Resolution-PC 97-57~ ~
RcSOL~ ION NO ?C~7_-57
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
1'HAi P'ETI7tON FOR CONDITIONAL USE PERMIT N0. 3929 BE GRANTED, IN PART
WHERE4S, the Anaheim Ciry Planring Commission did receive a verifled Petfilon for
Can~iftional Us~ Permit ~929 for certain real property situated in the City of Anaheirn, County of Orange,
St2#e o~f Caltfomia, descrit~ed as:
THE EAST 141.30 FEEf OF LOT 1 OF 7RACT NO. 5090, IN THE
CITY OF A~tAHEIM, COUNTY OF ORANGE, STATE OF
CAUFORNIA, A~ PER MAP RECORDED IN BOOK 188, PAGE(S)
9 AN~ 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COIINTY RECOADER OF SAID COUNTY.
WHE~IEA°, the City Planning Commission did hold a publlc hea~ing at the CVvic Center
in the Ciry of Anahaim on May 12, 1~97 at 1:30 ~.m., notice of said public hea~ing having been duly given
as rc~qu(red bv !aw and in accordanco wfth the pravision~ ot the Anaheim Municipal Code, Chapter 18.03,
tc~ hear arad consi~er evidence for and again~t said propn~ecF corxittional use permft and to irnestigate and
make findings r~nd recommendations (n connection thareve~h; and
WhtcREAS, said Commission, after due inspection, irnestigation and st~~dy made by itself
arad In its behalf, and after due consideration of ail evklance and reports offered at ~aid hearing, does 8nd
and determine the follou~fng facts:
1. That the proposed ~se is properiy one for which a condit(onai use permft (s authorized by
Anah~im Municipal Cade Sections 16.44.050.193 and 18.d4.050.195 to permR a 2,400 sq.ft. cornenience
market with(n an ex(sting comm~ercisl ret2.il center wfth sale of alcohdic beverages for off-premisP.s
consumptlon.
2. That the proposed Use is approved, fn part, approving a convenience market only and
denying the proposed sale of alcohdic beverages far off-premises consumption;
3. That the proposed retail sale of alcoholic beverages is denied based on testimony given
during the publfc hearing and the Staff Ro.port to the Planning Commission dated May 12, 1997, which
stated that an additional Alcohd(c B~ver~ge Contrd (ABC) liquor license in the undertying r~eporting
District 1716 would create an undue over-concentration of Ifcenses in thls area (4 permitted, 5lssued), that
an existing convenience market with reta!f sale of beer and wine is located immediately adjacent to this
property to the west, and that 11 business with ABC Iicense are located within walking dlstance of subJect
property;
4. That the proposed convenience market is compat(ble wfth the nearby commercial and
resldential land uses;
5. That the proposed use, as approved, will not adversely affect the adJoining land uses and
the grpwth ar~d development oi the area in which ft is proposed to be located;
6. That the size and shape o! the sfte for the proposed use, as approved, is 3dequate to
allow the fuil development of the proposed use in a manner not detrirr~ental to the particular are~ nor to
tttie peace, health, safety and general welfare;
CR~908PLWP -1- PC97-57
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7. That the traffic generated by the p!opose~i u;~8, as aFproved, wltl not impose an undue
burden vpon the streets and highwa~s designed and (mpra~~ec; ta carry the traffic in the area because the
unde~tying property provides adequaie ingress!egress .from r~ublic streets and adequate on-site vehicular
cfrculation and parking for customers patronizing the ~cr~~~tred uses in the commercial center, and tt~at
ihe proposed cornenience market wiil have a negligil;7e<fim~ ict to traffic in the area;
8. That the granting of the corxiition~l use pQrmi', under the conditions (mposed, will not be
detr(merrtal to the aeace, heaith, safety a.~d generai w~iNa~re ot' the cft~Zens of ihe Ciry of Anaheim; and
9. That one person Indlcated hiu presvnce at said public hearing fn opposition; and that no
carrespondance ur,as receNed tn opposftiur~ to ~he subJect petitfcn.
~i~LIFORNIA ENVIRONM1rt~`Ai. CIUALITY ACT FINDING: That the Anahelm City Planning
Commission has reviewed the proposa~ 4c~ pe~nft a 2,400 sq.ft. convenience market wfthin an existing
commerc'ial retail renter with safe of a1co~-~Itc beverages for off-premises consumption on a 0.98 acre
rectanguiarly-shaped p~o}~erry haWirsg a f.*ontage of 141 feet on ihe soWh side of Llncoln Avenue, a
maximum depth ~of 275 feei, End i~ei7g ta~,ated 200 feet east of the centerlfne of Laxore Street (2930 West
Lincdn Avenue #i, Clieers Market); and dces hereby approve the Negative Declaration upon finding that
the declaration reftects tho !ndependent judyement of the lead agency and that ft has considered the
NegativF• Declaration togc~ther wfth any comments received during the pubHc review process and further
findtng on the basis oi the ir~i~,lal sC~tJy arxi any comments receNed that there is no substantial evidence
that the proJect wiil have a sign~icant effect on the environment.
NOVN, THEREFORE, BE IT HESOWED that the Anaheim City Plr.nning Commisslon does
her~by grant sub;::ct Retitlon for Conditional Use Permft, in part, upon the fdlovufng conditions which are
hereby found to be a necessary prerequfsite to the propased use of the subject property in order to
preserve the safery and general welfare of the Cft(zens of the Ciry af Anaheim:
1. That there shall be ro publ(c telephones maintaine~i on the property, which telephones are located
uutside the bufld(ng and wfthin contrd of the ap~iicant.
2: That the existing twenty eight (28) foot high pole slgn shali be removed within ninety (90) days of the
date of this resolutfon. Any additional signage shall be lirnfted to those signs submitted to and
approved by the Plannir.g Commission as a'Fieports and Recommendations" item. Any proposed
freestanding sign shall be a monument type not exceedfng eight (8) feet in height.
3. That a landscaping plan tor the ent(re sfte shall be submitted to the Zonfng Uivision, Planning
Department, showfng the type, size and locatlon of the proposed landscaping and irrigation.
Landscaping shall include at least two (2) tree weils adjacent to Lincdn Avenue, each planted wEth
one (1), minimum fNteen (15) gallon sized, tree. Fdlowing approval, the landscaping shall be installed
and maintained in accordance with the plan.
4. That an on-site trash truck tum-around area shall be provided and maintained to the satisfaction of
the Pu~lic ~Norks Department, Streets and Sanitation Divisian. Said tum-around area shall be
spec~cally shown on plans submitted for buildfng permks.
5, That a plan sheet For sdki waste storage and cdlection and g plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
6. That no wfndow signs stiall be permitted at any t!me, to mafntain unobstructed visibiifty into the store
interior hom the outsida.
7. That there shall be no coin-oporated games maintained upun the premises at any +_fine.
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g. Tha? retail sales nf alcohdic beverages is prohibfted.
9. TFv~t any tree or other landscap~ng planted on-site shall be replaced In e iimely man:sec ic: ti~e event
that ft fs removed, damaged, d~seased and/or dead.
10. That the business hours of the convenience market shall be lir~~fted to 6 a.m. t~ mk3nigF~t, as stated
by the petfttoner.
11. That the parking lot to the rear of the building (shown on the epproved exhibfts) shall be reMriped
to indude at least elgMeen (18) additional parking spaces for a total of forty flve (45) spaces.
12. That the legr,l propercy owner shall submft a letter to the Zoning DNision requesting tennination of
Varlance No. 843 (to construct and operate a 60-unft mote!), Variance No. 934 (to cunstruct two
freestand(ng signs for a reai estate office), and Variance No. 7561 (to waNa constrructiort of a 6-foot
high biock wall along the east boundary of the subJect property).
13. That subject property shall be developed substanttsily in accordance w:th plans and sF+ectflcations
submftted to the Cfty of Anaheim by the petRioner and whfch plans are on flIe with the Planntng
DepartmeM marked Exhibft Nas. 1 and 2, and as condtGoned hereln.
14. That prior to the commencement of the activity authorized by this resdution, or prior to flral building
and zoning inspectlons, or wfthin a period ~f one (t) year from the date of this resolutfon, whlchever
occurs flrst, Condition Nos. 1. 3, 4, 5, 11, t?. and 13, above-mentioned, shall be complied wfth.
Extensions for further time to cona~lete sa(d condKions may be granted in ac~;crdance wfth Section
18.03.090 cf the Anahelm Mun!cipal Cocie.
15. That approval of this appltcation consttiutes approval of the proposed request only to the extent that
ft complles wfth the Anaheim Munici~d Zoning Code and any other applicable Ciry, State and Federal
regulations. Approvel does not inciu~~~ any action or fiindfngs as to compBance or approval of the
request regarding any other applicable ~r:~lnance, regulatlon or requirement.
~E IT FURTHER RESOLVED that the Anaheim Ctry P~anning Comm!sslon does hereby flnd
and determine that adoption of'this Resolutlon is expre~.isly predicated upon ap~licant's compliance with
each and all oi the c~ndlUons herei~above set forth. Shou.~d any such condKlon, ar any part thereof, be
declared irr~alid or unenforceable by the final judgment af any court of campetent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESG:.UTION was adopted at the Planning Commission meeting of
May 12. 1997.
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CHAIRPE~iSON ANAHEIM ITY pLANNING COMM~SSIQN
ATTEST: . !~-
SECREP'ARY, AN HEIM CITY PLANI~ING COMMISSION
~- PC97-57
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STAT~ OF CALIFORNIA )
Cdi1NTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretary of the Anahefm City Planning Commission~ do hereby certify
that the foregotng resolta?lon was passed and adopted at a meeting of the Anahelm Ctry Plar,ning
Commission held on May S2, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BAI570L, HENNINCER, MESSE, PERAZA
NOES: COMMISSIONERS: NON~
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEHEOF, I have hereunto set my hand this ,~ day oi~,
1997.
SECR~T'ARY, f~NAHEIM CITY PLANNING CAMMISSION
v
.4 PCS7-57