Resolution-PC 2007-49. ~
. RESOLUTION N0. PC2007-49 :
A RESOLUTION OFTHE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006=05164 BE GRANTED
(508 NORTH EAST STREET)
WHEREAS, the Anaheim 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
THE SOUTHERLY 249.75 FEET, MEASURED FROM THE CENTERLINE OF SYCAMORE '
STREET, LYING WESTERLY OF A LINE PARALLEL WITH AND SOUTM 74° 31' 10" ~NEST
515.00 FEET FROM THE ~ASTERLY LINE_OF LOT 1 OF ANAHEIM EXTENSION, IN TME CITY
OF ANAHEIM, COUNTY OF pRANGE, STATE OF CALIFORNIA, AS PER MAP qF SURVEY
MADE BY WILLIAM NAMEL IN 1968, AND FILED FpR RECORD 1N LOS ANGELES COUNTY, A
COPY OF WHICH IS FILED IN THE OFFICE OF TME COUNTYRECORDER qF ORANGE
COUNTY, pN PAGES 163 AT SEQ. OF BQOK 3 ENTITLED LOS ANGELES CO(1NTY MAP.
EXCEPT THE SOUTMERLY 5.25 FEET, THE SOUTHERLY LINE OF WM1GH IS THE
NORTHERLY LINE OF SAID SYCAMORE STREET.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 8, 2007, at 2:30 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 18.60, 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 that said public hearing was contin~ed to
the MarcM 5, March 19; April 2, and May 14, 2007, Planning Commission meetings; 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 No, 18.08.030.040.0402 (Alcoholic Beverage Sales-Qff-Sale, Wlarkets-
Small and Commercial Retail Centers) to permit the expansion of an existing legal non-conforming market
with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing
legally non-conforming commercial retail center.
(a) SECTION NO. 18.42.040A10
Minimum number of parkinq spaces.
Wi_thdrawn b~r,Applicant.
(b) SECTION NO. 18.08.060.010.0101 Minimum landscape setback.
(15 feet required; 11 feet 9 inches
proposed)
2. That the above-mentioned waiver (a) is hereby denied because it has been withdrawn by the
applicant.
3. That the above-mentioned waiver (b) is hereby approved as there are special circumstances
that apply to the property as the existing building constrains the ability to provide the minimum setback while
also providing required parking. Additionally, the modifications to the parking lot would increase the
landscaping along East Street and is greater than what is currently provided. The proposed landscape
setback enhances the property and brings the property into greater conformance with code. Furthermore,
properties in the vicinity along East Street provide less)andscaping than what is proposed.
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4. That the request for conformance with Code for the sales of beer and wine for off-premises
consumption within the existing Jegally non-conforming market would not be detrimental to adjoining land
uses as conditioned because the business currently holds a Type-20 ABC license and ABC has indicated the
business is compliance with the existing license. In addition, #he Police Department indicates that this
property received three (3) calls for service within the last year none pertaining to beer or wine sales.
5. That the expansion of the existing market will not adversely affect the adjoining land uses
and the growth and development of the area in which the market is located because the use is an existing -
legal non-conforming market which as conditioned, will not have a negative impact on the surrounding area
and beca~se the expansion will comply wi#h code requirements.
6. That the size and shape of the site for the combined uses within the commercial retail center
is adequate to allow full development in a manner not detrimental to the particular area nor to the health and
safety of the citizens of the City of Anaheim and would cpmply with all provisions of the Zoning Code.
7. That no one indicated their presence atsaid public hearing in opposition; and that no
correspondence was received in opposition to the subject petition. A person indicated that their previous '
concerns raised at the1ast public ~iearing have been resolved.
' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding ';
that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and it~rther
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 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution whichSever occurs first the followina conditions shall be complied with:
1. That the number of tenant spaces shall be limited to nine (9) as indicated on the site plan exhibit
submitted by the applicant. Said information shall be specifically shown on plans submitted for building
permits.
2. That a minimum of 77 parking spaces shall be maintained on-site. Said information shall be
specifically shown on plans submitted for building permits.
3. That all fixtures, displays, merchandise and other materials in excess of three (3) feet in height shall be
setback a minimum ofithree (3) feet from all window areas. Said information shall be specifically
shown on plans submitted for building permits.
4. That the trash enclosure shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located, and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted
on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans
submitted for Streets and Sanitation Division approvaL
5. That any new roof-mounted equipment shall be screened from view in accordance with the
requirements of the Anaheim Municipal Code Section No. 18.38.170 pertaining to the C-G (General
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Commercial) Zone. Said information shall be specifically shown on plans submitted for building
perm its.
6. That four (4) foot high street address numbers shall be displayed on the roof of the main building in a
contrasting color to the roof materiaL The numbers shall be Visible to adjacent streets or properties.
Said information shall be specifically shown on plans submitted to the Pofice Department, Community
Services' Division, for review and approvaL
7. That the property owner shall submit a letter requesting termination of Conditional Use Permit Na
2315 (to permit on=sale beer and wine in an existing restaurant), Conditional Use Permit No. 1409 (to
establish a church with waiver of minimum number of required parking spaces) and Conditional Use
Permit No. 813 (to permit a restaurant with on-sale beer and wine wifh waiver of minimum required -
number of parking spaces) to the Planning Services Division. ;
Prior to final buildinq and zonina inspections the followinq conditions shall be complied with:
8. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the Gity of Anaheim by the applicant and which plans are on file with the Planning
pepartment marked Exhibit Nos. 1 through 6, and as conditioned herein.
General Conditions:
9. That no outdoor vending machines shall be permitted on the property that are visible to the public right-
of-way. :
10. That there shall be no public telephones on the premises located outside the building.
11. That activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
12. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
13. That there shall be no outdoor storage permitted on the premises.
14. That all trash generated from the market and commercial retail center shall be properly contained in
trash bins located 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 Community Preservation Division of the Planning Department shall
determine the need for additional bins or addition pick-up. All costs for increasing the number of bins
or frequency of pick-up shall be paid by the business owner.
15. That. the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of discovery.
16. That the parking lot shall be maintained in good condition free of trash and debris.
17. That the sales of beer and wine shall be permitted only between the hours of 7:30 a.m. and 8:30 p.m.
18. That the sales of beer and wine 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 beer and wine 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.
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19. That no advertising of beer or-wine be located, placed or attached to any location outside the building,
and #hat any such advertising shall not be audible (interior or exterior).
20. That no beer and wine shall be consumed on the premises.
21. That no video, electronic or other amusement devices or games shall be permitted anywhere on the
subjecf property unless required permits are obtained from the Business License Division.
22. That no display of beer or wine shall be located outside the building or within five (5) feet of any public
entrance to the building.
23. That the areas of beer or wine displays shall not exceed twenty-five percent (25%) of the total display
area in the building.
24. That beer and malt beverages shall not be sold in packages containing less than a four (4) pack, and
that wine coolers shall not'be sold in packages containing less than a four (4) pack.
25. That no wine shall be sold in bottles or containers smaller than 750 mL
26. That no person between eighteen (18) and twenfy-one (21) years of age shall sell or be permitted to
sell any alcaholic beverage up to 10 p.m. unless a supervisor twenty-one (21) years or older approves
the transaction. '
27. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcohoL
28. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises.
29. That within 60-days from the date of this resolution all window signs, graffiti, outdoor storage and
unpermitted structures attached to building, vending machines and telephone booths shall be removed
in compliance with code.
30. That the market and commercial center shall maintain and implement a parking permit and rideshare
program for its employees and shall provide security cameras on Glenwood Avenue as identified by
the applicant in the letter dated May 28, 2007, submitted to the Planning Commission.
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, regulation orrequirement.
32. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE 1T FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's 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.
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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 or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in th~ issuance ofrequired permits or the revocation of the approval of this application.
THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal rocedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIRM N, A AHEIM PLANNING COMMISSION
ATTEST:
/C~ ~~- /yLu'~'ti'`'v
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE , ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL; FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~?~'~ day of
~u h.` , 2007. '
,
/~JV~~1Mc
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION