Resolution-PC 98-11A RESOLUTION OF THE ANP.HEIM CIN PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3987 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditionai Use Permit for certain reai property situated in the City of Anaheim,
County of Orange, State of California, described in Attachment "A:'
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 21, 1998 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
' 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 use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.44.050.195 to retain an exisfing un-parmitted 7,624 sq.
ft. convenience market located in a 9,424 sq. ft. commercial center, ard to permit retail sales of beer and
wine for off-premises consumption, and witli waiver of the following:
Sections 18.06.050.0225 - Minimum nurnber of a~rkino soaces.
18.06.050.022 (~Z, required; ,5~ existing and recommended for approval
18.06.080 by the City Traffic and Transportation Manager)
and 18.44.066.050
2. That approval of the parking waiver is based on the analysis contained in the parking
letter submitted by the petitioner and approved by the City Traffic and Transportation INanager; and that
the waiver is minimal, amounting to less than a 9% deviation from Code;
3. That the waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributabfe to such ~~se under the normel and reasonably foreseeable conditions of operation of
such use;
4. That the waiver, under the conditions imposed, will not increase lhe demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use;
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code);
6. That the waiver, under the conditions imposed, will not increase tra~c congestion within
the off-street parking areas or lots provided for such use;
CR3165PL.DOC -1- PC98-11
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adj~cent properties upon the public streets in the immediate vicinily of the proposed use;
8. That the proposed use is properly one for which a conditioral use permit is authorized by
the Zoning Code;
9. 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 convenience market is
compatibie with nearby commerciai and residentiai land uses;
10. That the size and shape of the site for the proposed use is adequate to aliow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare;
11. 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 tra~c in the area because said traffic will have
negligible impact to existing tra~c in the area; and that the proposal provides adequate ingress/egress to
and from public streets, appropriate on-site vehicular circulation, and adequate parking for customers
patronizing the combined uses in this commercial center;
12. That granting this conditional use permit, under the conditions imposed, will not be
detrimental io the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
13. That no one i:~dicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an existing 7,624 sq. ft. convenience market
located in a 9,424 sq. ft. commercial center, and to permit retaii sales of beer and wine for off-premises
consumption, and with waiver of minimum number of parking spaces on a 0.84-acre property having a
frontage of 233 feet on the north sids of Lincoln Avenue and a maximum depth of 183 feet, and being
located 400 feet west of the centerline of Magnolia Avenue ("98 Cent Store" at 2631-2637 West Lincoln
Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgrnent 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 that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLV~D 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 safery and general welfare of the Citizens of the Cily of Anaheim:
1. That there shall be no public telephones maintained on the property, which telephones are iocated
outside the building and within control of the applicant.
2. That the existing twenty five (25) foot high pole sign shall be removed. Any proposed
freestanding sign shall be a monument type complying with Code requirements, includ(ng a
maximum height of eight (8) feet as measured from the grade of the sidevralk and a maximum
area of sixty five (65) sq. ft.; and that such sign shall be subject to the review and approval of the
City Traffir, and Transportation Manager to determine adequate lines-of-sight and by the Planning
Commission as a"Repcits and Recommendations" item.
CR3165PL.DOC -2- PC~B-11
3. That no window signs shall be permitted at any time to allow unobstructed visibility into the store
interior from outside. All existing window signs shall be removed immediately.
4. That the existing unpermitted signs attached to the posts at the front of the store shall be removed
immed(ately.
5. That a maximum of two (2) fascia signs shall be permitte~ the subject convenience market;
and that the other three (3) existing fascia signs shall be removed.
6. That plans shall be submitted to the City T:affic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans, including that the
parking lot shall be repaved and restriped in accordance with the approved submitted pians.
7. (a) That within a period of ninety (90) days from the date of this resolution, the existing three
(3) foot wide planter adjacent to Lincoln Avenue shall be expanded to a minimum width of
ten (10) feet and planted with minimum fifteen (15) gallon, broad headed trees at
maximum intervals of twenty (20) feet on-center.
(b) That a(andscaping and irrigation plan for subject property shall be submitted to the
Zoning Division for review and approval; and that any decision made by the Zoning
Division regarding said plan may be appealed to the Planning Commission and/or City
Council.
8. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased, and/or dead.
9. That the existi~g outdoor vending machine located in front of the subject store shall be moved
inside the building or removed from the premises entirely.
10. That no video, electronic, or other amusement devices shall be permitted anywhere on the subject
property.
11. Condition No. 11 was deleted by action of the P/anning Commission because this use permif was
approved in its entrrety.
12. That, as stated by the petitioner, the hours of operation of the subject business shall be limited to
the following:
Mondays through Saturdays: 8 a.m. to 9 p.m.
Sundays: 9 a.m. to 8 p.m.
13. 7tiat subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Ar:aheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
14. That no areas shall be provided for on-site consumption of food.
15. 'fhat the signs for subJect business shall be limited to that which is shown on the exhibits
submitted by the petitioner and approved by the Planning Commission, and as conditioned herein.
Any a~ditionai signs shall be subject to review and approvai by the Planning Commission as a
"Reports and Recommendations" item.
CR3165PL.DOC -3- PC98-11
16. That C•mdition Nos. 3 and ~t, a~ove-mentioned, shall be completed immed~ately.
17. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 1, 5, 6, 7(b),
9, 13, 15 and 22, herein-mentioned, shall be completed. Extensions ror further fime to complete
said conditions may bz granted in accordance with Section 18.03.~96 of the Anaheim Municipal
Code.
18. That within a period of ninety (90) days from the date of this resolutios~, Condition Nos. 2, 7(a), 19
and 22, herein-mentioned, shall be completed.
19. That the parking lot shall be resurfaced.
20. That approval of this appiication constitutes approval of the praposed request only to the extent
that it complies with the Anaheim Municipai Zoning Code and any ~ther appiicable Cify, State and
Federal regulations. Approvai does not include any action or findings as to compliance or
approval of the request regerding any other applicable ~~rdinance, regulation or requirement.
21. That no alcoholic beverages distributed from this business establishment shall be consumed on
the property.
22. That the parking lot serving the premises shall be equipped with liphting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
patking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably iiluminate the windows of nearby residences.
23. That there shall be no pool tables maintained upon the premises at any time.
24. That there shail be no coin-operated games maintained upon the nremises at any time without the
prior issuance of the proper permits as required by the Anaheim iviunicipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and alI of the conditions hereinabove set forth. Shouid any such condition, or ary 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. )
%
ry THE FOREGOING RESOLUTION was ad pt ~~ the Planr~ir~g Commission meeting of
Janua 21, 1998. ( I V ~ ,/~
`~~~~ V ~ ~ . ~.
CHAIf2M RO-TENI~'ORE,
ANAHEIM G~ITY PLANNING COMMISSION
ATTES : ,~c y~a'
~
SECRETAR's', NAHEIM CITY PLANNING COMMISSION
CR3165F'L.DOC -4- PC98-11
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEi~1 )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 21,1998, by the following vote of the mombers thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, NAPOLES, PERAZA
NOES:COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, HENNINGER, MAYER
!N WITNESS WHEREOF, I have hereunto set my hand this ~~I day of
1998.
a.ru,~a. ~s+~.a
SECRETARY NAHEIM CITY PLP.NNING COMMISSION
CR3165PL,DOC -5- PC98-11
ATTACHMENT "A"
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