Resolution-PC 99-62RESOLUTION NO. PC39-62
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMlSSION
THAT PETITION FOR CONnITIONAL USE PERMIT NO. 4105 BE GRANTED FOR THREE (3) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
BEGINNING AT A BOLT MARKING THE INTERSECTi.,N OF THE CENTER
LINE OF CROWTHER AVENUE AS LAID OU I BY THE COUNiY OF OR,4NGE,
WITH THE CENTER LINE OF ORANGETHORPE AVENUE AS ESTABLISHED
BY THE CALIFORNIA STATE HIGHWAY DIVISION; THENCE FROM S.4iD
POINT NORTH 87 DEGREES 15 MINUTES 40 SECONDS WEST 943.70 FEET
ALONG SAID CENTERLINE OF CROWTHER AVENUE; THENCE SOUTH 2
DEGREES 08 MINUTES 20 SECONDS WEST 326.50 FEET Td A POINT IN
THE SAID CENTERLINE OF OFANGETHORPE AVENUE; THENCE NORTH 83
QEGREES 34 MINUTES 20 ~ECONDS EAST 944.39 FEET TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THAT PORTION INCLUDED IN BLOCK "K"
ALSO EXCEPT THEREFROM THE FOLIOWING:
ALL THAT PORTfON OF SAID LAND LYING WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE CENTERLINE OF ORANGETHORPE
AVENUE, SAID POINT BEING DISTANT SOUTH 73 DEGREES 33 MINUTES
22 SECONDS WEST 510.53 FEET FROM THE CENTERLINE INTERSECTION
OF ORANGETHORPE AVENUE AND MILLER STREET, AS PER MAP
RECORDED IN BOOK 16, PAGE 36, RECORD OF SURVEYS OF SAID
ORANGE COUNTY: THENCE NORTH 2 DEGREES 17 MINUTES 21
SECONDS EAST, 183.25 FEET: THENCE NORTH 17 DEGREES 48 MINUTES
43 SECONUS EAST 159.30 FEET TO A POINT ON THE CENTER LINE OF
PLACENTIA YORBA BOULEVARD (FORMERLY CROWTHER AVENUE), SAID
POINT BEING DISTANT SOUTH 87 DEGREES 17 MINUTES 28 SECONDS
EAST, 113.19 FEET FROM THE NORTHWESTERLY CORNER OF THE LAND
DESCRIBED IN SAID DEED TO THE ANAHEIM UNION WATER COMPANY,
AND SHOWN ON SAID MAP RECORDED IN BOOK 16, PAGE 36, RECORD
OF SURVEYS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 12, 1999 at 1:30 p.m., notice of said public hearing havin~ been duly given as
required by law and in accordance with the provisions of ciie Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and agains; said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said hearing was continued from
the meeting of March 15, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif 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 uses 2re properly ones for which a conditional use permit is authorized
by Anaheim Municipal Code Sections 18.q4.050.130, 18.44.U50.135 and 18.44.050.193 to establish
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conformity with existing Zoning Code land use requirements for the existing commercial retail center and
existing liquor store with retail sale of alcoholic beverages for off-premises consumption, and to establish
a church within the same commercial center:
Sections 18.06.050.0211 - Minimum number of oarkina soaces.
18.06.050.022 {69 soaces required;
18.06.05p.0?gg 56 soaces proposed and recommended by the City Tra~c and
18.06.050.0268 Transportation Manager)
18.06.080
and 18.4q.pS6.050
2. That the waiver of minimum number of parking spaces is hereby approved based on the
information contained in the approved parking demand study.
3. That the parking study indicates that the peak parking demand for off-street parking (14
spaces) is substantially lower than the number of spaces (56) provided on the site.
4. That the proposal will not increase nor compete for on-street parking because the
underlying parking lot has more than adequate ~,arking to accommodate the peak parking demands.
5. That the project site parking lot does not physicaily abut any development and there is no
reason to encroach onto other parking facilities because the projer,t site provides ample parking as
indicated in the parking analysis.
6• That traffic and parking congestion will not occur because the supply of on-site parking
spaces is more than triple the anticipated peak parking demand.
7. That the project will not impede vehicular ingress or egress from adjacent properties
because the project is physically isolated from other properties; and that the four project driveways have
excellent lines of sight and turning areas.
g. That the existing and proposed land uses are conditionally-permitted uses in the
underiying CL (Commercial, Limited) Zone; and that these uses will not adversely affect the adjacent and
nearby flood control and retarding basin Iand uses.
9• That the property provides adequate ingress/egress from public streets, on-site vehicular
circulation, and adequate parking for customers and parishioners patronizing the combined uses on the
property and is adequate to allow the full development of this use in a manner which is not detrimental to
the area or general population.
10. That the Anaheim Poiice Department indicates that this commercial retail center has not
been a source of excessive numbers of calls for service.
11. That the existing and proposed uses will not adversely affect the adjoining land uses and
the growth and davelopment of the area in which they are located.
12. That the size and shape of the site for the existing and proposed uses is adequate to
allow fuli development of the proposal in a manner not detrimental to the particular area nor to the peace,
healfh, safety and general welfare.
13. That the traffic generated by the proposal will not impose an undue burden upon the
streets and highways designed and improved to carry the fraffic in the area.
14• That granting o•` this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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PC99-62
15. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFnRNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal to estabiish conformity with existing Zoni~g Code land
use requirements for an existing commercial retail center and an existing liquor store with retail sales of
alcoholic beverages for off-premises consumption, and to establish a church within the same commercial
center ~vith waiver of minimum number of parking spaces on an irregularly-shaped 1.21-acre property
located at the northwest corner of Orangethorpe Avenue and Crawther Avenue with frontages of 400 feet
on the north side of Orangethorpe Avsnue and 350 feet on the south side Crowther Avenue (3331-3339
East Orangethorpe Avenue); and does hereby approve the Negative Deciaration upon finding that the
declaration reFlects the independentjudgment of the lead agency and that it has considered the N2gative
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 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit No. 4105 for a period of three (3) years,
upon the following conditions which are t~ereby found to be 2 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:
Church
1. (a) That the hours of operation for church services and Bible studies shall be limited to:
Sunday: 9 a.m. to 1 p.m. and 7 p.m. to 9 p,m.
Monday through Friday: 7 p.m. to 9 p.m.
(b) That the maximum attendance shali be hventy (20) adults and fifteen (95) children.
2. That this condilional use permit does not include approval of a child care facility, playground, or any
school, with the exception of the children's Sunday School.
3. That no required parking area shall be fenced or othervvise enclosed for outdoor storage or
playground uses.
4. Thet this conditional permit shall expire three (3) years from the date of this resolution, on April 12,
2002.
5. That no exterior amplified bells shall be installed or used in canjunction with this church.
Liquor store with sale of alcoholic beveraaes for off premises consumotion
6. (Proposed Condition No. 6 was deleted at the Planning Commission public hearing.)
That all trash generated by this business shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need fnr
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of
pick-up shail be paid for by the business owner.
That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
CR3605PK.DOC -3- PC99-62
9. That all public telephones (existing or proposed) shall be (re)located inside the liquor store.
10. That no advertising of alcoholic beverages shall be Iocated, placed or attached to any location outside the
building; and that any such advertising shall not be audible (either inside or outside).
11. That no alcoholic beverages shail be consumed on the premises.
12. That no dispiay of alcoholic beverages shall be located outside the building or within five (5) feet of any
public entrance to the building.
13. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the
building.
14. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine.
15. (Proposed Condition No. 15 was deleted at the Planning Commission public hearing.)
16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
17. That the hours of operation for the Iiquor store shall be limited to:
Sunday through Thursday: 6 a.m. to 9 p.m.
Friday and ~aturday: 6 a.m. to 10 p.m.
Commercial Center
18. 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.
19. That within a period of six (6) months fc ~m the date of this resolution, a minimum of eic~hteen (18),
minimum fikeen (15) gallon sized, trees shall be planted in the landscaping planters immediately
adjacent to Crowther Avenue and Orangethorpe Avenus. Said trees shall be planted.
20. That the locations for any f~ture above-ground utility devices including, but not limited to, electrical
transformers, water back flow devices, gas, communications and cable devices, elc., shall be
shown on plans submitted for building permits. Such plans shall also identify the specific treatment
of each device ;i.e., landscape screening, color of walls, materiais, identifiers, access points, etc.)
and shall be subject to lhe review and a~proval of the appropriate City departments.
21. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2490 (to expand an existing restaurant with on-sa~e beer and wine) and
Conditional Use Permit No. 1937 (to permit on-sale beer and wine in a proposed restaurant).
22. That roof-mounted balloons or other inFlated devices shall not be permitted.
23. That trash storage areas shall be refurbished to the satisfaction of the P~biic Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
24. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illurr;inate and make easily discernible the appearance and conduct ~f all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably iiluminate the window areas of nearby residenlial properties; and that said lighting
information shall be specified on plans submitted for Police Department, Ccmmunity Services
Division, and Planning Department, Zoning Division, approval.
25. That no exterior vending machines shall be permitted.
CR3605PK.DOC -4- PC99-P2
26. That owner shall work with "Tree Power" to install street trees within the public rights-of-way
adjacent to Orangethorpe Avenue and Crowther Avenue. The size, type and number of trees shall
be provided to the satisfaction of the Urban Forestry Division of the Community Services
Department.
27. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned so as
to provide increased visibility of the facility.
28. That three (3) foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible to the street or adjacent properties.
29. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to roof-mounted equipment in the CL
(Commercial, Limited) Zone. Said information shall be specifically shown on the plans submitted for
Zoning and Building Division approval.
30. That the maximum number of tenant units shall be limited to ten (10) as shown on the exhibits
submitted by the Fetitioner and approved by the Planning Commission.
31. That wall signs shall be limited to one (1) per business except For corner units whi~h shail be limited
to a maximum of two (2) wall signs (one (1 j sign per building elevation). Said information shall be
specifically shown on plans submitted for Zoning Division approval. Existing wall signs exceeding
this requirement shall be removed within a period of three (3) months from the date of this
resolution.
32. That the property owner shall be responsible for maintaining the premises free of litter at all times.
33. That sign permits shall be obtained for the existing approximately eighteen (18) foot high
freestanding sign or said un-(;arrnitted freestanding sign shall be removed.
34. That the un-permitted approximately five (5) foot high sign located in the easterly landscaping
planter shall be reinoved.
35. Tiiat any future signage for this property shall be subject to approval by the Planning Commission
as a"Repoits and Recomm?ndations" item.
36. That the subject property shall be developed substantialiy 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 mzrked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
37. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 31, 33 and
34, above-mentioned, shall be completed.
38. 7hat prior to the issuance of building permits, or prior to the commencament of the activity
authorized by this resolution, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 21, 24 and 29, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accardance with Section
18.03.090 of the Anaheim Municipal Code.
39. That prior to final building and zoning inspections, Condition Nos. 9, 23, 26, 28 and 36, above-
mentioned shall be complied with.
40. That approval of this apFlication constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 'Loning Code and any other applicable City, State and
CR3605PK.DOC -5- PC99-62
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the re; ~~est regarding any other applicable ordinance, regulation or requireme~t.
BE IT FURTHER RESOLVEO tliat the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is expressly predica!ed upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereoE,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, th~n this
Resolution, and any aparovals herein conlained, shall be deemed nul and void.
THE FOREGOING RESOLUTION w s adopted at t~ lanning Commission meeting of
April 12, 1999. / ~
_! ~ ~
CHAIRPE N, .1N~4 EI CITY PLANNING COMMISSION
ATTEST:
. ~ P~f//~.~
SECRETARY, ANAH IM CITY PLf1NNIPIG COMMISSION
STATE OF CALIFORNIA )
COUIVTY OF ORANGE ) ss.
CITY OF ANAHEIM )
that the forego ng resoluti n~was pa scedta d adopted at al meet nglof the AnaherimSC ty Pla n ng y certify
Commission held on April 12, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWIC!C, BRI5TOL, KOOS, NAPOLES
NOES: COMMISSIONERS: NdNE
ABSENT: COMMISSIONERS:BOYDSTUN, ESPNG, ONE VACANT SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
__.~~!~~, 1999.
SECR~TARY, /~JAHEIM CITY PLANNING COMMISSION
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