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Resolution-PC 98-167RESOLUTION NO. PC98-167 A RESOLl,;TION OF THE ANAHEIM CITY PIANNING COMMISSION THAT PETITION FUR CONDITIONAL USE PERMIT NO. 4050 BE GRANTED, IN PART WHEREAS, the Anaheim City Pianning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State af California, described as: LOT 1 OF TRACT NO. 3886, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES 8, 9 AND 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNfA. EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE NORTHERLY 120.00 FEET, SAID 130.00 FEET AND 120.00 FEET BEING MEASURED FROM THE TANGENT PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF SAID LOT 1. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheirn on Or,tober 12, 1998 at 1:30 p.m., noiice 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the public hearing was continued to the meeting of October 26, 1998; and WHEREAS, said Gommission, 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 proposai ~a oroperly one for which a conditionai use permit is authorized by Anaheim Mimicipal Code Sections 18.44,050.010, 18.44.050.135, 18.44.050.193 and 18.44.050.195 to establish conformity with Zoning Code lario use requirements for an existing commercial center, a 2,200 sq.ft. meat and produce market and a 2,340 sq.ft. convenience market with retail sale of alcoholic beverages for off-premises consumption, and to permit the sale of beer and wine for on-premises consumption in an existing 5,005 sq.ft. billiard hall, with waiver of the following: Sections 18.06.050.022 - Minimum number of ~arkina soaces. 18.06.050.0233 153 required; 18.06.050.0235 99 existing and concurred with by the City Traffic and 18.06.050.0236 Transportation Manager) 18.06.080 and 18.44.066.050 2. That the 2,340 sq.ft. convenience market was inadvertently advertised as 2,610 sq.ft.; and that the retail sale of alcoholic beverayes from the convenience market for off-premises consumption was inadvertently not advertised, however, it is an existing non-conforming use which was established prior to ihe current Zoning Code regulation regarding the retail sale of liquor. 3. That this use permit is granted, in part, denying the sale of beer and wine for on-premises consurnption in the existing billiard hall because approval would adversely affect the surrounding area and further strain said area, whir,h already has a high crime rate (353% above the average for the City of Anaheim). 4. That the parking waiver, under the conditions imposed, will not cause fiewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate CR3461 PK.DOC -1- PC98-167 ali vehicles attributable to the proposa! under the normal and reasonably foreseeabie conditions of operation of such use. 5. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposai. 6. That the waiver, under the conditions imposed, will not inc: the demand and competition for parking spaces upon adjacent private property in the immed:,_,a vicinity of the proAOSaI (which property is not expressly provided as parking for such use under an agreemznt in compliance with Section 18.06.010.020 of the Zoning Code). 7. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposal. 8. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of tre proposal. 9. That the existing non-conforming uses tvill not adversely affect the adjoining land uses and the growth and development of the area in which they are located. - 10. 7hat the size and shape of the site for the non-conforming uses is adequate to allow full development in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 11. That the traffic generated by the existing non-conforming uses will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. i 2. That granting of this conditional use permit, under the conditions imposed, will not be detrimental te the peace, health, safety and general welfare oF the citizens of the City of Anaheim. 13. That three people ine~icated their presence at the public hearing in opposition; and that no correspondence was received in opposition to this pPtition. CALIFORNIA ENVIRONMENTAL QUNUTY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish conformity with the existing Zoning Code land use requirements for an existing commerci2l center, a 2,200 sq.ft. meat and produce market and a 2,340 sq.ft. convenience market with sales of alcohoiic beverages for off-premises consumption, and to permit the sale of beer and wine for on-premises consumption in an existing 5,005 sq.ft. billiard hall, with waiver of minimum number of parking spaces on a irreguiarly-shaped 1.49-acre property located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, with frontages of 130 feet on the south side of Lincoln Avenue and 190 feet on the east side of Westchester Drive (Centralia Center at 3240-3268 West Lincoln Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reFlects the independentjudgement of the lead agency and tliat it has considered the Negative Declaration together with any comments received during the public review process and fu~ther 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 Pianning Commission does hereby grant subject Petition for Conditional Use Permit, in part, 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: COMMERCIAL CENT~R That trees shall be planted in the existing plenter areas adjacent to Westchester Drive and Lincoln Avenue and within the parking lot. Specific plans for the right-of-way trees shall be submitted to ~2" PC98-167 the Zoning Division (Planning Department) and the Community Development ~eparment for review and approval. Said trees shall be planted within one (1) month from the date of plan' approval. 2. That trees shall not be unreasonably trimmed to afford increased visibility of the facility. 3. That trash bins/barrels shall be stored out of the public's view. 4. That any existing or future public telephone(s) shall be located inside the Fuilding. Existing exterior telephones shail either be removed or placed inside the building. 5. That any roof-mounted equipment including the existing satellite dish antenna shal! be subject to the screening requirements of Anaheim Municipai Code Section 18.44.030.120. Such information shall be specifically shown on the plans submitted to the Zoning Division for review and approval. The appropriate building permit(s) shall be obtained from the Building Division and the approved screening shall be constructed within one (1) month after issuance of the building permit(s). 6. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. - 7. That no outdoor vending machine or water machine shall be visible to any public right-of-way. 8. That all un-permitted signs on the freestanding sign, all un-permitted wall signs and all un- permit'ed window signs shall be removed, or the appropriate permits shall be obtained from the Building Division. 9. That any tree planted on-site shali be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 10. That all trash generated by the markets shall be properly contained in irash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shali be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Fnforcement Division (Planning Department) will determine the need for additionai bins or additional pick-up. All cost for increasing the number of bins or additional frequency of pick-up shall be paid by the business owner. 11. That all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times. 11(a). That within a period of one (1) month from the date of this resoiution, final sign plans showing a refurbished free-standing sign, including removal of any portions of the sign that no longer pertain fo the property, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and Recommendations" item. CONVENIENCE MARKET WITH RETAfL SALE OF ALCOHOLIC BEVERAGES FOR OFF- PREMiSES CONSUMPTION 12. That no video, electronic or other amusement devices or games shall be permitted in the convenience market. 13. That tne. sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all retail sales at the com~enience market during any three (3j month period. The applicant shall maintai~ records on a quarterly basis showing the separate amounfs of sales of alcoholic beverages and other items. These records sheli be subject to audit, and made available, when requested by any City of Anaheim o~cial during reasonable business hours. "3" PC98-167 14. 'That the retail sale of alcoholic beverages (for off-premises consumption) at the convenience market shall expire one (1) year from the date of this resolution on October 26, 1999. 15. That no advertising of alcohol shall be located, piaced or attached to any location outside the convenience market building; and that no such advertising shall be audible to either the interlor or exterior of the building. 16. That no alcoholic bsverages shall be consumed on the premises. 17. That the parking lot serving the convenience market premises shaA be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of ail persons on or about the parking lot. Said lic~hting shall be directed, positioned and shielded in such a manner so as not to unreasonably iliuminate the window areas of adjacent properties, and that said lighting information shali be specified on plans submitted for building permits. 18. That the applicant shail be responsible for maintaining thie premises free of litter at all t~mes. 19. That no dispiay of beer or wine shall be located outside the convenience market or within five {5) feet of any public entrance to the convenience market. 20. That the areas of alcohol dE~;isays in the convenience market shall not exceed twenty five percent (25°b) of the total display area in the market. 21. That the sale of alcoholic beverages shall be made to customers oniy when the customer is inside the convenience market. 22. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 23. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 23(a}. That retail sale of alcoholic beverages (from the convenience market) for off-premises consumption shall be permitted only between the hours of 8:00 a.m. to 11 p.m. 23(b). That any existing or future pubiic telephone(s) shali be located inside the building. Existing exterior telephones shall be either removed or placed inside the building. MEAT AND PRODUCE MARKET 24. That no video, electronic or other amusement devices or games shall be permitted. BILLPARD HAl.L WITH SALE OF BEER AND WI~~ ~OR ON-PREMISES CONSUMP710N 25. (Proposed Condition No. 25 was deleted at the Planning Commission public hearing.) 26. That window signs shall be prohibited. 27. (P~oposed Condition No. 27 was de/eted af the Planning Commission public hearing.) 28. That there shall be no live entertainment, amplified music or dancing permitted on the premises of the billiard hall at any time without the prior issuance of proper permits as required by the Anaheim Municipal Code. 29. That the activities occurring in conjunction with the operation of the billiard hall shall not cause noise disturbance to surrounding properties. '4" PC98-167 30. 'fhat all doors serving the billiard hall shali comply with the requirements of the Uniform Ffre Code and shall be kept closed and untocked at ali times during hours of operation except for ingress/egress, deiiveries and in cases of emergency. 31 • That the parking lot senring the billiard hall premises shali be equipped with lighting of sufficient power to illum?nate and make easily discernible the appearance and cor.duct of ail persons on or about the parking lot. Said lighting shall be directed, positioned and shie!ded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 32. That there shall be no pool tabies, amusement devices or games maintained inside the billiard hall without the prior issuance of propor permits as required by tne Anaheim Municipal Code. 33. (Proposed Condition No. 33 was deleted at fhe Planning Commission public hearing.) 33(a). That any existing or future public telephone(s) shall be located inside the billiard hall building. Existing exterior telephones shall either be removed or placed inside the buiiding, 33(b). That the retail sale of beer and wine for on-premises consumption shall be prohibited in the billiard hall. 34. 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 No. 1, and as conditioned herein. 35. That within a period of one (1) month from the date of this resolution, Condition Nos. 1, 4, 5, 7, 8, 11(a), 17, 23(b), 30, 31 and 33(a), above mentioned, shali be complied with. 36. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anahe(m fl~unicipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or app~ oval of the request regarding any other applicable ordinance, regulation or requirement. 37. That prior to commencement of any activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 13 and 34, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension of time fs requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determino that adoption of this Resolu!ion is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, bo declared invalid or unenforceable by the final Judgment af any court of competent jurisdiction, then this Resolution, and any approvats herein contained, shall be deemed n II and void. THE FOREGOING RESOLUTION as opted att Plan~ing Commission meeting of October 26, 1998. ~ i ~ CHAi E ON, AHEIM CITY PLANNING COMMISSION FiT C' FY. ~"'l/l.t/ ~ SECRETARY, NAHEIM CITY PLANNING COIViMiSSION "5' PC98-167 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 Commiss(on held on October 26, 1998, by the following vote of the members thereof: AYEB: COi1AMISSIONER5: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS y~~~~_~,~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~.J~ day of _ / DU~A7I _ I~ , 1998. --~-~ .~ S'o~ SECRETARY,IANAHEIM CITY PLANNING COMMISSION LJ -6- PC98-167