Resolution-PC 2000-38• •
RESOLUTION NO. PC2000-38
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4185 BE GRANTED
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:
THAT PORTION OF THE NOR7H HALF OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 4 SOUTH, ORANGE 10 WEST, IN THE RANCH LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED A'S FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 23 OF TRACT NO.
6691, AS PER MAP RECORDED IN BOOK 250, PAGES 20 AND 21 OF
MISCELLANEOUS MAPS; THENCE ALONG THE NORTHERLY BOUNDARY
OF SAID TRACT NO. 6691 SOIJTH 88° 58' 00" WEST 293.68 FEET TO THE
NORTHWEST CORNER OF SAID TRACT NO. 6691 NORTH 00° 13' 46" WEST
210 FEET TO A LINE PARALL~L LINE NORTH 88° 58' 00" EAST TO A POINT
OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 25 FEET; SAID POINT ALSO BEING THE EASTERLY TERMINUS OF
THAT CERTAIN CURVE DESCRIBED IN PARCEL 1 OF DEED TO THE CITY
OF ANAHEIM RECORDED JANUARY 30, 1969 IN BOOK 8860, PAGE 228 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
89° 59' 11" AN ARC DISTANCE OF 39.42 FEET; THENCE CONTINUING
ALONG SAID EASTERLY LINE OF SAID PARCEL 1 SOUTH 01° 01' 11" EAST
184.97 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 27, 2000 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 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 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 uses are properly ones for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.44.050.135 and 18.44.050.195 to establish
conformity with existing Zoning Code land use requirements for an existing commercial retail center and
to permit a convenience market.
2. That the proposed uses will not adversely affect the adjoining land uses and the growth
and development of the area in which they aire proposed to be located; and that no alcoholic beverages
are proposed to be sold from these premises.
3. That the size and shape of the site for the proposed uses is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
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4. That the traffic generated by the proposed uses will not impose an undue burden upon
the streets and highways designed and improved to carry tra~c in the area.
5. 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.
6. That the underlying property provides adequate ingress/egress from public streets, on-
site vehicular circulation and adequate parking for customers and employees patronizing the combined
uses on the property, and is adequate to allow full development of these uses in a manner which is not
detrimental to the area or general population.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received i~n opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 32, as defined in the State of California Environmental impact Report
("EIR") Guidelines and is, therefore, catega:rically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
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:
Convenience Market
1. That the hours of operation shall be limited to 8 a.m. to 8 p.m. seven days a week, as stipulated to
by the petitioner.
2. That no alcoholic beverages shall be sold or consumed on the premises.
3. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
merchandise storage or display.
4. That all trash generated from this facility shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of
pick-up shall be paid for by the business owner.
5. That no video, electronic or other amusement devices or games shall be permitted on the premises.
6. That no fast-food services shall be permitted in the convenience market.
7. That prior to commencing operation of the convenience market, a valid business license shall be
obtained from the Business License Division of the City Finance Department.
8. 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.
Commercial Retail Center
9. That all public telephones (existing or proposed) shall be located inside the building only.
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10. 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.
11. That minimum twenty four inch (24") box sized trees shall be planted in the landscaping planters
immediately adjacent to Lincoln Avenue and Gain Street at a ratio of one (1) tree for every twenty
(20) lineal feet of street frontage, in accordance with City standards. Said information shall be
specifically shown on plans submitted for Zoning Division approval.
12. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2091 (to permit on-sale beer and wine in an existing restaurant at 2528
West Lincoln Avenue).
13. That roof-mounted balloons or other inflated devices shall not be permitted on the property.
14. That no vending machines, which are visible to the public right-of-way, shall be permitted on the
property.
15. That street trees shall be installed by the owner within the public rights-of-way adjacent to Lincoln
Avenue and Gain Street. The size, type and number of trees shall be provided to the satisfaction of
the Urban Forestry Division of the Community Services Department.
16. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in
order to increase visibility of the facility.
17. That three (3) 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.
18. That any existing or proposed roof-maunted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on plans submitted for Zoning and Building Division
approval.
19. That the number of tenant spaces shall be limited to eleven (11) units as shown on the approved
exhibits submitted by the petitioner.
20. That the property owner shall be responsible for maintaining the premises free of litter at all times.
21. 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.
22. That the on-site landscaping and the irrigation system shall be refurbished and maintained in
compliance with City standards.
23. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signage shall be subject
to review and approval by the Planning Commission as a"Reports and Recommendations" item.
24. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, in compliance with approved plans on file with said Department.
25. That a minimum of seventy six (76) parking spaces shall be provided on-site in compliance with
plans previously approved under Conditional Use Permit No. 2068 (which permits on-sale beer and
wine in an existing restaurant and includes a parking waiver).
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26. That the subject property shall be deWeloped 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 Nos. 1, 2 and 3, and as conditioned herein.
27. That within a period of three (3) months from the date of this resolution, Condition Nos. 9, 11, 12,
14, 15, 17, 22, 23, 24 and 26, above-mentioned, shall be completed. Extensions for further time to
complete said conditions may be gra-ited in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
28. That approval of this application cons#itutes 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 ~ndings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, 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 RESOLU~ION was a~,4~d at ~e Planning Commission meeting of
March 27, 2000. / ~ //
CHA(RP,~tSON PRO TEMPORE,
ANAH~'ylVl CITY PLANNING COMMISSION
ATTEST:
.
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretar~r of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed an~d adopted at a meeting of the Anaheim City Planning
Commission held on March 27, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, B!OSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
' IN WITNESS WHEREOF, I have hereunto set my hand this ~''f day of
, 2000.
~~/(-UR~
SECRETARY, A HEIM CITY PLANNING COMMISSION
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