Resolution-PC 2010-103WHEREAS, 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, on October 12, 2009 the Anaheim City Planning Commission, by its
Resolution No. PC2009 -092, did approve Conditional Use Permit No. 2009 -05447 to construct a new
automotive repair building and pump island in conjunction with an existing service station facility with a
front landscaped setback that is less than required by Code; and
approval:
RESOLUTION NO. PC2010 -103
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. 2009 -05447 (TRACKING NO. CUP2009- 05447A)
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2009 -92
(DEV2009- 00009)
(1200 NORTH EAST STREET)
WHEREAS, Resolution No. PC2009 -092, includes the following conditions of
" 7. No person under twenty one (21) years of age shall sell or be permitted to sell beer and
wine.
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."
WHEREAS, this property is currently developed with a 1,650 square foot
convenience market building and a 1,250 square foot automotive repair building and is located in the
General Commercial (C -G) zone and the Anaheim General Plan designates this property for General
Commercial land uses; and
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WHEREAS, the Planning Commission did receive a verified Petition to amend
Conditional Use Permit No. 2009 - 05447, to modify or delete certain conditions of approval pursuant
to Code Section No. 18.60.190 of the Anaheim Municipal 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; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 11, 2010, at 5:00 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 amendment
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the 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 facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The existing permit has been consistently exercised in a manner that is not
detrimental to either the particular area or to the health and safety of the citizens of the City of
Anaheim and there have not been any code violations relating to the subject property.
4. With regard to the deletion of Condition No 7 pertaining to the minimum age of those
allowed to sell alcoholic beverages, it has been determined that this condition is unnecessary as the state
Department of Alcoholic Beverage Control already mandates such a restriction. With regard to the
deletion of Condition No. 8 pertaining to the sales of single- serving containers of beer and wine, such
deletion is appropriate because it has been demonstrated that the use has operated in a manner that is
compatible with the surrounding area and the property is located in a Police reporting district which has a
crime rate of 3 percent below the City average.
5. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. The use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located as the convenience market has been operating in
conformance with all conditions of approval and there have been no code violations on the property.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the convenience market has been operating in conformance with all conditions of approval and
there have been no code violations on the property.
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8. The traffic generated by the existing use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the convenience
market has been operating in conformance with all conditions of approval and there have been no
code violations on the property or complaints of parking or traffic impacts.
9. The Anaheim Police Department recommends approval of the request to delete the
conditions of approval. Based upon research of crime statistics for the area and calls for service to
this location, there is no indication of any identifiable problems associated with the proposed sales of
beer and wine singles.
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 City Planning
Commission, for the reasons hereinabove stated does hereby approve the amendment to Resolution
No. PC2009 -092, adopted in conjunction with Conditional Use Permit No. 2009 - 05447, to delete
Condition Nos. 7 and 8 pertaining to the age restriction relating to the sale of alcoholic beverages
and the sale of beer and wine in packages containing less than a six (6) pack.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Resolution No. PC2009 -092, as
previously amended, to read as shown in Exhibit `B" attached hereto and incorporated herein by this
reference, which conditions 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.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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, except as expressly amended herein, the
provisions of Resolution No. PC2009 -092, approving Conditional Use Permit No. 2009 - 05447, as
previously amended, shall remain if full force and effect.
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.
3 - PC2010 -103
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 t e Planning Commission meeting
of October 11, 2010.
A'1"1'EST:
SENIOIECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE 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 11, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of October, 2010.
/ J1AA
CHAIRMAN, A IM CITY PLANNING COMMISSION
SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV2009 -00009
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
11026
5 PC2010 -103
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2009-05447
(DEV2009- 00009)
NO. CONDITIONS OF APPROVAL
GENERAL
1 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
2 No display of beer and wine shall be located outside of a building or Police
within five (5) feet of any public entrance to the building.
3 The area of beer and wine displays shall not exceed 25% of the total Police
display area in a building.
4 The sale of beer and wine beverages shall be made to customers only Police
when the customer is inside the building.
5 The possession of alcoholic beverages in open containers and the Police
consumption of alcoholic beverages are prohibited on or around the
premises.
7 There shall be no amusement machines, video game devices, or pool Police
tables maintained upon the premises at any time.
9 The gross sales of alcoholic beverages shall not exceed 35 percent of Police
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.
REVIEW SIGNED
BY OFF BY
6 The parking lot serving the premises shall be equipped with lighting of Code
sufficient power to illuminate and make easily discernible the Enforcement
appearance and conduct all persons on or about the parking lot. Said
lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably illuminate the window areas of adjacent
properties.
8 That any public telephones proposed on -site shall be located inside the Code
convenience market building. Enforcement
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10 The applicant shall be responsible for maintaining the area adjacent to Code
the premises over which they have control, in an orderly fashion Enforcement
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 two (2) business days of being applied.
11 The rear door(s) shall be kept closed at all times during the operation of Police
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.
12 No required parking areas shall be fenced or otherwise enclosed for Code
outdoor storage uses. Enforcement
13 The property shall be developed substantially in accordance with plans Planning
and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the 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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