Resolution-PC 2005-34• •
RESOLUTION NO. PC2005-34
A RESOLUTION OF THEANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04957 BE GRANTED
(3020 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim 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:
THAT' THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM,
COUNTY ,OF ORANGE, 'STATE -OF CALIFORNIA AS SHOWN ON A MAP RECORDED W
BOOK' 51; PAGE 11 OF MISCELLANEOUS MAPS, IN- THE OFFICE OF THE COUNTY
RECQRDER OF SAID COUNTY LYING NORTHERLY AND NORTHEASTERL:Y OF THE
FOLLOWING DESCRIBED LINE: '
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF '
PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27, 1951 AS `
DOCUMENT N0. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF
THE' REGISTRAR OF LAND TITLES OF SAID;ORANGE COUNTY, CALIFORNIA AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN PARCELS 1 AND 3 OF SAID '
DEED TO THE STATE OF CAL.IFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 7, 2005, at 2:00 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. That the proposed convenience market with accessory retail sales of beer and wine for off-
premises consumption is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section 18.08.030.040.0402; and
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the sale of beer and wine is ancillary
to the overall product mix provided by the convenience market. Moreover, the operator adheres to strict
employee training policies and therefore, the accessory sale of beer and wine, as proposed and approved, .
will not have a negative impact on the surrounding area;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the health and
safety as the proposed convenience market would comply with all provisions of the Zoning Code and would
not require any waivers for development; and
4. 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; and
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5. That 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 because the sale of beer and wine
is ancillary to the overall produce mix provided by the convenience markeYand the property is located at the
intersection of two major arterials within the Cityand has no direct vehicle or pedestrian access to the
adjacent mobile home park or any residential area; and
6. That a person representing West Anaheim Neighborhood Development (WAND) spoke in
support butrelayed some concerns regarding the subject request; and that no correspondence was received
in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: ,That the Anaheim Planning ,
Commission has reviewed the proposal to establish a convenience market with the retail sales of beer and
wine for off-premises consumption in conjunction with a commercial retail center; and does hereby approve
the Negative Declaration upon finding that the declaration reflects the independent'judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during the
public review process and further finding on the basis of the initial `study and any comments received thaf
there is no substantial evidence that the project will have a significant effect on the environment.
' NOW, THEREFORE, BE IT RESOLVED that #he Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby '
found to be a necessary prerequisi#e to the proposed use of the subject property in order to preserve the >
health and safety of the Citizens of the City of Anaheim:
1. That the sales of beer and wine for off-premises consumption portion of this permit shall expire two (2)
years from the date of this resolution on March ;7, 2007.
2. That 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. lnterior displays of
alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
3. That there shall be no display of beer and wine located outside of the building or within five (5) feet of
any public entrance to the building.
4. That the area of beer and wine displays shall not exceed 25% of the total display area in the building.
Said information shall be specifically shown on plans submitted for building permits.
5. That the sale of beer and wine shall be made to customers only when the customer is in the building.
6. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that
wine coolers shall not be sold in packages containing less than a four (4) pack.
7. That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around the premises. :
8. That the parking lot serving 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. Additional lighting shall be installed on the west side of the building and shall be submitted
to the Police Department Community Services Division for review and approval and shall be specifically
shown on plans submitted for building permits.
9. That there shall be no amusement machines, video game devices, or pool tables maintained within or
under control'of the convenience market operator at any time.
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10. That there shall be no public telephones on the property that areJocated outside the building and within
the control of the applicant.
11. That the gross sales of beer and wine shall not exceed 35% 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 ofher items. These records shall be made available for inspection by any
City of Anaheim official when requested.
12. That the property shall be 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.
13. That there shall be no beer or wine consumed on the premises.
14. That no wine shall be sold in bottles or containers smaller than 750 mL '
15. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer or wine unless
a supervisor twenty-one (21) years or older is on site. '
16. That four (4) foot high rooftop address numbers shall be painted'on the roof in a contrasting color to #he
rooftop'material and shall not visible from ground `Ievel: Said information shall be specifically shown on
plans submitted for building permits, `
17. That all exterior doors shall have their own light source, which shatl adequately illuminate door areas at
all hours to make clearly visible the presence of any person on or about the premises and provide
' adequate illumination for persons exiting the building. Said information shall be specifically shown on
plans submitted for building permits.
18. That the applicant shaU complete and file an Emergency Listing Card, Form APD-281, with the Police
Department.
19. That final elevation and sign plans for this unit shall be submitted to the Planning Services Division for
review and approval. Any decision by City staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
20. That final landscape plans shall be submitted to the Planning Services Division for review and approval
for the additional planters on the north and west elevations (facing Lincoln Avenue) of the building. The
north elevation may consist of potted plants or other acceptable solution agreed upon by the applicant
and the Planning Services Division. Any decision made by staff regarding said final landscape plans
may be appealed to the Planning Commission as a`Reports and Recommendations" item. -
21. That the trash and storage areas shall be refurbished (including painting the gates) to comply with
approved plans on file with the Public Works Department, Streets and Sanitation Division.
22. That all trash generated from this market shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be a
frequent as necessary to ensure the sanitary handling and timely removed of refuse from the property.
The Code Enforcement Division of the Planning Department shall determine the need for additional bins
or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for
by the business owner.
23. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted'outside the
building.
24. That the applicant shall institute an employee training program and continually train employees as
appropriate to ensure responsible sales of beer and wine to the public and to prevent illegal sales to
minors. Said program shall be subject to review and approval by the Anaheim Police Department. :
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25. That subject property ,shall be developed substantially ; in accordance with plans and specifications
submitted to the City; of Anaheim by the petitioner and which pians are `on file with the Planning
Department marked Exhibits Nos. 1:through 5, and as conditioned herein.
26. That the property owner shall submit a letter requesting termination of Conditional Use Permit 2002-
04645 (to permit and retain a computer rental and internet amusement' (arcade) business) and
Conditional Use Permit No. 3650 (to permit the installation of automotive accessories in conjunction with
a proposed retail establishment) to the Zoning Division.
27. That the applicant shall submit a security plan to the Police Department, Community Services Division
for review and approvaL Said plan shall propose additional security measures to the satisfaction of the
Police Department.
28. That prior issuance to a building permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first,: Condition Nos. 4, 8, 16, '17, 19, 20, 26 and 27, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.60;170 of the Anaheim Municipal Code.
29. That prior to final building and zoning inspections, Condifion No: 18, 21, 24 and 25,' above-mentioned,
shall be complied with. '
30. That approVal of this application constitutes approval of the proposed request only to the extent that is
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 Anaheim Ptanning Commission does hereby find'and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 7 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
March 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of `
the Anaheim Municipal Code pertaining to appeal procedures and may be rep ed by a ity cil
Resolution in the event of an appeaL
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
• s
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
l, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify ;
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EAS7MAN, FLORES; PEREZ, ROMERO,' VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE <
VACANT: COMMISSIONERS: ONE VACANCY '
iN WITNESS WHEREOF, I have hereunto set my hand this ~hd day of
, 2005.
~,,~~ .~~ 1~~5/LC'°
` 'SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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