the following reasons:
1. The requested variance is hereby approved because there are special
circumstances applicable to the property, including size, shape, location and surroundings due to
the L- shaped configuration of the property, lot frontage on three streets, and close proximity of
the existing service station building to the Romneya Drive frontage.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, 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
for the reasons hereinabove stated does hereby approve the proposed amendment to Conditional
Use Permit No. 2008 -05327 (Tracking No. CUP2009- 05447) and Variance No. 2009 -04796 as
requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval
previously adopted in connection with Planning Commission Resolution No. PC2008 -75 adopted
in connection with Conditional Use Permit No. 2008- 05327, as amended by Planning
Commission Resolution No. PC2008 -112, as described in Exhibit `B" attached hereto and
2 PC2009 -092
incorporated by this reference, which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
Timing for compliance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the
original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this conditional use permit and this variance
are approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment
to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 approval of this application constitutes
approval 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 findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
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 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 October 12, 2009.
A I' LEST:
4/
CHAIRMAN, ANA IMyCITY PLANNING COMMISSION
SENIOR SE&kETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -092
STA 1 OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, 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 12, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this l2 day of October, 2009.
SENIOR SECRETARY, ANAHEIM CITYI ANNING COMMISSION
4 PC2009 -092
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008 -05327
(TRACKING NO. CUP2009- 05447)
AND VARIANCE NO. 2009 -04796
APN:
073 364 -21
073 364 -22
1
J
VE
E KENWOOD AVE
E ROMNEYA DR
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10838
5
PC2009 -092
No.
Conditions of Approval
Responsible for
Monitoring
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
A detailed landscaping plan for subject property shall be
submitted to the Planning Services Division for review and
approval. Said plan shall show new planters to be provided
around the perimeter of the remodeled building. Any decision
made by the Planning Services Division regarding said plan may
be appealed to the Planning Commission.
Planning
GENERAL
3
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.
Interior displays of beer and wine or signs which are clearly
visible to the exterior shall constitute a violation of this
condition.
Police/ Code
Enforcement
4
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.
Police /Code
Enforcement
5
The area of beer and wine displays shall not exceed 25% of the
total display area in a building.
Police /Code
Enforcement
6
The sale of beer and wine beverages shall be made to customers
only when the customer is in the building.
Police /Code
Enforcement
7
No person under 21 years of age shall sell or be permitted to sell
beer and wine.
Police /Code
Enforcement
8
Beer and malt beverages shall not be sold in packages
containing less than a six (6) pack, and wine coolers shall not be
sold in packages containing less than a four (4) pack. No other
wine shall be sold in bottles or containers of less than 750 ml.
The sale of beer or malt beverages in quantities of quarts, 22 oz.,
32 oz., 40 oz., or similar size containers shall be prohibited.
Police /Code
Enforcement
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05327
(TRACKING NO. CUP2009- 05447)
AND VARIANCE NO. 2009-04796
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PC2009 -092
9
The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around these premises.
Police /Code
Enforcement
10
The parking lot of the premises shall be equipped with lighting
of a minimum 1 foot candle power to illuminate and make easily
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.
Police /Code
Enforcement
11
There shall be no amusement machines, video game devices, or
pool tables maintained upon the premises at any time.
Police /Code
Enforcement
12
There shall be no public telephones on the property that are
located outside the building and within the control of the
applicant.
Police /Code
Enforcement
13
The gross sales of alcoholic beverages shall not exceed 35
percent 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.
Police /Code
Enforcement
14
The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or marked
upon the premises or on any adjacent area under the control of
the licensee shall be removed or painted over within 24 hours of
being applied.
Police /Code
Enforcement
15
The rear door(s) shall be kept closed at all times during the
operation of the premises except in the cases of emergency and to
permit deliveries. Said door(s) shall not consist entirely of a
screen door or ventilated security door.
Police/Code
Enforcement
16
Signs shall be prominently posted at the wine storage and the cash
register area reading: "Wine coolers may be purchased on these
premises only in quantities of a four -pack or more."
Police /Code
Enforcement
7
PC2009 -092
17
The hours of operation for the convenience market shall be
Police /Code
consistent with the hours as indicated in the application form on
file with the City of Anaheim Planning Department. The doors
to the convenience market shall be locked at 12 a.m. and can be
opened at 6 a.m.
Enforcement
18
The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Planning
Department marked Exhibit Nos. 1 (Site Plan), 2 (Floor Plan), 3-
4 (Elevations), and 5 (Colored Elevations), and as conditioned
herein.
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