2003-088RESOLUTION NO. 2003R-88
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2003-
04674.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a WIC (Women, Infant and Children) convenience store
within an existing two-unit office building upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOT 5 IN BLOCK 1, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, OF TRACT
NO. 304, AS SHOWN ON A MAP RECORDED IN BOOK 14,
PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDED OF SAID ORANGE COUNTY.
EXCEPTING THE WESTERLY 2.75 FEET THEREOF; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2003-61 denying Conditional
Use Permit No. 2003-04674; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. 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.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved
to carry the traffic in the area.
5. The granting of the 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all of
the conditions set forth in Section 18.06.080 of the Anaheim
Municipal Code are present and that said waiver(s) should be
granted, for the following reasons:
1. That the variance, under the conditions imposed, if any,
will not cause fewer off-street parking spaces to be provided for
such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use; and
2. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any,
will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the
proposed use (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); and
4. That the variance, under the conditions imposed, if any,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use; and
5. That the variance, under the conditions imposed, if any,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional use
permit be, and the same is hereby, reversed and that Conditional
Use Permit No. 2003-04674 be, and the same is hereby, granted
permitting a WIC (Women, Infant and Children) convenience store
within an existing two-unit office building on the hereinabove
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described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Sections 18.06.050.020.021.0212-
18.06.050.020.022
18.06.080 and
18.45.066.050
Minimum number of parking
spaces.
(14 spaces required; 8 spaces
proposed and concurred with by
the City Traffic and
Transportation Manager)
subject to the following conditions:
1. That the granting of the parking waiver is contingent
upon operation of the use in conformance with the assumptions
and/or conclusions relating to the operation and intensity of use
as contained in the parking letter that formed the basis for
approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions and/or
conclusions, as contained in the parking letter, shall be deemed a
violation of the expressed conditions imposed upon said waiver
which shall subject this conditional use permit to termination or
modification pursuant to the provisions of Sections 18.03.091 and
18.03.092 of the Anaheim Municipal Code.
2. That the hours of operation shall be limited to 8:30 a.m.
to 7 p.m., Monday through Friday, and 10 a.m. to 4:30 p.m. on
Saturday.
3. That the rear entrance to the building, adjacent to the
parking lot, shall be utilized strictly for employees, and shall
not be utilized for patrons of the WIC convenience store.
4. That no alcoholic beverages shall be sold or consumed on
the premises.
5. That no video, electronic or other amusement devices or
games shall be permitted on the premises.
6. That no fast-food services or other services separate
from the normal WIC transactions shall be permitted in the
convenience market.
7. That all public telephones (existing or proposed) under
the control of the applicant shall be located inside the building
only.
8. The roof-mounted balloons or other inflated devices shall
not be permitted on the property.
9. That no outdoor vending machines visible to adjacent
public streets shall be permitted on the property.
10. That there shall be no outdoor storage permitted on the
premises.
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11. That no required parking area shall be fenced or
otherwise enclosed for outdoor storage or other merchandise storage
or display.
12. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard Plan
Nos. 436, 601 and 602 pertaining to parking standards and driveway
locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
13. That prior to commencing operation of the convenience
market, a valid business license shall be obtained from the
Business License Division of the City Planning Department.
14. That the proposal shall comply with all signing
requirements of the CG Zone unless a variance allowing sign waivers
is approved by the City Council or Planning Commission.
15. That no sign shall be lighted between the hours of
midnight and 6:30 a.m. unless such signs identifies a business
which remains open during those hours.
16. That window signage shall not be permitted for the
convenience market. All fixtures, displays, merchandise and other
materials shall be setback a minimum of three (3) feet from all
window areas.
17. That four (4) foot high street address numbers shall be
displayed on the roof of the building in a color contrasting to the
roof material. The numbers shall not be visible to the view from
the streets or adjacent properties. Said information shall be
specifically shown on plans submitted for Police Department,
Community Services Division approval.
18. That any existing or proposed roof-mounted equipment
shall be subject to the requirements of Anaheim Municipal Code
Section 18.45.030.130 pertaining to the CG (Commercial, General)
Zone. Said information shall be specifically shown on plans
submitted for Zoning Division approval.
19. That the property shall be permanently maintained in an
orderly fashion by the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
20. That the 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, 2 and 3 and
as conditioned herein.
21. That the parking lot shall be repaired and resurfaced
with a new slurry coat. Said information shall be specifically
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shown on plans submitted for review and approval by the Traffic and
Transportation Manager.
22. That prior to 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. 12, 13, 17,
18, 20 and 21 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.
23. That approval of this 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. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
24. That no shopping carts shall be provided or available on
the premises.
25. That the operator shall provide shuttle bus service
available to customers during all store business hours and
conspicuously advertise the availability of such service to
customers. Shuttle bus loading and unloading shall be provided on-
site and shuttle bus access to the premises shall be only from the
alley east of the premises.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anah~,~hj~ 20~y of May, 2003.
MAYOR OF TH~ CITY'OF ANAHEIM
ATTEST:
CYTY CLE~( OF ~THE C[TY OF ANAHEIM
49757.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-88 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Pringle, Hernandez, McCracken, Tait, Chavez
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
~ITY CLEZRK OF/I'HE CITY OF ANAHEIM
(SEAL)