Resolution-PC 2002-103• •
RESOLUTION NO. PC2002-103
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04555 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTHERLY 103 FEET OF THAT PORTION OF LOT 16 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP BY WM. HAMEL, ON FILE IN THE RECORDER'S
OFFICE OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS
RESERVED ON PAGE 163 IN BOOK 3, ENTITLED "LOS ANGELES COUNTY MAPS",
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF PLACENTIA AVENUE, DISTANT
THEREON SOUTH 0° 05' 15" WEST 493.97 FEET FROM THE NORTHEAST CORNER
OF SAID LOT 16, SAID CORNER BEING CONSIDERED TO BE THE INTERSECTION
OF THE CENTERLINE OF SOUTH STREET AND PLACENTIA AVENUE; THENCE
SOUTH 74° 36' 05" WEST 238.23 FEET PARALLEL WITH SAID CENTERLINE OF
SOUTH STREET TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO C.L.
BECKER,. RECORD_ED SEPTEMBER 18.~. 1908_ IN B.OOK 161 -PAG~ -89 OF -DEEDS;
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 15° 45' 25" EAST ALONG
SAID EAST LINE OF SAID BECKER LAND TO THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO JENNIE B. MATOUK, RECORDED JUNE
3, 1943 IN BOOK 1196 PAGE 47, OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, THENCE NORTH 74° 30' EAST 185.4
FEET ALONG THE SOUTHERLY LINE OF SAID MATOUK LAND TO SAID
CENTERLINE OF PLACENTIA AVENUE; THENCE NORTH 0° 05' 15" EAST 208.23
FEET TO THE POINT OF BEGINNING
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 17, 2002 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 Municipal Code, Chapter
18.03, 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 that the hearing was
continued to the July 1, 2002 mee#ing; and
VVHEREA~, said ~ommission, 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. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.010, 18.44.050.193 and 18.44.050.195 to wit: to permit a
convenience market in conjunction with a deiicatessen with the retail sale of beer and wine for both on-
premises and off-premises consumption, and with waiver of the following:
Sections 18.06.050.020.022.0225 -
18.06.050.020.023.0233
18.06.080
and 18.44.066.050
Minimum number of parking spaces.
(44 spaces required; 23 spaces proposed, and concurred with
by the City Traffic and Transportation Section)
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2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use, based on the parking study prepared by Associated Traffic
Consultants, dated April 25, 2002, which analyzed another existing and identical business owned by the
applicant in another ciry; that City Traffic and Transportation staff have reviewed the study and concur
with the proposed waiver based on a maximum of 15 seats being provided for customers dining at the
delicatessen; that there is sufficient parking for the use based on evidence that the proposed sit-down
dining in connection with the delicatessen will not be a typical restaurant; and that many customers
eating in the delicatessen will also be customers of the retail meat market.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use
because, based on the submitted Parking Study, more than 21 % of the parking spaces are expected to
be vacant during peak demand hours at the market.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
6. That the waiver, under the conditions imposed including how the parking will be laid out,
will not impede vehicular ingress to, or egress from, adjacent properties upon the public streets in the
immediate vicinity of the proposed use,
7. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
10. That granting this conditionai use permit, under the conditions imposed, wili not be
detrimental to the peace, health, safery and general welfare of the citizens of the City of Anaheim.
11. That six people spoke at the public hsaring in opposition to, or with concerns about, the
proposal; and that no correspondence was received in opposition.
12. That one letter was received in favor of the proposal including the recommended
conditions of approval.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions 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 ot the City of Anaheim:
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That the portion of this conditional use permit allowing the retail sale of beer and wine for both on-
premises and off-premises consumption (authorized by Code Sections 18.44.050.010 and
18.44.050.193) shall expire one (1) year from the date of this resolution on July 1, 2003.
2. That the hours of operation shall be limited to the following:
Monday through Saturday: 8:30 a.m. to 8 p.m.
Sunday: 9 a.m. to 5:30 p.m.
3. That the sale of alcoholic beverages shall be permitted only between the hours of 9 a.m. to 8 p.m.,
daily.
4. That the gross sale of alcoholic beverages shall not exceed the gross sales of all retail items during
any twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of alcohofic beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
5. That beer shall not be sold for off-premises consumption in packages containing less than a six (6)
pack; and that wine coolers shall not be sold for off-premises consumption in packages containing
less than a four (4) pack.
6. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that any such advertising shall not be audible (inside or outside the
building); and that any indoor advertising shall not be visible to anyone outside the building.
That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
any public entrance to the building.
That no alcoholic beverage containers shall be permitted outside the enclosed restaurant
(delicatessen) area.
9. That there shall be no bar or lounge maintained on the property unless licensed by the Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
10. That the areas of alcoholic beverages dispiay shall not exceed twenry five percent (25%) of the total
display areas in the convenience market.
11. That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
12. That full and complete meals must be served whenever the privileges of the ABC license are being
exercised.
13. That no amplified music shall be allowed on the premises at any time.
14. That no dancing shall be allowed on the premises at any time.
15. That there shall be no live entertainment of any type, including but not limited to live music, disc
jockey, karaoke, topless entertainment, male or female performers, or fashion shows.
16. That no person under twenty one (21) years of age shall be permitted to sell alcoholic beverages.
17. That no exterior vending machines (that is, vending machines located outside the building) shall be
permitted.
18. Thaf no video, electronic or other amusement devices or games shall be permitted on the premises.
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19. That no pool tables or coin-operated games shall be maintained upon the premises at any time.
20. That roof-mounted balloons or other inflated devices shall not be permitted.
21. That shopping carts shall be stored inside the building and there shall be no outdoor storage or
stacking of shopping carts.
22. That no window signage shall be permitted.
23. That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of 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 adjacent properties. A plan showing the said outdoor lighting shall be
submitted to the Community Services Division of the Police Department for review and approval.
24. That lighting in the parking area of the premises shall be directed, positioned and shielded in such a
manner as not to unreasonably illuminate the window area of nearby residents. Said information
shall be specifically shown on the plans submitted for building permits.
25. That there shall be no public telephones maintained on the property which are located outside the
building and within the control of the applicant.
26. (a) That plans shall be submitted to the City Traffic and Transpo-tation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan
Nos. 436 and 6_Q2 pertaining to_parking. standards_and dr-iveway locatio~s: Sub}ect proper-ty -
shall thereupon be developed and maintained in conformance with said plans.
(b) That, if determined to be feasible by the Traffic and Transportation Section of the Public Works
Department, the property owner shall submit plans redesigning the driveway to the subject
property to a width of twenty five (25) feet. Said plans shall show and consider all applicable
property lines and easements. Said driveway improvements shall then be constructed in
accordance with the approved plans.
27. That if required to provide electrical service to the property, the property owner/developer shall
provide the City of Anaheim with a public utilities easement to be determined as electrical design is
completed.
28. That final landscaping plan(s) shall be submitted to the Zoning Division for review and approval.
Said plan(s) shall specify the plant types, size, quantity and location. All trees shall be minimum
twen#y four inch (24") box sized.
29. Thai the property shail be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of "graffiti" within twenty
four (24) hours from time of occurrence.
30. That al1 fixtures, displays, merchandise and other materials shall be set back a minimum of three (3)
feet from all window areas. Said information shall be specifically shown on plans submitted for
building permits.
31. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, approval.
32. That on-premises tables or seating areas for the consumption of food shall be limited to fifteen (15)
seats.
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33. 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, 2, 3, 4 and 5, and as conditioned herein.
34. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 23, 24, 26(a), 26(b), 27, 28, 30, 31 and 37,
herein-mentioned, shall be complied with.
35. Prior to final building and zoning inspections, Condition Nos. 25, 26(b), 33 and 37, herein-mentioned,
shall be complied with.
36. 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.
37. That sign plan(s) to notify patrons of the rear parking area shall be submitted to the Zoning Division
for review and approval. Following approval, said sign(s) shall be installed.
38. That, if determined to be feasible by the Traffic and Transportation Manager, the property owner
shall submit plans to the Traffic and Transportation Manager redesigning the driveway to the subject
property to a width of finrenty five (25) feet. Said plans shall show and consider all applicable
property lines and easements. Said driveway improvements shall then be constructed in
accordance with the approved plans.
BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly
imposed upon the granting of the parking waiver by the Planning Commission or City Council, the
granting of such waiver shall be deemed contingent upon operation of the approved use in conformance
with the assumptions relating to the operation and intensity of the use as contained in the parking
demand study that formed the basis for approval of the parking waiver. Exceeding, violating, intensifying
or otherwise deviating from any of said assumptions as contained in the parking demand study shall be
deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to
termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resoiution 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, shal! be deemed nul! and void.
THE FOREGOiiVG RESOLUTiON was adopted at the Pianning Commission meeting of
July 1, 2002.
rC~c~G'2iL«.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSiON
ATTEST:
~
'SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, 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 July 1, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this l~ ~ day of
, 2002.
~ ~~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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