Resolution-PC 98-181RESOLUTION NO PC98-181
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING THE PARKING WAIVER, AND
APPROVING FINAL LANDSCAPE AND SIGN PLANS, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-42,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3921
WHEREAS, on Aprii 28, 1997, the Planning Commission adopfed Resolution iVo.
PC97-42 to approve Conditional Use Permit No. 3921 and permit a 2,200 sq.ft. convenience market at
1112 North Brookhurst Street, Suite 1, in an existing commercial retail center with sale of alcoholic
beverages for off-pramises consumption and with waiver of minimum number of parking spaces (71
spaces required, 60 spaces approved) on a 0.91-acre irregularly-shaped property located north and east
of the northeast corner of La Paima Avenue and Brookhurst Street; and that the retail sale of alcoholic
beverages for off-premises consumption was permitted for two years, until April 28, 1999; and
WHEREAS, said resoiution included the follow(ng conditfons:
1. That the existing exterior public telephone(s) shall be ramoved and there shall be no public
telephones maintained on the property that are located outside the building and within
control of the applicant.
2. That no sale of hot food or sale of self-serve sok drinks shail be permitted unless Code-
required parking is provided or a waiver of minimum number of parking spaces is obtained.
4. That a Iandscape plan for the entire site shail be submitted to the Zoning Division of the
Planning Department indicating type, size and location of existing and proposed ref~rbished
landscaping and irrigation for review and approval of the Planning Commissfon as a
Reports and Recommendations item. Landscapina shall include one (1) minimum 15-
gallon size tree and two (2) minimum 5-gallon size shrubs in tho westerly planter adjacent
to Brookhurst Street. Once approved, the landscaping shail be planted, irrigatQd and
maintained, in accordance with the approved plan,
5. That as recommended by the Police Department, no window signs shall be perm:tted at any
time, to allow unobstructed visibility of the store interior from the outsfde.
7. That lhe sale of alcoholic beverages for off-premises consumption is hereby granted for a
period of two (2) years, to expire on April 28, 1999.
9. That the business hours of the subject business shail be Iimited to 8 a.m. to 11 p.m.
WHEREAS, Determination of Public Convenience or Necessity No. 97-05 (to permit the
retail sale of alcoholic beverages al the convenience market for off-premises ~onsumption) was approved
concurrently with this Conditional Use Permit No. 3921; and
WHEREAS, this property is zoned CL (Commercial, Umited) and is developed with a
commercial retail center, including subject convenien~e market (Cheers hlarket) at 1112 North Brookhurst
Street, Suite 1; that the Anaheim General Plan Land Use Element designates the property for
Commercial Professional land uses; and lhat the property is located in lhe West Anahe(m Commercial
Corridors Redevelopment Project Area and Community Planning Area No.1; and
WHEREAS, the petitioner has requested, pursuant to Code Sect(ons 18.03.091,
18.03.092 and 18.03.093.040 of the Anaheim Municipal Codo, deletion or amendment of the afore-
mentioned conditions, as follows:
CR3478PK.DOC -1- PC96-181
(i} Delete Condition No. 1 to permit the existing exterior public telephones to remain;
(ii) Delete Condition No. 5 to permit window signs; -
(iii) Delete Condition No. 7 to eliminate the two-year time limitation for the retaii sale of alcoholic
beverages for off-premises consumption;
{iv) Delete Condition No. 9 to eliminate the limited business hours of the convenience market.
WHEREAS, the petitioner also requested, as specified in Condition No. 2, that the waiver
of minimum number of parking spaces be amended to permit self-service food and soft drink dispensers
inside the convenierice market; and that an additionai 5 parking spaces are required by Code to
accommodate said added use; and
WHEREAS, the petitioner, ta conform with Condition No. 4, also requested that the
Planning Commission approve final landscaping and sign plans; and
WHEREAS, the City Planning Commission did hold a public nearing at the Civic Center in
the City of Anaheim on November 9, 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 Municipai 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. _
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 retail saie of alcoholic beverages at a convenience market for off-premises
consumption is a conditionally permit use authorized by the Anaheim Municipal Code; and that the
amendment or deletion of conditions of approval adopted in connection with such conditional use permit is
also authorized by the Anaheim Municipal Code.
2. That the "retail sale of alcoholic beverages" component of this permit is being exercised
in substantially the same manner and in conformance with ail conditions and stipulations originally
approved.
That the crime rate for the underlying reporting district is 23% below the City average.
4. That the retail sale of alcoholic beverages is being exercised in a manner not detrimental
to the particular area and surrounciing land us~s, nor to the public peace, health and safety and general
welfare.
5. That the facts necessary to support each and every required showing for permitting the
continued retail sale of alcoholic beverages for off-premises consumption for an additional period of time,
as set forth in Chapter 18.03, exist.
6. That this conditionai use (retail sale of alcohoiic beverayes for off-premises consumption)
is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the
public peace, health and saiety and general welfare.
7. That the retail saie of alcoholic beverages is approved for a period of one (1) year, to
expire on November 28, 1999.
8. That the parking study, submitted by the petitioner and concurred with by the City Traffic
and Transportation Manager, justifies amending the parking waiver; and that 76 parking spaces (instead
of 71 as originally approved) are required by Code to accommodate the self-service drink dispensers
inside the convenience market, and the 60 existing spaces are adequate according to the parking study;
and
CR347~JPK.DOC -2- PC98-181
9. That the parking wafver, as amended and under the conditions imposed, wili not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to
acccmmodate all vehicles attributable to such use under the normal and reasonably foreseeahie
conditions of operation of such use.
10. That the parking waiver, as amended and under the conditions imposed, will not increase
the demand and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use.
11. That the parking waiver, as amended and under the conditions imposed, will not increase
the demand and competition for parking spaces upon adjacent private property in the (mmediate vicinity of
thF~ 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).
12. That the parking waiver, as amended and under the conditions imposed, will not increase
tra~c congestion within the off-street parking areas or lots provided for such use.
13. That the parking waiver, as amended and u~der the conditions imposed, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use.
14. That amending this conditional use permit to delete certain conditions of approval is
necessary to permit reasonable operation under the permit as granted and as amended herein.
15. That deletion of Condilion Nos. 1 and 5, pertaining to removing the existing public
telephones located outside the building and prohibiting window signs, is denied because testimony and
photographs received at the August 17, 1998 Pianning Commission meeting indicated that modifying
these conditions would contribute to the existing crime and loitering probiems in the area; that the
Community Development Department indicates retaining window siyns and exterior telephones for a
business with retail sale of alcoholic beverages, and the manner in which this permit is currently being
exercised, is not consistent with the goals of the West Anaheim Commercial Corridors Redevelopment
Plan; and that the Anaheim Police Department recommends no change to the conditions pertaining to
window signs and exterior telephones for a business with retall sale of alcoholic beverages due to
concerns pertaining to criminal activity, particularly during early morning and late night hours.
16. That no one indicated their presence at the public hearing in opposition to the rroposai;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anahaim City
Planning Commission has reviewed the proposal and does hereby determine that the Negative
Declaration previously approved in connection with Conditional Use Permit No. 3921 is adequate to serve
as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the previously
approvad 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
P~eidence that the proposal will have a significant effect on the enviro~ment.
NOW, THEREFORE, BE !T RESOLVED that the Anaheim Ciry Planning Commission
does hereby amend Resolution No. PC97-42, adopted in connection with Conditional Use Permit No.
3921, as follows:
CR3478PK.QOC -w- PC98-181
(a} Amend the parking waiver to read:
Sections 18.06.050,022 -
18.06.050.0225
18.06.050.0231
18.06.050.0233
18.06.080
and 18.44.066.050
Minimum number of parkin4 spaces.
76 s ces required; 60 spaces existing and concurred with
by the City Traffic and Transportation (vlanager)
(b) Delete Condition No. 2.
(c) Amend Condition Nos. 7 and 9 ta read:
7. That the retail sale of alcoholic beverages for off-premises consumption is hereby granted
until t~ovember 28, 1999.
9. That the business hours of the convenience market shail be limited to 6 a.m. to 12:00
midnight, seven days a week.
(d) Add the folfowing new conditions:
20. That signage far the subject business shall be lirnited to that ~vhich is shown on the
exhi@its submitted by the petitioner, and as conditioned herein. Any additional signage
shail be subject to approvai by the Planning Commission as a"Reports and
Recommendations" item.
21. That within a period of three (3) months after Caltrans compietes the freeway
improvement project currently underway in this area, the petitioner shall install
landscaping in the existing westerly pianter adjacent to Brookhurst Street.
22. That the existing wall sign on the south elevation of the convenience market shall be
reconstructed to its original permitted sign size.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the
r2quest to delete Condition Nos.1 and 5; and
AND BE IT FURTHER RESOLVED that, in accordance with Condition No. 4, the
F'lanning Commission does hereby approve the final landscaping and sign plans, subject to the signs
being brought into conformance with the rest of the signs in this commercial retail center.
BE iT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon appiiaanPs compliance with each
and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final jude,ment of any court of com~ntent jurisdictian, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 9, 1998.
Q G~~Q~CI.t-r~t-~
CHAIRf~ RSON PRO-TEMPORE,
ANAHEIM CITY PLANNING GOMMISSION
ATTEST:
1~~~.e,'~~o--- ~-a'w--~c.-.-va-~--/
SECRETARY, ANAHEIM CITY PLRNNING COMMISSION
CR3478PK.DOC -4- PC98-181
STATE C~F CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) ~
I, Osbelia Edmundson, 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 November 9, 1988, by the foliawing vote of ;he members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOL~S, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I i,ave hereunto set my hand this ~~ day of
"'c`~+.•~---~~ , 1998.
,
~,s~~R. ~-_~,.,--d~..~-o~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSIf~N
CR3478PK.DOC -5- PC98-181