Resolution-PC 98-94RESOLUTIQN NO. PC98-94
A RESOLUTION dF THE ANAHEIM CITY PLANNING COMMISSIO~I
THAT PETITION FOR CONDlTIONAL USE PERMIT NO. 4029 BE GRANTED, IN PART
WHEREAS, the Anaheim City 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:
PARCEL NO. 2, AS SHOWN ON A MAP FILED IN BOOK 16, PAGE 46 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 8, 1998 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 Municipai 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 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 18.44.050.195 to permit a 2,480 sq. ft. convenience market with retail
sales of alcoholic beverages for off-premises consumption within an existing 15,300 sq. ft. commercial
center with waiver of the following:
Sections 18.06.050.022 - Minimum number of parking soaces.
18.06.050.0225
18.06.080
and 18.44.066.050
2. That the waiver of minimum number of parking spaces is denied because it was deleted
following public notification.
3. That the proposed retail saie of alcoholic beverages for off-premises consumption is
denied because it will adversely affect adjoining iand uses and the growth and development of the area in
which it is proposed to be located, and based on current efforts by the City to improve land use
compatibility in this area of west Anaheim, and further based on the Police DepartmenPs recommendation
to deny because there is an aver-concentratio~: of Alcoholic Beverage Gontrol licenses (4 permitted, 5
iscued) and an above-average crime rate (229%) in the irtimediate are~ 3s compared to t'ne City as a
whole.
4. That the proposed use, as approved, will not adversely affect adjoininc~ land uses and the
growth and development of the area in which it is proposed to be located because the convenience
market, as approved, is compatible with nzarby commerciai and multiple family residential uses.
5. That the size and shape ot the site for the proposal, as granted, is adequate to allow full
develapment in a manner not detrimental to the particular area nor to lhe peace, heallh, safety and
general welfare because adequate ingress/egress is provided from public streets and for on-site vehicular
circulation, and that adequate parking is provided for customers patronizing this commercial center.
CR3324PL.DOC -1- PC98-94
6. That the traffic generated by the proFo:~sd ~ts~s. ~~ grante~, ~;~ili -i~at :r:~pose an ~ndue
burden upon the streets and highways designed arsl improve~ to carry the traffiC in t"oe area bec.a~se the
proposed convenience market will he;~e neciiaible im~ac: en treffic.
? That granting of this cnndi~~~nal uso nc-rmit, under the conditians ~mposed, ••nrill not be
defrimentai to the peace, health, safety anr! ~er.^r~l weifare of the citizens -•`4~? C;:, o; .Ar~aheim.
8. That no one indicated their prv ~enct~ at the publi~ hear:i ,cs ir• cppQSiEion; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIF, ENVIRONMENTAL QUALIT~i F~Ci FINUING: That the Anaheim City
Planning Commission has reviewed the proposal {.Q ~,erm~t a 2,43u sc~. ft. convenience market with retail
sales of alcoha~ic beverages for off-premises consumption within ...i exa~;ing 15,300 sq. ft. commercial
center with waiver of minimum number of parking spaces on a 1.1'L-acre: parcel located on the west side
of Laxore Street between Lincoln ~venue and Embassy Avenue, 4vith fron~~ges of 85 feet on the wes'
side of Laxore Street, 258 feet on the north side of Embassy A~~..~e, and 148 feet on the south side of
Lincoln Avenue, and further described as 2960 West Liacoln Avenue (Suites I and J); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the Iead agency and that it has considered the Negative Deciaration fogether 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 C~mmission
does hereby grant subject Petition for Conditionai Use Permit, !n 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
presei oe the safety and general welfare of the Citizens of the City of Anaheim:
1. That there shall be no public telephones maintained on the property that are located outside the building
and within the applicanYs control.
2. That no window signs shall be permitted at any time to allow unobstructed visibility of the store interior
from the outside.
3. That a maxirrum of one (1) fascia sign shall be p~rmitted for tho subject convenience msrket. The two
(2) existing fas4ia signs shall be removed. Any future signs sha1P be subject to the review and approval
of the Planning Commission as a"Reports and Recommendaiir:;;s" item.
4. That a lighting plan specifying adequate lighting for the south parking lot shall be submitted to the
Planning Department for review and approval by the Zoning Division, Code Enforcement Division 2nd
the Anaheim Police Department.
5. That lhe existing landscaping planters adjacent to Lincoln Avenue, Laxore Street and Embassy Avenue
shall be planted with minimum fifteen (15) gallon sized, broad headed trees at intervals not to exceed
twenty (20) feet on-center. Landscaped pockets with clinging vines shall be installed along the south
side of the subject huildings. A landscaping and irrigation plan for the subject property shall be
submitted to the Zoni~ig Division for review and approval. Any decision made by tha Zoning Division
regarding said plan may be appealed to the Planning Commission and/or City Council. Once approved,
the landscaping shall be installed a,:~ maintained (n accordance with the plan.
6. That any tree or other landscaping pianted on-site shall be repl~ced in a timely manner in the event that
it is removed, damaged, d~;~,,ased, and/or dead.
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7• That no video, electronic, or other amusement devices shall n~i be permitted anywhere on the subject
property.
8, 9 and 10. (Condition Nos. 8, 9 and 10 were deleted at the Plannirsg Commission public hearing because
the proposed retail sa/e of alcoholic beverages for off-premises consumption was denied.)
19. That the applicant shall be responsibie for maintaining the premises free of litter 2t all times.
12, 13, 14 and 16. (Condition Nos. 12, 13, 14, 15 and 16 were deleted at the Planning Commission public
hearing because the proposed retail sa/e of a/coholic bevera~es for o(f-premises
consumption was denied.)
17. That the hours of operation of this business shail be limited to 6 a.m. to 11 p.m. seven days a week, as
stated by the petitioner.
18. That no areas shall be provided for on-site consumption of food.
19. That the praperty o~vner shall submit a letter reyuestinp termination of Conditional Use Permit No. 1372
(to estabiish a fully enclosed drive-in/drive through restaurant) to the Zuning Division.
20. That subject property shall ~e developed s~bstantially in accordance with plans and specifications
submittec! to the C~ty of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhih;~ Nos. 9 and 2, and as conditioned herein.
21. That prior to commencement of the activity herein approved or within a period of ~three (3) months from
the date of this resofution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 19 ~and 20, above-
mentioned, shall be complied with.
22. That approval of th(s 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. Approva~ does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVFD that the Anaheim City Planning Commission does hereby
find and detennine that adopti~n of this R~:3c.~}~!ion is expressiy predicaled upon applicanYs compii2nce
with each and all of the conditions hereinabov~ set forth. Should any such cond(tion, or any part thereof,
be declared invalid or unenforceable by the final Judgment of any court of competent jurisdfction, then this
F2esolution, and ar,y approval;. '~erein ca~itained, shall be deer~ied null and vuid.
THE FOREGOING RESOLJT?~~~ ~vas adopted at the Planning Commiss(on meeting of
June 8, 1998.
// ~J ~-~rr G['~ZG~
CHAIRMAN ANAHEIM CITY PLANNING COfvIMISSION
A1 TES7':
r '
SECRETARY, A~: EIM CITY PLANNING C~MMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
certify that the forego ng res ution w sepass d and adopted art aC eePng ofn he Anahe'm City plann ng
Commission held on June 8, 1998, by the foliowing vote of the members therecf:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, NAHOLES, PERAZA, W~LLIAMS
NOES: COMMISSIONERS:NONE
ABSENT: COMMISSIONERS: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day ofCJ~,
1998.
. ~~v~c~u0.'
SECRETAR , A HEIM CITY PLANNING COMMISSIOy
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