Resolution-PC 2003-114•
RESOLUTION NO. PC2003-114
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2001-134 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2001-04433
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-134, grant Conditional Use Permit No. 2001-04433 to establish land use
conformity with Zoning Code land use requirements for an existing commercial retail center, Laundromat
and liquor store, and to permit a convenience market at 1056 North State College Boulevard; and
WHEREAS, said Resolution includes the following conditions of approval:
1. That the hours of operation for the convenience market shall be limited to 6 a.m. to
9 p.m. daily, as stipulated by the petitioner. Deliveries shall only take place from 12
p.m. to 3 p.m. and shall use east-facing doorways.
2. That no alcoholic beverages shall be sold or consumed on the premises of the
convenience market.
40. 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 fle with the Planning. Department marked Exhibit-Nos. 1 and 2; and as
conditioned herein.
W HEREAS, the underlying property, which is located at the northeast corner of La Palma
Avenue and State College Boulevard, is developed with an 89,450 sq.ft. commercial retail center with 30
tenant spaces including subject 3,750 sq.ft. convenience market (Carniceria EI Parmar); that the zoning
is CL (Commercial, Limited); and that the Land Use Element of the Anaheim General Plan designates
the property for General Commercial land uses; and
WHEREAS, under authority of Code Sections 18.02.091, 18.03.093 and 18.44.050.193, the
petitioner has requested an amendment to the conditions of approval to permit the retail sale of beer and
wine at the convenience market for off-premises consumption; and
WHEREAS, the petitioner proposes to sell take-out food at the convenience market and
has submitted a revised floor plan (Revision No. 1 of Exhibit No. 2) for the convenience market showing
the addition of a small food preparation and service area, a counter eating area with 10 or fewer seats
and a display case for beer and wine; and that the petitioner also requests that the hours of operation be
modified to 6:00 a.m. to midnight (instead of 9 p.m.) and has indicated that their desire is to remain open
until midnight only on certain holidays and the convenience market would continue to operate from 6:00
a.m. to 9:00 p.m. for the majority of the year; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 28, 2003, 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
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:
Tracking No. CUP2003-04726
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1. That the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be amended and under the conditions herein, will not
adversely affect the adjoining land uses and the growth and development of the area in which it is
located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the use 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 use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That the proposed amendment, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the Conditional Use Permit as originally granted.
6. That amending the 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.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRO_N.MENTAL. QUALITYACT_FI~LD-ING: The Planni~g ~+r~c~or or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC2001-134, adopted in connection with Conditional Use Permit No.
2001-00433, to permit the retail sale of beer and wine at the convenience market for off-premises
consumption for a period of two (2) years until July 28, 2005, and to permit the sale of take-out food at the
convenience market including a small food preparation and service area and a counter eating area with
10 or fewer seats; and
BE IT FURTHER RESOLVED that the conditions of approval adopted in connection with
said Resolution, are hereby amended in their entirery to read as follows:
Convenience Market:
That the hours of operation for the convenience market shall be limited to 6 a.m. to 10 p.m. daily.
Deliveries shall only occur using east facing doorways from 12 p.m. to 3 p.m.
2. That the sale of beer and wine shall not exceed thirty five percent (35°/a) 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.
3. That no advertising of beer and wine shall be located, placed or attached to any location outside
the building; and that no audible advertising of beer and wine shall be permitted.
4. That no beer and wine shall be consumed on the premises.
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5. That no display of beer and wine shall be located outside the building or within five (5) feet of any
public entrance to the building.
6. That the areas of beer and wine display shall not exceed twenty five percent (25%) of the totaf
display area in the convenience market building.
7. That the sale of beer and wine shall be made to customers only when the customer is inside the
building.
8. That no person under twenty-one (21) years of age shall sell or be permitted to sell any alcoholic
beverages.
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.
10. That no video, electronic or other amusement devices or games shall be permitted in conjunction
with this convenience market.
11. That window signs shall not be permitted for the convenience market; and that all fixtures,
displays, merchandise and other maferials shall be setback a minimum of three (3) feet from all
window areas.
11.a. That the retail sale beer and wine for off-premises consumption shall expire two (2) years from the
date of this Resolution on July 28, 2005.
Laundromat:
12. That there shall be no amusement devices or games maintained upon the premises at any time.
13. That there shall be no public telephones maintained on the property that are located outside the
building and within the control of the applicant.
14. That the operator of this laundromat shall be fully responsible for keeping all laundry carts inside
the building.
15. That during all hours of operation the laundromat shall be operated with at least one (1) attendant
on-site.
16. That there shall be no window signs permitted in connection with the laundromat.
Liquor Store
17. That no alcoholic beverages distributed from this establishment shall be consumed on the
property.
18. That there shall be no amusement devices or games maintained upon the premises at any time.
19. That no public telephones, which are located outside the buifding and within the control of the
applicant, shall be maintained on the property.
20. That there shall be no window signs permitted in connection with the liquor store.
Commercial Retail Center:
21. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
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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 for by the business owners.
22. That all public telephones (existing or proposed) shall be located inside the building only.
23. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
24. 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 dies.
25. That roof-mounted balloons or other inflated devices shall not be permitted.
26. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
27. That no vending machines, which are visible to the public rights-of-way, shall be permitted on the
property.
28. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL
(Commercial, Limited) Zone.
29. That no required parking area shall be fenced or otherwise enclosedfor o~tdoor sto~age use.
30. That the property shall be permanently maintained in an orderly through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
31. That the property owner shall be responsible for maintaining the premises free of litter at all times.
32. That the number of tenant spaces shall be limited to thirty (30) units as reflected in the site plan
(Exhibit No. 1).
33. That signage for subject facility shall be limited to all legal existing signage as of the date of this
Resolution. Any additional signage shall be subject to review and approval by the Planning
Commission as a'Reports and Recommendations' item.
34. That all wall sign cabinets shall be fitted with copy panels.
35. 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 marked Exhibit No. 1 and Revision 1 of Exhibit No. 2, and as conditioned
herein.
36. That prior to the commencement of the activity authorized by this Resolution Condition No. 35,
above-mentioned, shall be complied with.
37. That approval of this application constitutes approval of the proposed request only 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 28, 2003.
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ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 July 28, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
, 2003.
BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NONE
NONE
ONE
REOF, I have hereunto set my hand this ~~~day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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