Resolution-PC 2004-29~ i
RESOLUTION NO. PC2004-29
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING THE REQUESTED AMENDMENT TO RESOLUTION NO. PC91-87,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3420
WHEREAS, on June 17, 1991, the Anaheim City Planning Commission did, by its
Resolution No. PC91-87, grant Conditional Use Permit No. 3420 to permit a convenience market at 1523
West Katella Avenue subject to certain conditions of approval, including the following:
"3. That no fast-food service facilities shall be permitted in subject convenience market
unless a variance for parking is approved by the City Council, Planning Commission,
or Zoning Administrator or unless sufficient Code parking is provided.
4. That no alcoholic beverages shall be sold on the subject property."
WHEREAS, on November 16, 1999, the Anaheim City Council did, by its Ordinance No.
5706, amend subsection 18.06.050.020.022 (Retail Stores and Service Businesses-General) of Chapter
18.06 (Vehicle Parking and Loading Requirements) of the Anaheim Municipal Code to establish the
following parking requirement for Convenience Markets with take-out and/or food/meal service: 5.5
spaces per 1,000 square feet of gross floor area, plus 3 parking spaces for the first additional use, plus 1
parking space for each additional use thereafter, except that said additional spaces shall not be required
when the use is integrated within a commercial retail center; and
WHEREAS, the property is developed with a commercial center including La Estrella
Market which has a take-out restaurant service deli with seating for 26; that the zoning is CL
(Commercial, Limited); and that the Anaheim General Plan designates the property for Commercial
Professional land uses; and
WHEREAS, the petitioner requests deletion of Condition Nos. 3 and 4 of Resolution No.
PC91-87, adopted in connection with Conditional Use Permit No. 3420, to permit the retail sale of beer
and wine at an existing convenience market for off-premises consumption and for on-premises
consumption in the take-out restaurant service deli portion of the convenience market; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 22, 2004 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 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider
evidence for and against the proposed amendment to Conditional Use Permit No. 3420 and to investigate
and make findings and recommendations in connection therewith; and
W HEREAS, 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 amended, is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sections 18.03.030, 18.03.091, 18.06.050.020.022.0225
and 18.44.050.010 to wit: to permit the retail sale of beer and wine for off-premises consumption at an
existing convenience market and for on-premises consumption in the take-out restaurant service deli
which operates within the convenience market.
2. That the proposed amendment to this conditional use permit (to delete Condition Nos. 3
and 4 of Resolution No. PC91-87 pertaining to the retail sale of beer and wine for both off-premises and
on-premises consumption) is hereby denied on the basis that approval would adversely affect the
adjoining land uses and the growth and development of the area in which the use, as proposed to be
Tracking No. CUP2004-04829
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amended, is located because the property is located in close proximity to a residential neighborhood to
the north and an elementary school (Stoddard Elementary School) to the south across Katella Avenue.
3. That the restauranUdeli portion of this convenience market has been operating since
1999, however the maximum number of seats in such restaurant/deli area cannot exceed ten (10) due to
the number of on-site parking spaces in the retail center in which this convenience market is located and,
therefore, the number of seats within the restaurant/deli area must be reduced from twenty six (26) seats
to ten (10) seats in order to comply with subsection 18.06.050.020.022.0225 of the Zoning Code and as
discussed in paragraph (16) of the Staff Report to the Planning Commission dated March 22, 2004.
4. That the size and shape of the site for the use, as proposed to be amended, is not
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 of the Citizens of the City of Anaheim.
5. That amending this conditional use permit, as proposed, would be detrimental to the
peace, health, safety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the use, as proposed to be amended, would impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
7. That e-mail correspondence was received from the Superintendent of the Anaheim City
School District opposing the proposal and requesting that it be denied; that three people indicated their
presence at the public hearing in opposition to the request; that a petition was submitted with 71
signatures in opposition; and that an e-mail correspondence in opposition was received from an area
resident.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend or delete certain conditions of approval
adopted in connection with Conditional Use Permit No. 3420 to permit the retail sale of beer and wine for
off-premises consumption in an existing convenience market and for on-premises consumption in the
restaurant/deli area which operates said convenience market on property consisting of 0.57 acres located
at the northeast corner of Katella Avenue and Bayless Street, and further described as 1523 West Katella
Avenue; and does hereby find that the Negative Declaration previously approved in connection with
Conditional Use Permit No 3420 is adequate to serve as the required environmental documentation in
connection with this request 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 further 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 City Planning Commission
does hereby deny the request to amend Resolution No. PC91-87, adopted in connection with Conditional
Use Permit No. 3420, on the basis of the above-stated findings.
THE FOREGOING RESOLUTION was adopted ~t the Planning Commission meeting of
March 22, 2004. _ ,
~HAIRPERSON, ANAHEIM CITY PLANNi1GG COMMISSION
AT ST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 March 22, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, VANDERBILT-LINARES
NOES: COMMISSIONERS: FLORES, O'CONNELL
ABSENT: COMMISSIONERS: ROMERO
, IN WITNESS WHEREOF, I have hereunto set my hand this ~°~iay of
, 2004.
~1L /~ /' l) /I„ ,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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