2004-078
RESOLUTION NO. 2004- 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT
NO. 3420 AND AMENDING RESOLUTION NO. PC91-87.
WHEREAS, on June 17, 1991, the Anaheim City Planning Commission did, by its
Resolution No. PC91-87, grant Conditional Use Permit No. 3420 to permit a convenience market at
1523 West Katella A venue subject to certain conditions of approval, including the following:
"3.
That no fast-food service facilities shall be permitted in subject convenience market
unless a variance for parking is approved by the City Council, Planning Commission,
or Zoning Administrator or unless sufficient Code parking is provided.
4.
That no alcoholic beverages shall be sold on the subject property."
WHEREAS, on November 16, 1999, the Anaheim City Council did, by its Ordinance
No. 5706, amend subsection 18.06.050.020.022 (Retail Stores and Service Businesses-General) of
Chapter 18.06 (Vehicle Parking and Loading Requirements) of the Anaheim Municipal Code to
establish the following parking requirement for Convenience Markets with take-out and/or
food/meal service: 5.5 spaces per 1,000 square feet of gross floor area, plus 3 parking spaces for the
first additional use, plus 1 parking space for each additional use thereafter, except that said
additional spaces shall not be required when the use is integrated within a commercial retail center;
and
WHEREAS, the property is developed with a commercial center including La
Estrella Market which has a take-out restaurant service deli with seating for 26; that the zoning is
CL (Commercial, Limited); and that the Anaheim General Plan designates the property for
Commercial Professional land uses; and
WHEREAS, the petitioner requests deletion of Condition Nos. 3 and 4 of Resolution
No. PC91-87. adopted in connection with Conditional Use Permit No. 3420, to permit the retail sale
of beer and wine at an existing convenience market for off-premises consumption and for
on-premises consumption in the take-out restaurant service deli portion of the convenience market;
and
WHEREAS, the City Planning Commission did hold a public hearing to hear and
consider evidence for and against the proposed amendment to Conditional Use Permit No. 3420 and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, on March 22,2004, 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, adopted its Resolution No. PC2004-29 denying said application
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WHEREAS, the decision of the Planning Commission was appealed to the City
Council within the time provided by law; and
WHEREAS, the City Council held a duly noticed public hearing on May 1 1, 2004, at
which hearing the City Council did receive and consider evidence, both oral and documentary,
relating to said request; and
WHEREAS, the City Council hereby finds and determines that the amendment of
said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the
public peace, health, safety or general welfare, or necessary to permit reasonable operation under
said Conditional Use Permit No. 3420.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3420 as
heretofore set forth in Resolution No. PC9] -87 be. and the same are hereby, amended in their
entirety to read as follows:
"1. That the on and off sale beer and wine portion of this permit shall expire one (1) year from
the date of this resolutÎon.
2. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible from the view of the street or adjacent properties.
3. That this business establishment shall continuously adhere to the following conditions, as
required by the Police Department:
a) 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.
b) No display of alcoholic beverages shall be located outside of the building or within five (5)
feet of any public entrance to the building.
c) The area of alcoholic beverage displays shall not exceed 25% of the total display area in the
convenience market.
d)
No person under twenty-one (21) years of age shall sell or be permitted to sell any beer or
wIne.
e) 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.
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f) The parking lot of the premises shall be equipped with lighting of sufficient 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.
g)
There shall be no admission fee, cover charge, nor minimum purchase required.
h) There shall be no amusement machines, video game devices, or pool tables maintained upon
the premises at any time.
i) There shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
j) The gross sales of beer and wine for off-premises consumption shall not exceed 35 percent
of all convenience market 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.
k) The gross sales of beer and wine for on-premises consumption shall not exceed 40 percent of
all restaurant 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.
I) There shall be no bar or lounge area upon the licensed premise maintained for the purpose of
sales. service, or consumption of alcoholic beverages directly to patrons for consumption.
m) There shall be no live entertainment. amplified music or dancing permitted on the premise at
any tlme unless the proper permits have been obtained from the City of Anaheim.
n) The activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
0)
The hours of operation shall be limited to 8 a.m. to 9 p.m. each day of the week.
p) Subject alcoholic beverage license shall not be exchanged for a public premise (bar) type
license nor shall the establishment be operated as a public premise as defined in Section 23039 of
the Business and Professions Code.
q)
Food service with a full meal shall be available until closing time, on each day of operation.
r) On-premises consumption of beer and wine shall only occur in conjunction with food
servIce.
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4. That in order to maintain visibility into the establishment for security purposes, window
signage shall not be permitted. All fixtures, displays, merchandise and other materials shall be
setback a minimum of three (3) feet from all window areas.
5. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
6. That any tree planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dead.
7. That the owner of subject property shall submit a letter requesting termination of
Conditional Use Permit No. 3366 (to permit on-premises sale of beer and wine within a restaurant
with waiver of minimum of parking spaces at 1523 West Katella A venue) to the Zoning Division.
8. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
9. That this take-out/deli restaurant shall be limited to a maximum of ten (10) seats. Any
excess seating shall be removed.
10.
That no shopping carts shall be provided to customer for use on the premises.
11. That prior to commencement of the activity authorized by this resolution, or within a period
of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3f, 3h, 3i,
4, 7, 8, and 9, above-mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code. Further, if an extension of time is requested for the alcohol sales portion of this request, it
shall be considered at a noticed public hearing.
12. 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, except as expressly amended herein, Resolution
No. PC9l-87 shall remain in fu1l force and effect.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this] ] th day of May, 2004, by the following roll call vote:
AYES:
Mayor Pringle, Council ~fembers Chavez, Tait, Hernandez
NOES:
Council Member McCracken
ABSENT:
None
ABSTAIN:
None
By
MAYOR OF THE
ANAHEIM
A TTE~T:
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(lITY CLERK OF THE CITY OF ANAHEIM
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