Resolution-PC 97-42~ ~
RESOLiJTION NO. PC97-42
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSiON
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3921 BE G.RANTED
WHEREAS, the Anaheim C'rty Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Cfry of Ansheim, Counry of Orange, State
of Califomia, described as:
THE WFST 317.00 FEET OF THE SOUTH 283.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTInN 5, TOWNSHIP 4
SOUTH RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP
RECORDED IN BOOK 5 i, PAGES(S) 10, STATE OF CAUFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE(S) 10, MISCELLAMEOUS MAPS, IN THE OFFIC~
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTER.~iECTION OF THE NORTH UNE OF THE SOUTH
53.00 FEET WITH THE EAST LINE OF THE WESTERLY 190.00 FEET OF SAID
SECTION, THENCE NORTH 0 DEG. 19' 44" WEST ALONG SAID EAST LINE
107.00 FE;'T TO A POINT 40.00 FEET SOUTHERLY OF THE NORTHERLY UNE
OF THE SOUTHERLY 200.00 FEET; THENCE NORTH 45 DEG. 16' 14" WEST
56.63 FEET TO A POiNT IN THE NORTHERLY LINE OF SAID SOUTHERLY 2Q0.00
FEET, SAID POINT BEING 40.00 FEET WESTERLY OF SAID EAST LINE OF SAID
WESTERLY 190.00 FEET; THENCE SOUTH 89 DEG. 46' 26" WEST ALONG LAST
MENTIC~NED NORTHERLY LINE 90.00 FEET TO A POINT I~ THE EASTERL.Y
LINE OF THE WES7E9LY 60.00 FEET OF SAID SECTION; THENCE :iOUTH Q
DEG. 19' 41" EAST ALONG LAST MENTIONED EASTERLY LINE 122.00 FEE-f A
POINT 25.00 FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTH 53.00
FEET OF SAID SECTiON; THENCE SOUTH 46 DEG. 23' 58" EAST 36.10 FEET
TO A POINT IN SAID NQi':iH LINE OF SAID SOUTH 53.00 FEET' OF SAID
SECTION, SAID POINT BEING 26.00 FEET EASTERLY OF SAID EASTERLY LINE
OF THE WESTERLY 60.00 FEET OF SAID SECTION; THENCE NORTH 89 DEG.
46' 26" EAST ALONG LAST MENTIONED NORTH LINE 104.00 FEET TO THE
POINT OF BEGINNING.
ALSO EXCEPT THAT PORTION THEREOF DE~CRIBED IN A DEEO TO THE
STATE OF CAUFORNIA RECOR~ED IN BOOK 11088, PAGE 1871, OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission dfd hold a public hearing at the CNfc Center
in the City of Anaheim on March 17, 1997 at 1:30 p.m., notice of sa(d public h2aring having been duly
given as requfred by law and in accordance wfth the provisions of the Anahefm Municipal Code, Chapter
18.03, to hear and consider evidence for and aga(nst said proposed conditional use permit and to
inves[(gate and make flndings and recommendatfons ir, connection therewfth; and that said public hearinq
was continued to the March 31, and the April 28, 1997 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 ail evidence and reports offered at said hearing, does find
and determine the foilowing facts:
CR2880PLWP -1- PC97-42
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1. That tha proposed use is propedy one for which a conditional use permit is suthorized by
Anaheim Municipal Code Sections 18.44.050.193 and 18.44.050.195 to permit a 2,200 sq.ft. convenience
market in an existing commsrcial retail ceMer with sales of alcoholic beverages for off-premises
consumption and with waiver of the fdlowing
Sections 18.06.050.022 - MEnimum number of oarkina soaces.
18.06.050.0225 71 required; ~0 existing and approved by the
18.06.050.0231 City Traffic and Transporfation Manager)
18.06.050.0233
18.06.0
arw 18.44.066.050
2. That the parking waiver is hereby deniod on the basis that the waiver was withdrawn
following public notiflcation;
3. That the proposed use is properly one for which a cor.dit(onal use permft (s suthorized by
the Zoning Code;
4. That the proposed use wiil not adversely affect the adjoining land uses and the growth and
developme~t of the area In which ft is proposod to be located; and that the cornenience market is
compatible wfth nearby commercia! land uses and resident(al zo~ies and ts consistent wRh similar rypes
of land uses located at the fntersection of many arteriat highways throughout Anaheim;
5. That the size and shape of the site for the proposed use is adequate to allow the fuil
clevelopment of the prapossd use in a rrwnner not det~imental to the particular area nor to the peace,
fiealth, safety and general welfare because said proposal has adequate ingress/egress ftom public streets
and on-site vehicular circulation, and adequate parking for customers patronizing the combined uses;
6. That the traffic generateci by the proposed use vrill not impose an undue burden upon the
streets and highways ~3esigned and improved to car!y the traffic in the area because the proposed
convenience market would have a negligible Impact to trafflc in the area;
7. That the granting of the condftional use permft, under the condftions Imposed, will not be
detrimental to the peace, health, safery and general welfare of the cftizens of the Ciry of Anaheim; and
8. That no Ane indfcated their presence at said publ(c hearing in opposition; and ihat no
currespondence was received in opposftion to the subJect petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has revfewed the prop~osal to permft a 2,200 sq.ft. cornenience market in an existing
commercial retail center wfth saies of alcohd(c beverages for off-premises consumpt(on and wfth waiver
of minimum number of parking spaces on a 0.91 acre irregularly-shaped parcel of land located north and
east af the northeast comer of Brookhurst Street and La Palma Aven~e with ftontages of 83 feet on the
east s(de of Brookhurst Street and 127 feet on the north side of La Palma Avenue (1112 North Brookhurst
Street, Sufte 1- Cheers Market); and does hereby approve the Negatlve Declaration upon ftndfng that the
declaratio~ reflects the independent judgement of the lead agency and that it has considered the NegaCNe
Declarat(on together wfth any comments received during the public review process and further flnding on
the basis of the initfal sturly ar~ any comments received that there is no substamiai evklence that the
project will have a signfficant effect on the ernironment.
-2- PC97-42
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NOW, THEREFORE, BE IT RESOLVED that the Anahe(m City Planning Commission does
hereby grant subject PetRion for Conditional Use Permit, upon the following condRions ~nrhich are hereby
found to be a necessary prorequisfte to the proposed use of the subJect property in order to preserve the
safety and general welfare of the Cftizens of !he Ciry of Anaheim:
1. That the euisting exterior puh~ic telephone(s) shall be removed; and that no t3~.tbtic telephones shall
be maintatned on the property if located outs(de the building and writhin the corrtrd of the applicarrt.
2. That no sales of hot food ~r sales of self-serve soft drinks shall be permitted unless Code-required
parking is provkl~ + or a wafver of minimum number of parking spaces is obtalned.
3. That the "false' wall adJacent to, and west, of the main errtrance to the business shall be removed
because ft constitutes a nuisance ff ft conceals unlawful activity and loitering.
4. That a landscape plan for the entire site shall be submitted to the Zoning Division, Planning
Department, specffying rype, size and location of existing and proposed refurbished landscapfng and
irrigaticn for review and approval by the Planning Commission as a'Reports and Recommendations'
item. Said landscaping shall include at least one (1), mfnimum fHteen (15) gallon sized, tree and two
(2), minimum frve (5) gallon sized, shrubs in the weste~fy planter adjacent to Brookhurst Street.
Following approv~l, the landscaping shall be planted, irrigated and maintained, In accordance with
the approved plan.
5. That no window signs shall be permitted at any time In order to maintain unobstructed visib(Ifty into
the store interior irom the outside, as recommended by the Police Department.
6. That th2re stiall be no coin-operated games maintained upon the premfses at any time.
7. That the sale of alcoholic beverages for off-premises consumption is hereby granted for a period of
two (2) years, to expire or. Apr(I 28, 1999.
8. That any tiee or other landscaping planted on-sfte shall be replaced in a timely manner in the event
that it (s removed, damaged, diseased and/or dead.
9. That the business hours of the subject bus(ness shall be Umited to 8 a.m. ta 1~! p.m.
10. That subject property shall be developed substantially in accardance with plans and specffications
submitted to the Ciry of Anaheim by the petftioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, except as otherwise condRioned herein.
11. That priar to commencement of the activity authorized by this resolutlon, or prior to lssua~ce of a
building permft, or within a perlod of one (1) year from the date of this resolution, wh(chever occurs
first, Condition No. 4 above-mentioned, shall be complied with. Extensions for further time to
co~rplete said conditions may be granted in accordance with Sect(on 18.03.090 of the Anaheim
Nunicipa! Code.
12. That prior to the commencement of the actfvity authorized by ihis resolution or p~ior to finai buflding
and zoning insp~ctlons, whichever occurs flrst, Condition Nos. 1, 31U and 15, above-meMioned, shall
be complfed with.
13. That approval of this application constftutes approval of the proposed request only to the exterrt that
it complies wfth the Anahefm Municipat Zoning Code and any other applicable Ciry, State and Federal
regulations. Approval does not indude any actton or findings as to compl(ance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
~q- PC97~2
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14. That no alcohoifc beverages shall be consumed on the property.
15 luminate and~make easily dfscemible the appearance and co uct 9allipersons on,i or about,rthe
{~+arking lot. Said lighting shall trz directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
16. That there shall be no pooi tables maintained upon the premises at any time.
17. That there shall be no coin-operated games ma'.ntained upon the premises ai any time, wfthouc
issuance of proper permits as required by the Anaheim Municipal Code.
18. That the area of alcohdic beverage displays, including beer and/or wlne displays, shall not exceed
twenry fNe percent (25%) of the total display area in the buiiding.
19. That ihe sales of alcoholic beverages shail not exceed thirty froe percent (35~) of the gross sales of
all retail sales during any three (3) month period. Thb applicant shall maintain records on a quarterly
shall be atde available, subjec~ to audit and, when ~oiquested nspectiont by any City of Anahei~m
official during reasonable business hours.
BE IT FI:RTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby find
and determine that adoptfon of this Resolution is expressly predicated upon applicanYs compliance wi[h
each aixl all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or une~orceable by the finai judgment of any court of competent juri.sdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLlJTION was adopted at the Planning Commission meeting of
April 28, 1997. ~ I ,
ji(.
CHAIRPERSON ANAHEIM TY PLAt~NiNG COMMISSION
ATTES . ~
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SECR ARY, NAHEIM CITY PIANNING COMMISSION
STATE OF FORNIA )
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 and adopted at a meeting of the Anaheim City Planning
Commisslon held on April 28, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE
NOES: COMMISSIONERS: PERAZA
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~
1997. ~y~3~~
SECRETARY, NAHFIM CITY PLANNING COMMISSION
~_ PC97-42