Resolution-PC 97-25~ ~
RESOLUTION NO. PC97-25
A RESOLUTION OF THE ANAFIEfM CITY PL4NNING COMMISSION
THAT ~ETITION FOR CONDITIONAL USE PERMIT NO. 3916 BE GRANTED
WHEfiEAS, the Anaheim Ciry Plann(ng Commission did receive a verifled Petition for
Conditional Use Permit for certain real property sftuated fn the City of Anaheim, County of Orange, State
of California, described as:
LOT 1 AND THE WEST HAL.F OF LOT 2 OF TRACT NO. 162, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFOHNIA, AS PER iu1AP
THE OF~FICE OF THE COUBNTY RECORDER OP SAID COUt~~TI(EOUS MAPS, IN
DCCEPTING THEREFHONi; THAT PORTION OF SAID LOT 1 TRACT 162
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, SAID NORTliWEST
CORNER BEING THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT
OF WAY UNE OF BALL ROAD, 60 FEET WIDE, WITH THE EASTERL.Y RiGHT OF
WAY UNE OF BROOKHURST STREET, 60 FEET WIDE, AS SHOWN ON THE MAP
OF SAID TRACT; THENCE NORTH 89 DEGREES 59' 44' EAST ALONG THE
SOUTHERLY UNE OF BALL ROAD, A DISTANCE OF 180.00 FEET; THENCE
SOUTH 0 DEGREES 27' 00' WEST PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 1, A DISTANCE OF 173.00 FEET; THENCE NORTH 89 ~EGREES 69'
q4' WEST P,ARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
180.00 FEET TO A POINT ON THE WESTERLY UNE OF SAID LOT 1; THENCE
ALO~lG THE SOUTHERLY LINE OF BALL ROAD, A DISTANCE OF 180.00 FEET;
THENCE SOUTH 0 D~GREES 27' 00' WEST PARALLEL WITH THE WESTERLY
LINE OF SAiD LOT 1 A DISTANCE OF 173.00 FEET; THENCE
WHEREAS, the Cfry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 3, 1997 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance wfth the provisions of the Anaheim Municipal Code~ ChaPter 18.Q3,
t~ hear and corsider evidence for and against said proposed conditional use pem~ft arxl to investigate and
make findings and recommendations in connection therewith; and that said public hearing was contfnued
to the March 17, 1997 Planning Commission meeting; and
WHEREAS, sakl Commission, after due inspectlon, Irnestigation and study made by ftself
and in fts behalf, and after due consideration of all evidence arxl reports offered at said hearing, does fEnd
and determine the following facts:
1. 7hat the proposed use is pro~erly ane for which a condftional use permft is authorized by
Anaheim Municipal Code Section 18.44.050.195 to pem-ft a 3,785 sq.ft. convenience market.
2. That the proposed use is prope~ty one for which a conditional use permit is authorized by
the Zoning Code;
-1- PC97-25
CR2848DM
+~ ~
3, That the proposed use will not adversely affect the adJoin(ng land uses and the growth and
development of the area in which it Is proposed to be ~ocated because a ccrnenience market is
compatible with the surrounding land uses; that the maricet witl provkle a variety oF food items in a
Iocation that ts accessible and beneficial to nearby resi~~~~ntial neighbofioods; and that ~ico~ ~dic: hev2'::iye
sales are not included in this request;
4. That the size and shape of the sft~ for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimentai to the particular area nur to the peace,
health, safery and general welfare;
5, That the trafflc generated by the propased use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because a convenience market
(replacfng a Iiquor store which previously occupted this unit) to the commercial retail center will create
negifgible traffic impact in the area; and that the center was designed to accommodate a variety of retall
uses;
g, That the granting of the condkional use permit~ under the coredftions imposed, w(II not be
detrimsntal to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim;
7. 7hat no ona indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposftion to the subJect petftion.
,~ALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning
Commission has reviewed the proF.osa~ to Permft a 3~785 square-foot cornenience market on an inegularly-
shaped property located south and east of the soulheast comer of Brookhurst Street and Ball Road with
frontages of 130 feet on the south side of Ball Road and 276 feet on y e~o e~ e N B atNehDedaration
and further described as 1200 South Brookhurst Street; and does hereb app e9
upon findfng that the declaration reflects the independent Jud9ement of the lead agency and that it has
considered the NegatNe DeciaraUon together with any comments receNed during tha public review
substantfal evidence that he proJect~will have ai signiflcant eff t on he environment ~ that there is no
NOW, THEREFORE, BE (T RESOLVED that the Anaheim Ciry Planning Commission does
hereby grant subject Petition for Conditional Use Permft, upon the fdlowing conditions which are hereby
safety and gene i welfa er of theiSCitizens of he~City of Anahe mubj~ pr~~~ in order to preserve the
1. That the business hours of the convenience market shall be Ilmited to 8 a.m. to 9 p.m., as stipulated
to, by the petftioner.
2. That one (1) wall sign, not to exceed ten percent (10%) of the buitding wall, shall be permitted on
shall also be permittedhBA~luo't~he9 exfsting s g s shall be removed f~ro ~thegwalls of thise om ercia.l
unit
3. That the €reestanding sign adjacent to Ball Road shall be modffied tc remove the upper portion of
the sfgn (currenJy stating 'UQUOR') the tw~ existing lower sign cans shatl be permitted~ a~ the
changeable copy signage sha~~ not be Permmed• Final signs plans shall be submitted to the Zoning
Division of the Pianning Departmerst for review and approval by the Planning Commission as a
"Reports and Recommendations' item.
_2_ PC97-25
~ ~
4. That the existing landscape pianter areas along Ball Road shail be refurbished, permanenUy irrigated,
and replanted wfth additional shnibs fncluding at least two (2), minimum fifteen (15) gadlon sized, trees
and groundcove~, to the satisfaction of tho Planning DepartmeM.
5. That ~o food which fs cooked, heated, reheated, ~ S~~ ~et~ °~heim~Municipal Code}
Sectlon 18.01.040 'Cornenience Market, Take-Out, ~~ ~ a~,~a~nce
shail be permittod wlthout the business owner flrst requesting and obtaining app
for waNer of minimum number of parking spaces.
6. That there shall be no sale of alcoholic beverages on the subJect premtses.
7. That there shail be no public telephones maintained on the properry, which telephone is located
outside the bullding and wfthin contrd of the applicar~t.
8. That there shall be no coin-operated 9ames ma~~a~ned upon the premfses.
9. That the property c~nmer shall submit a letter requesting termination of Var(ance t~o. 1288 (permittin9
operation of a dance studio) to the Zonir~g DNision.
10. That the existing newspaper racks shall be removed from the ftont of the proposed market
~ 1 Sald aalley shal beu outinely I nspected I nd cleaned bYrthe poper.y ohwne ro~'his/heh authorized
representative.
12. Thaf there shall be no outdoor display of inerchandtse•
13. That no window signs shall be permitted at any time in order that unobstructed visibili4y to the store
interior f~om the outside fs possibie at all times, as recommended by the Pdice QspanmeM.
14. That the legal properry owner shall submft a~~f~nta~ ~~ment andr profde adequate fl~e ~wa!
Office, to provide a reciproca~ access and pa 9 9
protection in the buitding at the property ~ine if eicher of the properties are sold t~ separa!e uwti~rs
in the future.
15. That trash stoiage areas shail be provided and mainta[ned in a location acceptable to the Public
Works Department, Straats and Sanitation Division, and ln accordance with approved plans on file
with said Department Such i~om~ation shall be spec~ically shown on the plans submitted for
building peRnits•
16 ohthe Public WorksrDelpartrr~erd~ S~ eets a d Sanitation Divislop forreview a~nd pprov~submitted
17. That an on-sfte trash truck tum-around area shall be provided and mair~tained to the satisfaction of
the Public Works Department, Streets and Santtatio~ qNision. Saki tum-around area shall be
specifically shown on plans submitteci for bu(Iding permils.
18. That signage for the subJect market shall be Umfted to the signs approvec by the ?Is~,nning
Commissfon and shown, in part, on extiibfts submitted by the petriioner. Any addftional signage shall
be subJect to approval by the Planning Commissbn as a'Fceports and Recommendations' ftem.
19. concealyexterior~ storage of he eart along the west ei fevaUo~ a~reening wall is constructed to
~- PC97-25
.a~ ~
20. That subject properry shall be developed substantially in accordance with plans and spocffications
submitted to the Cfty of Anaheim by the pet(tioner and which plans are on file wfth the Plannfng
D2partment marked F~chibit Nos. t through 6; provided, however, that signage shafl comply wfth
Condition Nos. 2, 3 and i8, herein.
21. That prior to commencement of the accivity au[hasized by th(s resolution, or prior to issuance of a
building permit, or within a period of one (1) year f~om the date of this resolution, whichever occurs
flrst, Condition Nos. 9, 14, 15, 16 and 17, above-meMioned, shall be complied with. Extensfons for
further time to complete sakJ condftions may bo 9ranted In accordance with Section 18.03.090 of the
Anaheim Munictpal Code.
22. That prior to commencbment of the aciiviry authorized by this resotution or prior to flnal building and
zoning inspections, whichever occurs flrst, Condftion Nos. 2, 3, 4, 7, 10, 11, 19 and 20,
above-mentioned, shsll be complied wfth.
23. That approvai of this application constftutes approval of the proposed requast only to the extent that
it complies wfth the Anaheim MuniclQal Zoning Code and any other applicable City, State and Federal
regulations. Rpproval does not indude any actfon or flndings as to compliance or approvai of the
request regarding any other a~iplicabie ordinance, regulalion or requirement.
BE IT FURTHER RESOLVED that the Anaheim Cfry Planning Commission does hereby flnd
and determine that adoption of this Resolution Is expressly predicated upon applicanYs comrt thereof,~be
each and all of the condftions hereinabove set forth. Should any such condition, or any pa
deciared invalid or unenforceable by the flnal judgment of any court of competent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOAEGOING RESOLUTION was adopted at the Pla ing Commission meeting of
March 17, 1997.
CHAIRPERSON ANAHEIM ITY PLANNING COMMISSION
ATTEST:
SECRETAR~ NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ~ ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secreiary of the Anaheim Ciry Planning Commission, do hereby certffy
that the foregoing resdutinn was passed and adopted at a meeting of the Anaheim Cicy Planning
Comm(ssion held on Niarch 17, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE
NOES: COMMISSIONERS: NOPJE
ABSENT: COMMISSIONERS: MAYER, PERP~7A ~
IN WITNESS WHEREOF, I have hereunto set my hand lhis 1" f day of -(,~.
1997. r `
f
SECRET Y, ANAHEIM CITY PLANNING COMMISSION
~ PC97-25