Resolution-PC 2010-099RESOLUTION NO. PC2010 -099
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
CONDITIONAL USE PERMIT NO. 2010 -05524
(DEV2010- 00141)
(3446 WEST BALL ROAD)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2010- 05524, to permit beer and wine sales with a Type 20 (off -sale
beer and wine) ABC license for off - premises consumption in an existing drugstore that is less
than 15,000 square feet pursuant to Code Section No. 18.60.180 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;
WHEREAS, this property is currently developed with a drive -thru drug store,
located in the General Commercial (C -G) Zone and the Anaheim General Plan designates this
property for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 27, 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
proposed conditional use permit and to investigate and make findings and recommendations in
connection therewith; and
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. The proposed sale of beer and wine for off - premises consumption in a drugstore
less than 15,000 square feet is properly one for which a conditional use permit is authorized
under Code Section No. 18.08.030.010.
2. The drug store with off - premises consumption of beer and wine will not adversely
affect the adjoining land uses, or the growth and development of the area in which it is proposed
to be located because the existing drugstore is compatible with other commercial and uses within
the area;
3. The size and shape of the site for the drug store with off-premises consumption of
beer and wine is adequate to allow the full development of the proposed use, in a manner not
detrimental to either the particular area or health and safety;
4. The traffic generated by the existing drugstore will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the volume of traffic planned for the streets and
highways in the area;
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5. 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 and will provide a
land use that is compatible with the surrounding area.
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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05524 to
permit beer and wine for off - premises consumption in an existing drug store on property located
at 3446 West Ball Road.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby grant Conditional Use Permit No. 2010 -05524 subject to the conditions of approval
described in Exhibit `B" attached hereto and incorporated herein 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 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 duration of the use. Amendments, modifications and revocations of this pen 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. Failure to pay all charges shall result in the revocation of the
approval of this application.
2 PC2010 -099
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Munici..1 Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in e e ent of an appeal.
A1'LEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHA ' N PRO -
ANAHEIM CITY PLANNING COMMISSION
lam —
SENIOR SE TARY, ANAHEIM C1' 'Y PLANNING COMMISSION
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 September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT, FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this 27` day of September, 2010.
SENIOR SEC ARY, ANAHEIM CITY PLANNING COMMISSION
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1 APN: 079 -941 -22
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0
so 100
Feet
r
w
EXHIBIT "..A."
DEV2010- 001-11
i
W BALL RD
185.00'
4
Source Recorded Tract Maps andlor City GIS.
Please note the accuracy is +1- two to five feet.
11022
PC2010 -099
when the customer is in the building.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05524
(DEV2010- 00141)
NO. CONDITIONS OF APPROVAL
GENERAL
1 No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
2 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 alcoholic beverages.
Interior displays of alcoholic beverages or signs which are
clearly visible to the exterior shall constitute a violation of this
condition.
3 The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
4 Sale of alcoholic beverages shall be made to customers only
5 The possession of alcoholic beverages in open containers and
the consumption of alcoholic beverages are prohibited on or
around these premises.
6 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 alcoholic beverages
and other items. These records shall be made available for
inspection by any City of Anaheim official when requested.
7 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.
8 Petitioner(s) shall police the area under their control in an effort
to prevent the loitering of persons around the premises.
5
SIGNED
REVIEW BY OFF BY
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
PC2010 -099