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Resolution-PC 2010-093RESOLUTION NO. PC2010 -093 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 2010 -05518 (DEV2010- 00128) (2162 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2010- 05518 and Determination of Public Convenience or Necessity No. 2010 -00071 to permit the expansion of an existing legal non - conforming bar with a Type 48 Alcoholic Beverage Control license (On -Sale General for Public Premises), for that certain real property located at 2162 West Lincoln Avenue, in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, this property is currently developed with a commercial building containing a bar, located in the C -G (BCC) (General Commercial; Brookhurst Commercial Corridor Overlay) Zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, pursuant to section 18.22.080 of the Anaheim Municipal Code, bars and cocktail lounges are a prohibited use within the BCC Overlay Zone; and WHEREAS. subsection .020 of Section 18.22.040 of the Anaheim Municipal Code does not permit the expansion of a legally created use that was in existence as of the date Chapter 18.22 was adopted (April 6, 1999), and that is prohibited by Chapter 18.22; and WHEREAS, in conjunction with the Petition for Conditional Use Permit No. 2010 -05518 and Determination of Public Convenience or Necessity No. 2010- 00071, the applicant has requested an amendment to subsection .020 of Section 18.22.040 of the Anaheim Municipal Code to permit the expansion of a legal nonconforming use subject to the approval of a conditional use permit in accordance with the provisions of Chapter 18.66: and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 2010, at 5:00 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 18.60 "Procedures ", 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, the Planning 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 with respect to the request for a conditional use permit to expand a legal non - conforming bar, does find and determine the following facts. 1. Pursuant to section 18.22.080 of the Anaheim Municipal Code, bars and cocktail lounges are a prohibited use within the BCC Overlay Zone. 1 PC2010 -093 2. Subsection .020 of Section 18.22.040 of the Anaheim Municipal Code does not permit the expansion of a legally created use that was in existence as of the date Chapter 18.22 was adopted (April 6, 1999), and that is prohibited by Chapter 18.22. 3. In conjunction with the Petition for Conditional Use Permit No. 2010 -05518 and Determination of Public Convenience or Necessity No. 2010 - 00071, the applicant has requested an amendment to subsection .020 of Section 18.22.040 of the Anaheim Municipal Code to permit the expansion of a legal nonconforming use subject to the approval of a conditional use permit in accordance with the provisions of Chapter 18.66. 4. That the proposed amendment to permit the expansion of a legal nonconforming bar subject to the approval of a conditional use permit, as requested by the applicant, is inconsistent with the purpose and intent of Chapter 18.22, which is to provide a mechanism for the orderly development of property within the Brookhurst Sub -Area of the West Anaheim Commercial Corridors Redevelopment Project Area so as to assist in the elimination of blight and blighting influences and to encourage suitable residential development at mid -block and other appropriate locations in the Brookhurst Sub -Area. 5. On December 7, 1993, the City Council adopted Ordinance 5412 approving the Brookhurst Commercial Corridor Redevelopment Project area. 6. That the proposed amendment to permit the expansion of a legal nonconforming bar subject to the approval of a conditional use permit, as requested by the applicant, is inconsistent with the purpose and intent of the Brookhurst Commercial Corridor Redevelopment Project area, including, but not limited to (i) the elimination of uses that either individually or collectively contribute to blight in the Project Area or that are incompatible with adjacent uses including surrounding residential neighborhoods; (ii) the development of programs to alleviate negative physical, social, and economic impacts and liabilities associated with a concentration of liquor- serving establishments in the Project Area; (iii) the establishment of modern convenient commercial centers to serve the needs of the surrounding neighborhood and the City; (iv) the expansion of the community's supply of housing including opportunities for low- and moderate - income household; and (v) the expansion and upgrading of housing opportunities in the community to eliminate blight and improve housing stock and standards for the present population. 7. That the expansion of the existing legal nonconforming use would have an adverse affect on the single- family residential land uses, located south of and directly adjacent to the bar, as the result of increased traffic and noise associated with the expansion of the existing premises from about 1,460 square feet to about 2,695 square feet with 3,705 square feet of storage as proposed. 8. The site plan submitted by the applicant shows 22 on -site parking spaces; the Zoning Code requires a minimum of 52 on -site parking spaces. 9. The applicant proposes to meet code required parking by entering into shared parking agreements with surrounding property owners, including use of the parking lot to the west of subject property to the detriment of the adjacent single- family residences. 10. The applicant has represented that a tentative agreement has been reached with the owner of the property located to the west of the subject property, a dentist office, for the use of 22 additional parking spaces for a total of 44 parking spaces. - 2 - PC2010 -093 11. The Planning Department has received correspondence from the owner of the property to the east of the subject property, located at 2146 and 2156 West Lincoln Avenue, stating that the property owner will not agree to allow shared parking for use by employees or customers of the bar. NOW, THERFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby deny Conditional Use Permit No. 2010 - 05518. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 27, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Munici u al Code pertaining to appeal procedures and may be replaced by a City Council Resolution in t ent of an appeal. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SENIOR SE - 3 - CHAIRMAN PRO - TEMPORE ANAHEIM CITY PLANNING COMMISSION SENIORS TARY, ANAHEIM CITY PLANNING COMMISSION I, Grace Medina, 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 September 27, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, KARAKI, RAMIREZ NOES: COMMISSIONERS: PERSAUD, SEYMOUR ABSENT: COMMISSIONERS: AMENT, FAESSEL IN WITNESS WHEREOF, 1 have hereunto set my hand this 27 day of September, 2010. TARY, ANAHEIM CITY PLANNING COMMISSION PC2010 -093 APN: 128- 011 -031 0 50 ?0C F: i —_f CHCRR `WOOD IN EXHIBIT "A" DEV2010.00128 W LINCOLN AVE j 115' W LINDSAY RD 1 / LO 115' W CHERRYWOOD LN 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11009 - 4 PC2010 -093