Resolution-PC 98-101RESOLUTION NO. PC98-101
A FESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4026 BE GRANTED
WHEREAS, fhe Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain real p-operty situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHiP 4
SOUTH, RAN~E 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM,
COUNTY OF ORANGE, ST~TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
51, PAGE 10 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCR{BED AS FOLLOWS:
BEGINNiNG AT THE NORTHWEST CORNER O~ THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SAiD SECTION AS SHOWN ON A MAP OR TRACT
NO. 5162, FILED IN BOOK 302, PAGES 24 TO 29 INCLUSIVE OF MISCELLANEOUS
MAPS, IN THE OFFICE OF'THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID SOUTHVJF_ST QUAP,TER OF THE
SOUTHWEST QUARTER NORTH 89° 58' 11" EAST 60.00 FEET TO A POINT ON A
LINE THAT IS PARALLEL WITH AND DISTANT 60.00 FEET EASTERLY FROM THE
CENTERLINE OF BROOKHURST STREET AS SHOWN ON SAID MAP OF TRACT
5162; SAID POINT SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89° 58' 11" EAST
220.02 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG
THE WESTERLY LINE OF SAID TRACT SOUTH 00° 40' 06" V'JEST 378.83 FEET TO A
POINT ON LINE THAT A PARALLEL WITH 7HE DISTANT 32.00 FEFT NORTHERLY
FROM THE CENTERLINE OF BROOKMORE AVENUE AS SHOWN OiJ SAIQ TRACT
MAP; THENCE ALONG SAID PARALLEL LINE NORTH 89° 19' 54" WES'f 205.00 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS
OF 15.00 THE NORTHERLY TERMINUS OF SAID CURVE BEING TANGENT WITH
FIRST MENTIONED PARALLEL LINE; THENCE WESTERLY, NORTHWESTERLY AND
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00",
AN ARC DISTANCE OF 23.56 FEET; THENCE ALONG FIRST MENTIONED FARALLEL
LINE NORTH 00° 40' O6" EAST 361.15 FEET TO THE TRUE POINT OF BEGIN~ING.
WHEF2EAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 22, 1998 at 1:30 p.m., notice of said public he~~ ing 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 conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation r.nd study made by itseif
and in its behalf, and after due consideration of all e ~idence and reports offered at said hearing, does find .
and determine the following facts:
1. That the proposed use is ~~roperly one for which a conditional use permit is
au£horized by Anaheim Municipal Code Section 1f.44.050.195 to permit a 4,727 sq. ft, convenience
m~rket in an existing 24,341 sq. ft. commercial retail ~;enter with waiver of the following:
Sections 18.06.050.021 -
18.06.05Q.022
18.06.050.0'231
18.06.080
and 18.44.066.050
Minimum number of oarkinq sQaces.
148 required; 139 existing and concurred with by the City
Tra~c and 7ransportation Manager)
CR3341PL.~~,; CORREC7ED COPY PC98-101
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2. That the existing 24,341 sq, ft. commercial retail center was inadvertently advertised
as 25,095 sq. ft.
3. That the petitioner submitted a parking analysis which was approved by the City
Tra~c and Transportation Manager with the tinding that this proposal will not adversely affect the existing
parking supply if a minimum of 139 spaces are provided.
4. That the parking waiver, under ihe conditions imposed, will not cause fewer off-stree(
parking spaces to be provided for this commercial retail center than the number of such spaces necessary
to accommodate all vehicles attributable to businesses in the center under the normal and reasonably
foreseeable conditions of operation of the proposal because the site has more than adequate parking to
accommodate the center's peak parking demand; that the parking analysis indicates that the typical
parking demand of this existing commercial center is not more than the 139 spaces provided on-s;te; and
that there is ample parking and a surplus of spaces will be available even during peak hours because
customer visits to the propose~d convenience market will typically be very brief and some business is
generated by foot traffic.
5. That the waiver, under the conditions imposed, will not increase the demapd and
competition for parking spaces upon the public streets in the immediate vicinity of this commercial center.
6. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposal
(which property is not expressly provided as parking for such use under an agreement in compliance with
Section 18.06.010.020 of the Anaheim Municipal Code).
7. That the waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas provided for this commercial center; and that the proposed market will
have a negiigible impact on tra~c in the area because the supply of on-site parking spaces is greater than
the anticipated peak parking demand.
8. That the waiver, under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the oublic streets in the immediate viciniry of the proposed use
because the existing site development provides adequate ingress/egress from public streets, on-site
vehicular circulation and adequate parking for customers patronizing the combined uses in this center;
that the proposal will not impede vehicular ingress or egress because the project is not anticipated to
result in dem2nd for on-street parking; and that existing lines-of-sight and turning areas for the project
driveways on Brookhurst Street and Brookmore Avenue are unaffected by the proposal.
9. That the proposed use will not adversely afFect the adjoining land uses and the
growth and development of the area in which it is proposed to be located; and that tne convenience
market is compatible with, and will not cause a detrimental impact to, the nearby commercial and
residential land uses.
10. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the paricular area nor to the peace, health,
safety and general welfare; and that the proposed convenience market will occupy one existing tenant
space.
11. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and (mproved to carry the traffic in lhe area.
12. That granting of 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.
13. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CORRECTED COPY -2- PC9~1-101
CALIFORNIA ENVIRONMEN7AL QUALITP :,t'`7 FINDING: That the Anaheim City
Pfanning Commission has reviewed the proposal to permit a 4,727 sq. ft. convenience market in an
existinc~ 24,341 sq. ft. commercial retail center with waiver oE the minimum number of parking spaces on a
1.78-acre parcei located at the northeast comer of Brookhurst Street and Brookmore Avenue, with
frontages of 370 feet on the east side of Brookhurst Street and 210 feet on the north side of Brookmore
Avenue (888 South Brookhurst Street); and does hereby approve the Negative Deciaration 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 17 RESOLVED that the Anaheim City Planning Com,.:rssion
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 safety and general welfare of the Citizens of the City of Anaheim:
1. That there sha~l be no public telE~hones maintained on the property outside the building and not wlthin
the control of the applicant.
2. This proposed condition was deleted by the Planning Commission at the June 22, 1998, public hearing.
3. That a maximum of one (1) fascia sign shall be permitted for this convenience market.
4. That the trash bin area shall be maintained in a neat and clean condition at all times; and that the
business owner shall be responsible for maintaining the premises free of litter at all times.
5. That all deliveries shall be made to the rear of this convenience market.
6. That the existing three (3) foot wide Iandscape planters adjacent to Brookhurst Street and Brookmore
Avenue shall be refurbished with at least twenry nine (29), minimum fifteen (15) gailon sized,
broadheaded type trees (planted on a ratio of one (1) tree for every twenty (20) linear feet of street
frontage). A landscaping and irrigation plan for subject property shall be submitted to the Zon(ng
Division for review and approval. Any decision made by the Zoning Division regarding said plan(s) may
be appealed to the Planning Commission and/or City Council.
7. 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 dead.
8. That no video, electronic or olher amusement devices shall be permitted anywhere on the subject
property.
9. That lhe retail sale of alcoholic beverages and of prepared hot fast food shall be prohibited.
10. That the business hours of operation of this convenience market shall be limited to 9 a.m, to 9 p.m.,
seven days a week, as stated by the petitioner.
11. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional
Use Permit No. 1977 (permitting sales of beer and wine for on-premises consumption in a prior
restaurant at 888 South Brookhurst Street) and Conditional Use Permit No. 2317 (permitting sales of
beer and wine for on-premises consumption in a prior restaurant at 874-87F3 South Brookhurst Street).
12. That no banners, balloons or outdoor events shall be conducted unless a Special Event Permit is first
obtained to authorize such display or event.
13. That signage for subject faciliry shall be limited to what (s shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval
by the Planning Commission as a"Reports and Recommendations" item.
CORREC7ED COPY -3- PC98-101
14. That the business owner shall obtain a valid business license from the City of Anaheim Business
License Division, Finance Department. .
15. That building eievation pians incorporating any exterior shopping cart area shall be submitted to the
Zoning Division for review and approval by the Planning Commission as a"Reports and
Recommendations" item; and that shopping carts shall be stored inside the building at all times unless
an exterior shopping cart containment area is approved by the Planning Commission.
16. That no vending machines of any kind shall be permitted outside the building.
17. That window signs shall be prohibited to ensure visibility to the interior of this convenience market from
outside.
18. This proposed condition was de/eted by the Planning Commission at the June 22, ?998, public hearing.
19. That trash storage areas shall be provided and maintained in a location acceptabie to the Public Works
Department, ctreets 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 piant materials such as clinging vines or tall shrubbery. Said
information shall be specifically shown on the plans submitted for Public Works Departrrent, ~.treets
and Sanitation Division, for approval.
20. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Pubiic Works Department, 5treets and Sanitation Division, for review and approval.
21. That an on-site trash truck turn-around area shall be provided in accordance with Er~gineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on pians submitted to the Public
Works Department, Streets and Sanitation Division, for review and approval.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians are on file with the Pianning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
23. That prior to the commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 3, 6, 11, 13, 14, 15, 19, 20,
21 and 22, above-mentioned, shall be complied with. Extensions for further time to complete safd
i:onditions may be granted in accordance wifh Section 18.03.090 of the Anaheim Municipal Code.
24. That approval of this application constitutes approval of lhe proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
reguiations. Approvai does not include any action or findinc~s as to compliance or approval of the
request regarding any other applicable ordfnance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commissfon does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereef,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction. :hen this
Resolution, and any approvals herein contained, shall be deemed null and void.
CORRECTED COPY -4- PC98-101
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 22, 1998.
V~/.~!~~ ~L L ~ ~
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~'~nn~ah~ ~~
SECRETARY, AN/~iEIM CITY PLANNING COMM~SSION
STATE OF CALIFORNIA )
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
Commission held on June 22, 1998, by the follouving vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ,~L day of '~~~
1998.
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SECRETARY, A(~71HEIM CITY PLANNING COMMISSION
CORRECTED COPY -5- PC98-101