Resolution-PC 2003-119•
RESOLUTION NO. PC2003-119
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2002-04555
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2002-103
ADOPTED THEREWITH
WHEREAS, on July 1, 2002, the Anaheim City Planning Commission did, by its Resolution
No. 2002-103, grant Conditional Use Permit No. 2002-04555 to permit a convenience market in
conjunction with a delicatessen with the retail sale of beer and wine for both on-premises and off-
premises consumption, and with waiver of minimum number of parking spaces (44 spaces required, 23
spaces approved); and
WHEREAS, said Resolution No. PC2002-103 includes the following conditions of approval:
That the portion of this Conditional Use Permit allowing the retail sale of beer and
wine for both on-premises and off-premises consumption (authorized by Code
Sections 18.44.050.010 and 18.44.050.193) shall expire one (1) year from the
date of this Resolution on July 1, 2003.
5. That beer shall not be sold for off-premises consumption in packages containing
less than a six (6) pack; and that wine coolers shall not be sold for off-premises
consumption in packages containing less than a four (4) pack.
22. That no window signs shall be permitted.
WHEREAS, this property is developed with a 4,572 square foot convenience market and
delicatessen at 847 South State College Boulevard (EI Gaucho Market); that the zoning is CL
(Commercial, Limited); and that the Anaheim General Plan Land Use designation is 'General
Commercial'; and
WHEREAS, under authority of Code Sections 18.03.091 and 18.03.093, the petitioner has
requested reinstatement of this Conditional Use Permit by the modification or deletion of Condition No. 1
in order to retain the retail sales of beer and wine for both on-premises and off-premises consumption,
and the modification of Condition Nos. 5 and 22 to permit the sale of single bottles and cans of beer and
to allow window signs; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 11, 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:
1. That the use, as proposed to be reinstated and amended, is properly one for which a
conditional use permit is authorized by the Zoning Code.
Tracking No. CUP2003-04731
cr\PC2003-119.doc -1- PC2003-119
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2. That reinstatement of the retail sale of beer and wine for both on-premises and off-
premises in conjunction with the convenience market and delicatessen is hereby approved, including
deletion of the time limitation established by Condition No. 1; that these premises have been operated in
substantially in the same manner and in conformance with all conditions and stipulations as originally
approved by the Planning Commission; that Code Enforcement staff has inspected the premises and
determined that the facility is in compliance with all applicable conditions of approval; and that deletion of
the time limitation is necessary to permit reasonable operation of the existing businesses under the
Conditional Use Permit as originally granted.
3. That the proposed modification of Condition No. 5 to permit the sale of beer in single
bottles or cans is hereby denied because the sale of individual containers of beer could encourage
negative secondary effects such as public drunkenness and loitering.
4. That the proposec{ modification of Condition No. 22 to allow window signs is hereby denied
because permitting window signage in excess of 10% of the window area would decrease visibility into
the market potentially creating a dangerous situation for police officers responding to requests for police
service to the business, and further that approval would increase the clutter of signage along State
College Boulevard where the City is currently investing substantial resources for beautification.
5. That the use, as reinstated and under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
6. That the size and shape of the site for the use, as reinstated and under the conditions
imposed, is adequate to allow full development of the proposal in a manner not detrimental to the
particular area nor to the_~eace, health. safety and general welf.are.. --
7. That the traffic generated by the use, as reinstated and under the conditions imposed, will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
8. That reinstating 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.
9. That this Conditional Use Permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health and safety and general welfare,
as evidenced by the absence of Code Enforcement Division complaints for this property.
10. That there have been no changes to the applicable zone standards that would invalidate
the findings that were the basis for the original approval of this Conditional Use Permit.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director 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 delete the time limitation established in connection Condition No. 1 of Resolution No.
PC2002-103, adopted in connection with Conditional Use Permit No. 2002-04555; and that the Anaheim
City Planning Commission does hereby amend the conditions of approval in their entirety to read as
follows:
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That the hours of operation shail be limited to the following:
Monday through Saturday: 8:30 a.m. to 8 p.m.
Sunday: 9 a.m. to 5:30 p.m.
2. That the sale of alcoholic beverages (i.e., beer and wine) shall be permitted only between the hours
of 9 a.m. to 8 p.m., daily.
3. That the gross sale of beer and wine shall not exceed the gross sales of all retail items during any
twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of beer and wine, and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
4. That the sale of single bottles or cans of beer shall be prohibited. Beer shall not be sold for off-
premises consumption in packages containing less than a six (6) pack; and that wine coolers shall
not be sold for off-premises consumption in packages containing less than a four (4) pack.
5. That no advertising of beer and wine shall be located, placed or attached to any location outside the
building; that any such advertising shall not be audible (inside or outside the building); and that any
indoor advertising shall not be visible to anyone outside the building.
6. That no display of beer and wine alcoholic shall be located outside the building or within five (5) feet
of any public entrance to the building.
7. That no beer and wine containers shall be_permitted outside the enclos_ed res.taurant (delicat~ssen}
area.
8. That there shall be no bar or lounge maintained on the property unless licensed by the Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
That the areas of beer and wine display shall not exceed twenty five percent (25%) of the total
display areas in the convenience market.
10. That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
11. That full and complete meals shall be served whenever the on-premises sale and consumption
privileges of the ABC license are being exercised.
12. That no amplified music shall be allowed on the premises at any time.
13. That no dancing shall be allowed on the premises at any time.
14. That there shall be no live entertainment of any type, including but not limited to live music, disc
jockey, karaoke, topless ente~tainment, male or female performers, or fashion shows.
15. That no person under twenty one (21) years of age shall be permitted to sell alcoholic beverages.
16. That no exterior vending machines (that is, vending machines located outside the building) shall be
permitted.
17. That no video, efectronic or other amusement devices or games shall be permitted on the premises.
18. That no pool tables or coin-operated games shall be maintained upon the premises at any time.
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19. That no roof-mounted balloons or other inflated devices shall be permitted.
20. That shopping carts shall be stored inside the building and there shall be no outdoor storage or
stacking of shopping carts.
21. That window signage shall be permitted provided that such signage shall not exceed ten percent
(10%) of the surface area of the window, and further provided that the Planning Department and the
Police Department shall review and approve the actual placement of the signage to ensure adequate
visibility into the business and to ensure maximum preservation of aesthetics in connection with the
building.
22. That the parking lot serving the premises shall be maintained with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of 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 illuminate adjacent properties.
23. That lighting in the parking area of the premises shall be directed, positioned and shielded in such a
manner so as not to unreasonably illuminate the window areas of nearby residences.
24. That no public telephones shall be maintained on the property which are located outside the building
and within the control of the applicant.
25. That the property shall be maintained in conformance with Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations, as approved by the Traffic and
__ Tran_.sportation Manager.. - - -
26. That the property shall be permanently maintained in an orderly fashion 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.
27. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3)
feet from all window areas.
28. That four (4) foot high street address numbers shall be maintained on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties.
29. That on-premises tables or seating areas for the consumption of food shall be limited to fifteen (15)
seats.
30. That 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 Nos. 1, 2, 3, 4 and 5, and as conditioned herein.
31. 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, regutation or requirement.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 11, 2003.
C IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTE T:
L
S NIOR 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 Ptanning
Commission held on August 11, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: FLORES, O'CONNELL
__ABSENT: COMM.ISSlO-NE~2S: BOSTWICK - - -
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~' day of
, 2003.
, ~n ~1/~ .. „
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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