Resolution-PC 2000-55~ •
RESOLUTION NO. PC2000-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTA7ING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04203
FOR TWO (2) YEARS TO EXPIRE NOVEMBER 28, 2002,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION N0. PC97-42,
AS AMENDED BY RESOLUTION N0. 99R-23 AND
ADOPTED IN CONNECTION WITH MASTER CONDITIONAL USE PERMIT N0. 3921
WHEREAS, on April 28, 1997 the Planning Commission adopted Resolution No. PC97-
42 to approve Conditional Use Permit No. 3921 and permit a 2,200 sq.ft. convenience market with sale of
alcoholic beverages for off-premises consumption in an existing commercial retail center and with waiver
of minimum number of parking on property located at 1112 North Brookhurst Street, Suite 1(Cheers
Market); and
WHEREAS, said Resolution No. PC97-42 was subsequently amended on January 26,
1999 when the City Council adopted Resolution No. 99R-23 to amend the parking waiver and to amend
conditions of approval pertaining to the expiration date regarding the sale of alcoholic beverages for off-
premises consumption, the business hours of the convenience market, and permitted signs and
installation of landscaping; and that Condition No. 7 was amended to read:
7. That the retail sales of alcoholic beverages for off-premises consumption is
hereby granted until November 28, 1999.
WHEREAS, this property is developed with a 9,860 sq.ft. commercial retail shopping
center, including the Cheers Market; that the property is zoned CL(BCC) "Commercial, Limited -
Brookhurst Commercial Corridor Overlay"; that the property is located in the West Anaheim Commercial
Corridors Redevelopment Project Area; and that the Anaheim General Plan Land Use Element
designates the property for General Commercial land uses; and
WHEREAS, the petitioner requests reinstatement of Conditional Use Permit No. 3921,
which expired on November 28, 1999, under the authority of Code Section 18.03.093 of the Anaheim
Municipal Code to retain the sale of alcoholic beverages (for off-premises consumption) at the existing
convenience market; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 2000 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and
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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section.
2. That reinstating this conditional use permit, as conditioned herein, to permit the sale of
alcoholic beverages for off-premises consumption for an additional period of time will not adversely affect
the adjoining land uses and the growth and development of the area in which it is located because no
changes have occurred to the approved use which contradict the original findings for approval.
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3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
4. That the traffic generated by the proposed use wiil not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That reinstating this conditional use permit for a period of two years until November 28,
2002, as conditioned herein, will not be detrimental to the particular area and surrounding land uses, nor
to the public peace, health, safety and general welfare of the citizens of the City of Anaheim. ~
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
that one person spoke with concerns; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain the sale of alcoholic beverages within an
existing convenience market on a 0.91-acre irregularly-shaped property located north and east of the
northeast corner of La Palma Avenue and Brookhurst Street, having frontages of 127 feet on the north
side of La Palma Avenue and 83 feet on the east side of Brookhurst Street, and further described as 1112
North Brookhurst Street, Suite 1(Cheers Market); 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 for this request upon a finding by the Commission that the
previously approved Negative Declaration reflects the independent judgment of the lead agency and that
it has considered the peviously approved N~egative 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 rao 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, 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:
1. That the sale of alcoholic beverages for off-premises consumption is hereby granted for a period of
two (2) years, to expire on November 2'8, 2002.
2. That signage for the subject business (convenience market with the sale of alcoholic beverages for
off-premises consumption) shall be limited to that which is shown on the exhibits submitted by the
petitioner and approved by the Planning Commission and as conditioned herein. Any additional signs
shall be submitted to the Planning Commission as a"Reports and Recommendations" item for review
and approval.
3. That within a period of three (3) months after the date when the freeway improvement project
currently underway in this area is completed by CalTrans, the petitioner shall install landscaping in
the existing planter adjacent to Brookhurst Street.
4. That no public telephones on this property shall be located outside the building.
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5. That no sale of hot food and/or self-serve soft drinks shall be permitted on these premises unless the
minimum number of parking spaces required by Code for such food service is provided or a parking
waiver is approved.
6. That no food which is cooked, heated, reheated, assembled or altered on the site (as defined in
Section 18.01.040 "Convenience Market, Take-out, Food Service" of the Anaheim Municipal Code)
shall be shall be permitted on these premises unless the minimum number of parking spaces required
by Code for such food service is provided or a parking waiver is approved.
7. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
8. That no window signs shall be permitted at any time in order to maintain unobstructed visibility into
the store interior from outside, as recorv~mended by the Police Department.
9. That no coin-operated games shall be maintained upon these premises at any time without issuance
of proper permits as required by the An~aheim Municipal Code.
10. That the area of alcoholic beverage displays, including beer and/or wine displays, shall not exceed
twenty five percent (25%) of the total display area in these premises.
11. That the sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis showing the separate amounts of sales of alcoholic beverages and other items. These records
shall be subject to audit and made available when requested by any City of Anaheim official during
reasonable business hours.
12. That the applicant shall be responsible for maintaining the premises free of litter at all times.
13. That all trash generated from this convenience market 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 for additional bins or additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid by the business owner.
14. That no alcoholic beverages, including beer or wine, shall be consumed on the property.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible t:he appearance and conduct of all persons, on or about the
parking lot. Said lighting shall be direcfied, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
16. That no pool tables shall be maintained upon the premises at any time.
17. That any tree or other landscaping planted in accordance with prior approvals or previously approved
exhibits for this property shall be maintained as originally approved and shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
18. That the business hours of the subject convenience market shall be limited to 6 a.m. to 12 midnight.
19. That any exterior vending machine shall be located so as not to be visible to any public right-of-way.
20. That the 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 as Ex~hibit Nos. 1 and 2, except as otherwise conditioned herein.
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21. That approval of this application constitutes approval of the proposed request oniy to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ~ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC97-42,
adopted in connection with Conditional Use Permit No. 3921 and amended by Resolution No. 99R-23,
are hereby superceded, in their entirety, by the above-mentioned Condition Nos. 1 through 21.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was d pte at the nning Commission meeting of
May 8, 2000. ,i`
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2SON PRO TEMPORE,
CITY PLANNING COMMISSION
ATfEST:
~WI `a.v
SECRE7ARY, 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 certify
that the foregoing resolution was passed arad adopted at a meeting of the Anaheim City Planning
Commission held on May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN ~
IN WITNESS WHEREOF, I have hereunto set my hand this G~ day of
, 2000. .
G~'~-~ ~~~R~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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