Resolution-PC 96-654
RESOLUTION NO. PC9S-~
RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NOS. PC88-240 AND PC91-22,
~DOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3055 BE GRANTED
WHEREAS, on August 29, 1988 tho Plannfng Comm(ssfon adopted Resdution No. PC98-
240, approving Condftionai Use Permit No. 3055 tn oennft a 1,446 sq.ft. cornenience market with v-~aivdr
of minimum number of parktng spaces; and that on Febrc:sry 11, 9991 Commtssion adopted Resdution
~lo, pC91-22 approving revised plans (Revision No. 1 of Exhfbft Nos. 1 and 2) for a 1,772 sq.ft.
convenience market with waNer of mfnimum number of parking spaces (114 required, 112 existing); and
that said resdtrtion induded the fdiowing condition:
That subjact property shall be developed substantially in accordance with
plans and specificatbn on file with the City of Anaheim marked Revision
No. 1 of Exhibit Nos. 1 and 2, provided, however, that no take-out food
service shall be provided induding that no microwave oven shall be
installed or other rypes of heating devises shall be used for heating
prepared foods.
WHcREAS, on Jun3 3, 1991, Cammission adopted Resdution No. PC91-80 to darHy the
definition of 'take-out food service' and determine that 'the use of soft dri~k dispensing and coffee
machines or coffee pots shall n~t be included in the deflnition of "take-out, food service.'
WHEREAS, the petitioner has submitted a letter dated R4ay 13,1 y96 proposing to add take-
out food service to the existing 1,772 square fooi cornenience market facNfty• and that the petitioner
indicates food ~es will consist primarily of hot and cdd beverages, hot dogs and packaged snacks; and
that a floor plan (Reviston No. 2 nf Exhibft No. 2) was ~ abmitted showing the proposed take-out food
service area along the wall area at the southeast comer of the store.
WHEREAS, subject property is cuRently deveioped with a 10-unft,19,549 sq.ft. commercfal
retail ceMer on property zoned CG (Commerciai, General) since 1950.
WHEREAS, the Ciry Planning Commfssbn dkJ hdd a publ(c hearing at the CN(c Ce~ter
in the City of Anaheim on July 8, 1996 at 1:30 p.m., notice of said public hea~ing having been duly gNen
as required by law arx! in accordance wfth the provtsions of the Anahelm Municipal Code, ChaPter 18.03,
to hear and consider evidence f~ and against said proposed corxiftional use permit and to irnestigate and
make flndings and recominendations In connection therowith; and
V`lHEREAS, said Commiss(on, after due inspeccion, imrestigation and st~xfy mad~ by itself
and in its behalf, and after due consfderation of alt evidence and reports offered at said hearing, does flnd
and determine the fdlowing facts:
1. That the proposed use, as amended, is properly one for :~hich a conditfona{ use ~eRnft
is authorized by Anaheim Municipal Code Section 18.45.050.195 to permR fast food-sales in a previously
approved convenience market wRh waNer of the fdlowing:
~grtions ~8.06.050.022 - Minimum number of oarkina soace~.
18.06.050.0225 11 required; 11 existing and concurred wfth by the
18.06.050.0231 Trafflc and Transportation Manager)
18.06.050.023d
18,06.080
and 18 45 066.050
CR2691 DM.WP -1- PG96~65
r.
~
2. That adding fast food-sales to the previously approved cornenience market has a minimal
impact on the requlred number of parking spaces, resulting in only seven (fMe percent) fewer partcing
spaces than required for the proposed combinaUon of businesses on subJect properry; ai~d that the Cfry
Traffic and Transportation Manager has determined the pa~lci~9 ~PP~Y ~ adequate for the combined uses
within the commercial reta8 center,
3, That the parkin9 waNer, under the condiNons imposed, wi11 not cause fewer off-street
parking spaces to be provkied for the conditlonally p~rmitted use than the number of such spaces
necessary to accommodate ail vehides att~ibutable to the such use under the nomial and reasonably
foreseeable condftions of oper~tion of such use;
4. That the park~r-9 waiver, under the condiUons imposed, will not incrsaso the demand and
competition for parktng spaces upon the pub;ic streets U the immediate vicinity of the proposed use;
5. That the parking waNer, ~nder the cor~ftions ImPosed~ Wui not increase the demand a~d
competftlon for parlcing spaces ~Pun adjaceM prNate ProPeKY in the Immediate vicinfry of the proposecl
use (wh~h property is not exPressly prov(ded ~s Park~ng for such use urxler an agreement in compliance
wRh Section 18.06.010.020 of this Code);
g. That the parking walver, under the condkbns imposed, will not increase traffic congestion
within the off-street park~ng areas or lots providad for such use;
7. That the parkfn9 `nraNer, under the condRions imposed, wili not impecie vehicular tngress
to or egress ftom adjacent propenies upon the pubiic streets (n the immedfate viciniry of the proposed
use;
8. That the proposed use, as amended, will ncyt adversely affect the adJoining iarxl uses and
the gror irth and development of the area in whkh ft is proposed to be located;
9. That the sfze and shape of the site for the proposed use Is adequate to a~~oW the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general weifare;
10. That the traiflc generated by the proposed traffic' in the ar~se an undue burdon upon the
streets and highways deslgned and improved to carry
11. That the grantir:~ of the corx"Rional use permft, under the condftions imposed, wN~ not be
detrimental to the peace, health, safety and general welfare of the cit~zens of the Ciry of Anaheim; and
~2, That no one ind~ateti their presence at said puWic hearing in opposition; and that no
correspcmdence was receNed in oppositton to the subject petkion.
GAUFORNlA ENVIRONMEM'AL f~UAUTY ACT FlNDING: That the Anaheim Ciry P~ann(ng
Commisslon has reviewed the proposal to pem~R se~es d tasc food wkhin a previously apPro~ed
cornenience mar9cet with wawer of minimum n~mber of parici:~g spaces on a rectar~gula~ly-shaPed Parcel
m ~and consistfng of spp~ox(mately 1.7 acres, havtn~ a froMage of approxlmately 372 feet on the nath
skle d Chapman Avenue, havfn9 a maximum depth d appro~mately 20U feet, being located approximately
290 feet east o6 the centerllne d Harbor Bou~avard arxl further described a~ 511 We~ Cliapman Avenue;
and does hereby approve the NegatNe Dedaration upon flnding tF~t the dedaration reflects the
~~dependBM judgemeM of the lead agency and that k has considered the NegatNe Dedarat(on together
with any commerrts received during the pubUc review process and further flnding on the bas~s of the fnitiai
study and any comments ~eceived that there (s no suisstaMfai evidence that th~s proJect will have a
signif{c~arn etfect o~ the ernironmer~.
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NOW THEREFORE BE IT HESOLVED that the Anahelm Ciry Planning Commission does
hereby amend Resolution No. PC88-240~ adopted in connection wfth CondRional Use Permft No. 3070, and
as amended by Rssdution No. PC97-22, as follows:
~a~ qmend That Condition No. 7 to read:
~7. That subject properry shail be developed in accordance wnh plans a~d SP~~~uons ~n fAe with
the City ofi Anaheim maiiced Revision No. 1 of Exhibit No. 1 and Revfsfon No. 2 of Exhibit No.
2; providerl, howeaer, that soft drink, dispensers, coffee Pots a~d heating equipment for the
storeg s shown~on submfttedlrmevised Pian (Revi'slon No.~~2 of Exhib N~ least portbn of the
(b) Add new Corxlftion No. 11, to read:
•11. That no customer seating shail be provided in the take-ouc food servica area.'
BE IT FURTHER RESGU/ED that the Anaheim City Plannfng Commission doas hereby flnd
and determine that adoptton of this Resolution is expressly predicated upon applicant's comrt therceof, be
each and al! of the conditions hereinabove set forth. Shouid any such condition, or any pa
dedared irnalid or unenf~s he eln~cordanined~ shall be deemed nul a~ vQ~teM Jurtsdiction, then this
Resolution, and any aPP
THE FOREGOING RESOLUTION was adoPt ~d at the Planning Commission meeUng of
July 8, 1996. //' /~~ ~ ~
~b~
CHAIRM/W, PRO TEM RE
ANAHEIM CITY PLANNING COMMISSION
ATTEST: C}y.{-UI`-`,°
SECRETARY~ EIM GTY PLANi~ING COMMISG!ON
STATE OF C~ILIFORNIA )
CAUNTY OF ORANG~ ) ss•
CITY OF ANAHEIM )
I, Margarica Solorio, Secretary of the Anaheim City Planning Commission, do hereby ceitify
Commissioneheld on J uy 8, 1996S by th edlawing vote oft he emtbe~s thereof:~helm City Planning
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITN[SS WHEREOF, I have hereunto set my hand thts ~~~Y ~~..----'
U U
1996• ~
SECRETAFtY EIM CITY PLANNING COMMISSION
~3-
PC96~65