Resolution-PC 98-167RESOLUTION NO. PC98-167
A RESOLl,;TION OF THE ANAHEIM CITY PIANNING COMMISSION
THAT PETITION FUR CONDITIONAL USE PERMIT NO. 4050 BE GRANTED, IN PART
WHEREAS, the Anaheim City Pianning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
af California, described as:
LOT 1 OF TRACT NO. 3886, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES 8,
9 AND 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNfA.
EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE NORTHERLY 120.00
FEET, SAID 130.00 FEET AND 120.00 FEET BEING MEASURED FROM THE TANGENT
PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF SAID
LOT 1.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheirn on Or,tober 12, 1998 at 1:30 p.m., noiice 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 that the public hearing
was continued to the meeting of October 26, 1998; and
WHEREAS, said Gommission, 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 proposai ~a oroperly one for which a conditionai use permit is authorized by
Anaheim Mimicipal Code Sections 18.44,050.010, 18.44.050.135, 18.44.050.193 and 18.44.050.195 to
establish conformity with Zoning Code lario use requirements for an existing commercial center, a 2,200
sq.ft. meat and produce market and a 2,340 sq.ft. convenience market with retail sale of alcoholic
beverages for off-premises consumption, and to permit the sale of beer and wine for on-premises
consumption in an existing 5,005 sq.ft. billiard hall, with waiver of the following:
Sections 18.06.050.022 - Minimum number of ~arkina soaces.
18.06.050.0233 153 required;
18.06.050.0235 99 existing and concurred with by the City Traffic and
18.06.050.0236 Transportation Manager)
18.06.080
and 18.44.066.050
2. That the 2,340 sq.ft. convenience market was inadvertently advertised as 2,610 sq.ft.;
and that the retail sale of alcoholic beverayes from the convenience market for off-premises consumption
was inadvertently not advertised, however, it is an existing non-conforming use which was established
prior to ihe current Zoning Code regulation regarding the retail sale of liquor.
3. That this use permit is granted, in part, denying the sale of beer and wine for on-premises
consurnption in the existing billiard hall because approval would adversely affect the surrounding area and
further strain said area, whir,h already has a high crime rate (353% above the average for the City of
Anaheim).
4. That the parking waiver, under the conditions imposed, will not cause fiewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
CR3461 PK.DOC -1- PC98-167
ali vehicles attributable to the proposa! under the normal and reasonably foreseeabie conditions of
operation of such use.
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposai.
6. That the waiver, under the conditions imposed, will not inc: the demand and
competition for parking spaces upon adjacent private property in the immed:,_,a vicinity of the proAOSaI
(which property is not expressly provided as parking for such use under an agreemznt in compliance with
Section 18.06.010.020 of the Zoning Code).
7. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposal.
8. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of tre proposal.
9. That the existing non-conforming uses tvill not adversely affect the adjoining land uses
and the growth and development of the area in which they are located. -
10. 7hat the size and shape of the site for the non-conforming uses is adequate to allow full
development 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 existing non-conforming uses will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
i 2. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental te the peace, health, safety and general welfare oF the citizens of the City of Anaheim.
13. That three people ine~icated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this pPtition.
CALIFORNIA ENVIRONMENTAL QUNUTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish conformity with the existing Zoning Code
land use requirements for an existing commerci2l center, a 2,200 sq.ft. meat and produce market and a
2,340 sq.ft. convenience market with sales of alcohoiic beverages for off-premises consumption, and to
permit the sale of beer and wine for on-premises consumption in an existing 5,005 sq.ft. billiard hall, with
waiver of minimum number of parking spaces on a irreguiarly-shaped 1.49-acre property located east and
south of the southeast corner of Westchester Drive and Lincoln Avenue, with frontages of 130 feet on the
south side of Lincoln Avenue and 190 feet on the east side of Westchester Drive (Centralia Center at
3240-3268 West Lincoln Avenue); and does hereby approve the Negative Declaration upon finding that
the declaration reFlects the independentjudgement of the lead agency and tliat it has considered the
Negative Declaration together with any comments received during the public review process and fu~ther
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 RESOLVED that the Anaheim City Pianning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, 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 safety and general welfare of the Citizens of the City of Anaheim:
COMMERCIAL CENT~R
That trees shall be planted in the existing plenter areas adjacent to Westchester Drive and Lincoln
Avenue and within the parking lot. Specific plans for the right-of-way trees shall be submitted to
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the Zoning Division (Planning Department) and the Community Development ~eparment for
review and approval. Said trees shall be planted within one (1) month from the date of plan'
approval.
2. That trees shall not be unreasonably trimmed to afford increased visibility of the facility.
3. That trash bins/barrels shall be stored out of the public's view.
4. That any existing or future public telephone(s) shall be located inside the Fuilding. Existing
exterior telephones shail either be removed or placed inside the building.
5. That any roof-mounted equipment including the existing satellite dish antenna shal! be subject to
the screening requirements of Anaheim Municipai Code Section 18.44.030.120. Such information
shall be specifically shown on the plans submitted to the Zoning Division for review and approval.
The appropriate building permit(s) shall be obtained from the Building Division and the approved
screening shall be constructed within one (1) month after issuance of the building permit(s).
6. That the owner of subject property shall be responsible for the removal of any on-site graffiti
within twenty four (24) hours of its application. -
7. That no outdoor vending machine or water machine shall be visible to any public right-of-way.
8. That all un-permitted signs on the freestanding sign, all un-permitted wall signs and all un-
permit'ed window signs shall be removed, or the appropriate permits shall be obtained from the
Building Division.
9. That any tree planted on-site shali be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
10. That all trash generated by the markets shall be properly contained in irash bins located within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shali be
as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Fnforcement Division (Planning Department) will determine the need for
additionai bins or additional pick-up. All cost for increasing the number of bins or additional
frequency of pick-up shall be paid by the business owner.
11. That all debris in the parking areas and around the building shall be removed immediately and the
property shall be maintained free of litter at all times.
11(a). That within a period of one (1) month from the date of this resoiution, final sign plans showing a
refurbished free-standing sign, including removal of any portions of the sign that no longer pertain
fo the property, shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item.
CONVENIENCE MARKET WITH RETAfL SALE OF ALCOHOLIC BEVERAGES FOR OFF-
PREMiSES CONSUMPTION
12. That no video, electronic or other amusement devices or games shall be permitted in the
convenience market.
13. That tne. sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales
of all retail sales at the com~enience market during any three (3j month period. The applicant
shall maintai~ records on a quarterly basis showing the separate amounfs of sales of alcoholic
beverages and other items. These records sheli be subject to audit, and made available, when
requested by any City of Anaheim o~cial during reasonable business hours.
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14. 'That the retail sale of alcoholic beverages (for off-premises consumption) at the convenience
market shall expire one (1) year from the date of this resolution on October 26, 1999.
15. That no advertising of alcohol shall be located, piaced or attached to any location outside the
convenience market building; and that no such advertising shall be audible to either the interlor or
exterior of the building.
16. That no alcoholic bsverages shall be consumed on the premises.
17. That the parking lot serving the convenience market premises shaA be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance and conduct of ail
persons on or about the parking lot. Said lic~hting shall be directed, positioned and shielded in
such a manner so as not to unreasonably iliuminate the window areas of adjacent properties, and
that said lighting information shali be specified on plans submitted for building permits.
18. That the applicant shail be responsible for maintaining thie premises free of litter at all t~mes.
19. That no dispiay of beer or wine shall be located outside the convenience market or within five {5)
feet of any public entrance to the convenience market.
20. That the areas of alcohol dE~;isays in the convenience market shall not exceed twenty five percent
(25°b) of the total display area in the market.
21. That the sale of alcoholic beverages shall be made to customers oniy when the customer is inside
the convenience market.
22. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic
beverages.
23. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted
outside the building.
23(a}. That retail sale of alcoholic beverages (from the convenience market) for off-premises
consumption shall be permitted only between the hours of 8:00 a.m. to 11 p.m.
23(b). That any existing or future pubiic telephone(s) shali be located inside the building. Existing
exterior telephones shall be either removed or placed inside the building.
MEAT AND PRODUCE MARKET
24. That no video, electronic or other amusement devices or games shall be permitted.
BILLPARD HAl.L WITH SALE OF BEER AND WI~~ ~OR ON-PREMISES CONSUMP710N
25. (Proposed Condition No. 25 was deleted at the Planning Commission public hearing.)
26. That window signs shall be prohibited.
27. (P~oposed Condition No. 27 was de/eted af the Planning Commission public hearing.)
28. That there shall be no live entertainment, amplified music or dancing permitted on the premises of
the billiard hall at any time without the prior issuance of proper permits as required by the
Anaheim Municipal Code.
29. That the activities occurring in conjunction with the operation of the billiard hall shall not cause
noise disturbance to surrounding properties.
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30. 'fhat all doors serving the billiard hall shali comply with the requirements of the Uniform Ffre Code
and shall be kept closed and untocked at ali times during hours of operation except for
ingress/egress, deiiveries and in cases of emergency.
31 • That the parking lot senring the billiard hall premises shali be equipped with lighting of sufficient
power to illum?nate and make easily discernible the appearance and cor.duct of ail persons on or
about the parking lot. Said lighting shall be directed, positioned and shie!ded in such a manner so
as not to unreasonably illuminate the windows of nearby residences.
32. That there shall be no pool tabies, amusement devices or games maintained inside the billiard
hall without the prior issuance of propor permits as required by tne Anaheim Municipal Code.
33. (Proposed Condition No. 33 was deleted at fhe Planning Commission public hearing.)
33(a). That any existing or future public telephone(s) shall be located inside the billiard hall building.
Existing exterior telephones shall either be removed or placed inside the buiiding,
33(b). That the retail sale of beer and wine for on-premises consumption shall be prohibited in the
billiard hall.
34. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
35. That within a period of one (1) month from the date of this resolution, Condition Nos. 1, 4, 5, 7, 8,
11(a), 17, 23(b), 30, 31 and 33(a), above mentioned, shali be complied with.
36. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anahe(m fl~unicipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
app~ oval of the request regarding any other applicable ordinance, regulation or requirement.
37. That prior to commencement of any activity authorized by this resolution or within a period of one
(1) year from the date of this resolution, whichever occurs first, Condition Nos. 13 and 34, above
mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an
extension of time fs requested for the alcohol sales portion of this request, it shall be considered
at a noticed public hearing.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determino that adoption of this Resolu!ion is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
bo declared invalid or unenforceable by the final Judgment af any court of competent jurisdiction, then this
Resolution, and any approvats herein contained, shall be deemed n II and void.
THE FOREGOING RESOLUTION as opted att Plan~ing Commission meeting of
October 26, 1998. ~
i
~
CHAi E ON, AHEIM CITY PLANNING COMMISSION
FiT C' FY.
~"'l/l.t/ ~
SECRETARY, NAHEIM CITY PLANNING COIViMiSSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commiss(on held on October 26, 1998, by the following vote of the members thereof:
AYEB: COi1AMISSIONER5: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLIAMS
y~~~~_~,~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~.J~ day of
_ / DU~A7I _ I~ , 1998.
--~-~ .~ S'o~
SECRETARY,IANAHEIM CITY PLANNING COMMISSION
LJ
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