Resolution-PC 98-39RESOLUTION NQ. PC98-39
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMti11~SION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 97R-134 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3929
WHEREAS, on Juiy 95, 1997, the City Council adopted Resolution No. 97R-134 to
approve, in part, Conditional Use Permit No. 3929 and permit a 2,400 sq. ft. convenience market at 2930
West Lincoln Avenue (the sale of alcoholic beverages for off-premises consumption was denied); and that
said resolution included the following conditions of approval:
That the existing twenty eight (28) foot high pole sign shall be removed within ninety (90)
days of the date of this resolution. Any additional signage shall be limited to those signs
submitted to and approved by the Planning Commission as a"Reports and
Recommendations" item. Any proposed freestanding sign shall be a monument type not
exceeding eight (8) feet in height.
That a landscaping plan for the entire site shall be submitted to the Zoning Div;sion,
Planning Deparlment, showing the type, size and location of the proposed landscaping
and irrigation. Landsr,aping shall include at least two (2) tree wells adjacent to L(ncoln
Avenue, each pianted with one (1), minimum fifteen (15) gallon sized, tree. Following
approval, the landscaping shall be installed and maintained in accordance with the plan.
WHEREAS, the underlying property is developed with a 7,200 sq. ft. commercial retail
center, including subject business (Cheers Market), and two apartment units in the CL (Commercial,
Limited) Zone; that the Anaheim General Plan land use designation is General Commercial; and that the
property is located in Community Planning Area No. 1; and
WHEREAS, the petitioner requests deletion of Condition Nos. 2 and 3 of said resolution
because he believes that removal of the existing sign would be detrimental to all the tenants, that the pole
sign has been in its present location for 30 years and provides the only means of advertising ior the
existing 4 tenants in the center, and that addition of landscaping would not be desirable due to the fact that
it would be removed, destroyed, or vandalized within a matter of days; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center fn
the City of Anaheim on March 30, 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 amendment and to investigate and make
findings and recommendations in connection therewith; and
V'JHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of ali evidence and repoKs offered at said hearing, does find
and determine the following facts:
1. That modification of Condition No. 2 is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit reasonable operalion under the
conditional use permit as granted because a new sign ordinance, adopted on September 16, 1997, allows
commercial shopping center signs in excess of the limitations imposed by the existing condition;
CR3215PL.DOC -1- PC98-39
2. That Condition No. 3, pertaining to the requirement for minimal landscaping of this
property, which currently has no on-site landscaping, is necessary to enhance the view of this property
from Lincoin Avenue, one of the City's major arterial highways, and to bring this property into closer
conformance with current Code requirements; and
3. That no one indicated thair p~2sence at the public hearing in opposition to the
proposal, and that no correspondence was received in opposition to the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINOING: That the Anaheim
City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Condition2l Use Permit No. 3929 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the deciaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Oeclaration 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 wili have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Condition No. 2 of Resolution No. 97R-134, adopted in connection with Conditional Use
Permit No. 3929, to read as follows:
That the existing twenty five (25) foot high pole sign (total of seventy six (76] square feet)
shall be permitted; if the applicant wishes to expand the square footage of the sign then it
shali be brought into compliance with existing Code requirements.
BE IT FURTHER RESOLVED the Planning Commission does hereby deny the request to
amend or delete Condition No. 3.
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of
March 30, 1998.
--~
iJ!'`l~-`c~_zr-~ ~1~~
CHAIRPERSON, ANAHEIWS CITY PLANNING COMMISSION
ATTEST:
~bLt~k(.s~
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certi(y
that the fore~oing resolution was passed and adopted at a meeting of the Anaheim City Plannfng
Commission held on March 30, 1998, by thE foilowing vote of the members thereof:
AY[S: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 1 day of
C~~ 1998. , .
~ ~~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
-2- PC98-39