Resolution-PC 2010-093RESOLUTION NO. PC2010 -093
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT NO. 2010 -05518
(DEV2010- 00128)
(2162 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010-
05518 and Determination of Public Convenience or Necessity No. 2010 -00071 to permit the
expansion of an existing legal non - conforming bar with a Type 48 Alcoholic Beverage Control
license (On -Sale General for Public Premises), for that certain real property located at 2162 West
Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, as more
particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and
WHEREAS, this property is currently developed with a commercial building
containing a bar, located in the C -G (BCC) (General Commercial; Brookhurst Commercial
Corridor Overlay) Zone and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, pursuant to section 18.22.080 of the Anaheim Municipal Code, bars
and cocktail lounges are a prohibited use within the BCC Overlay Zone; and
WHEREAS. subsection .020 of Section 18.22.040 of the Anaheim Municipal
Code does not permit the expansion of a legally created use that was in existence as of the date
Chapter 18.22 was adopted (April 6, 1999), and that is prohibited by Chapter 18.22; and
WHEREAS, in conjunction with the Petition for Conditional Use Permit No.
2010 -05518 and Determination of Public Convenience or Necessity No. 2010- 00071, the
applicant has requested an amendment to subsection .020 of Section 18.22.040 of the Anaheim
Municipal Code to permit the expansion of a legal nonconforming use subject to the approval of
a conditional use permit in accordance with the provisions of Chapter 18.66: and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 13, 2010, at 5:00 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 18.60 "Procedures ", 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, the Planning 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 with respect to the request for a conditional use permit to expand a legal
non - conforming bar, does find and determine the following facts.
1. Pursuant to section 18.22.080 of the Anaheim Municipal Code, bars and cocktail
lounges are a prohibited use within the BCC Overlay Zone.
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2. Subsection .020 of Section 18.22.040 of the Anaheim Municipal Code does not
permit the expansion of a legally created use that was in existence as of the date Chapter 18.22
was adopted (April 6, 1999), and that is prohibited by Chapter 18.22.
3. In conjunction with the Petition for Conditional Use Permit No. 2010 -05518 and
Determination of Public Convenience or Necessity No. 2010 - 00071, the applicant has requested
an amendment to subsection .020 of Section 18.22.040 of the Anaheim Municipal Code to
permit the expansion of a legal nonconforming use subject to the approval of a conditional use
permit in accordance with the provisions of Chapter 18.66.
4. That the proposed amendment to permit the expansion of a legal nonconforming
bar subject to the approval of a conditional use permit, as requested by the applicant, is
inconsistent with the purpose and intent of Chapter 18.22, which is to provide a mechanism for
the orderly development of property within the Brookhurst Sub -Area of the West Anaheim
Commercial Corridors Redevelopment Project Area so as to assist in the elimination of blight
and blighting influences and to encourage suitable residential development at mid -block and
other appropriate locations in the Brookhurst Sub -Area.
5. On December 7, 1993, the City Council adopted Ordinance 5412 approving the
Brookhurst Commercial Corridor Redevelopment Project area.
6. That the proposed amendment to permit the expansion of a legal nonconforming
bar subject to the approval of a conditional use permit, as requested by the applicant, is
inconsistent with the purpose and intent of the Brookhurst Commercial Corridor Redevelopment
Project area, including, but not limited to (i) the elimination of uses that either individually or
collectively contribute to blight in the Project Area or that are incompatible with adjacent uses
including surrounding residential neighborhoods; (ii) the development of programs to alleviate
negative physical, social, and economic impacts and liabilities associated with a concentration of
liquor- serving establishments in the Project Area; (iii) the establishment of modern convenient
commercial centers to serve the needs of the surrounding neighborhood and the City; (iv) the
expansion of the community's supply of housing including opportunities for low- and moderate -
income household; and (v) the expansion and upgrading of housing opportunities in the
community to eliminate blight and improve housing stock and standards for the present
population.
7. That the expansion of the existing legal nonconforming use would have an
adverse affect on the single- family residential land uses, located south of and directly adjacent to
the bar, as the result of increased traffic and noise associated with the expansion of the existing
premises from about 1,460 square feet to about 2,695 square feet with 3,705 square feet of
storage as proposed.
8. The site plan submitted by the applicant shows 22 on -site parking spaces; the
Zoning Code requires a minimum of 52 on -site parking spaces.
9. The applicant proposes to meet code required parking by entering into shared
parking agreements with surrounding property owners, including use of the parking lot to the
west of subject property to the detriment of the adjacent single- family residences.
10. The applicant has represented that a tentative agreement has been reached with the
owner of the property located to the west of the subject property, a dentist office, for the use of 22
additional parking spaces for a total of 44 parking spaces.
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11. The Planning Department has received correspondence from the owner of the
property to the east of the subject property, located at 2146 and 2156 West Lincoln Avenue, stating
that the property owner will not agree to allow shared parking for use by employees or customers of
the bar.
NOW, THERFORE, BE IT RESOLVED that the Planning Commission, for the
reasons hereinabove stated, does hereby deny Conditional Use Permit No. 2010 - 05518.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval
of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Munici u al Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in t ent of an appeal.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SENIOR SE
- 3 -
CHAIRMAN PRO - TEMPORE
ANAHEIM CITY PLANNING COMMISSION
SENIORS TARY, ANAHEIM CITY PLANNING COMMISSION
I, Grace Medina, Senior 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 Commission held on September 27, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, KARAKI, RAMIREZ
NOES: COMMISSIONERS: PERSAUD, SEYMOUR
ABSENT: COMMISSIONERS: AMENT, FAESSEL
IN WITNESS WHEREOF, 1 have hereunto set my hand this 27 day of September, 2010.
TARY, ANAHEIM CITY PLANNING COMMISSION
PC2010 -093
APN: 128- 011 -031
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CHCRR `WOOD IN
EXHIBIT "A"
DEV2010.00128
W LINCOLN AVE
j
115'
W LINDSAY RD
1 /
LO
115'
W CHERRYWOOD LN
1
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11009
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