Resolution-PC 2001-121•
RESOLUTION NO. PC2001-121
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-4419 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:
LOT 5 IN BLOCK B OF TRACT NO. 13, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9,
PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 30, FEET.
ALSO EXCEPTING THERE FROM THE SOUTH THE SOUTH 182 FEET AS
MEASURED FROM THE CENTER LINE OF THE STREET ADJOINING ON
THE SOUTH.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 27, 2001 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
- t8:03, to hear and eonsider evidence #or and agai~st saic~proPosed- Eonditional 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 Sections 18.44.050.135 and 18.44.050.495 to establish land use conformity
with existing Zoning Code land use requirements for an existing commercial retail center and to permit a
convenience market.
2. That 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. That the size and shape of the site for the proposed use 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.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
st,°ets 2lfl'~ ~':l~h:~~ays designsd and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed including that
no alcoholic beverages are proposed to be sold from the premises, will not be detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim.
6. That the property provides adequate ingress/egress from public streets, adequate on-site
vehicular circulation, and adequate parking for customers and employees patronizing the combined uses
on the property thereby allowing the full development of these uses in a manner which is not detrimental
to the area.
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7. That one concerned person spoke at the public hearing regarding the request; that no
one indicated their presence in opposition; and that no correspandence was received in opposition.
8. That one person spoke at the public hearing in favor of the proposal.
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 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically 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 genecal welfare of the Citizens of the City of Anaheim:
Convenience Market
That the hours of operation for the convenience market shall be limited to 9 a.m. to 9 p.m. daily,
and that deliveries shall take place using only the east facing doorways, as stipulated to by the
petitioner at the public hearing.
That no alcoholic beverages shall be sold or consumed on the premises.
3. That all trash generated by this facility shall be properly contained in trash bins contained within
apprar~ed tras~r enclosare(s}. The n~~b~F o# bins sk~all be adequate an_ d the tcash _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
~~~~~iQn~l bin~ 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.
4. That no shopping carts and that no video, electronic or other amusement devices or games shall be
permitted in conjunction with this convenience market.
5. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
6. That window signs shall not be permitted for the convenience market. All fixtures, displays,
merchandise and other materials shall be set back a minimum of three (3) feet from all window
areas.
Commercial Retail Center
That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on file with said Department.
8. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosure(s). 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 additiona{ 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.
9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
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10. That within a period of three (3) months from the date of this resolution, a landscaping plan shall be
submitted to the Zoning Division for review and approval showing the refurbishment of existing
landscaped areas. Said plan shall include new groundcover, shrubs and twenty four inch (24") box
sized trees on maximum twenty (20) foot centers adjacent to Brookhurst Street; vines and trees on
maximum finrenty (20) foot centers along the east property line; and refurbishment of interior
parking lot landscaping. Said installation and refurbishment shall be completed within two (2)
months from the date said landscaping plans are approved by the Zoning Division.
11. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense
of the developer. Landscape and/or hardscape screening of all padmounted equipment shall be
required.
12. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610; and that said area shall be maintained to the satisfaction of the Public
Works Department, Streets and Sanitation Division.
14. That all public telephones (existing or proposed) shall be located inside the building only.
15. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
16. 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 dies.
17. That roof-mounted balloons or other inflated devices shall not be permitted.
18. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
19. That no vending machines, which are visible to the public right-of-way, shall be permitted on the
property.
20. That four (4) fioot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties. Said information shall be specifically shown on plans submitted to the Police
Department for review and approval.
21. That any existing or proposed roof-mounted equipment shall be subject to the screening
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 to the Zoning and
Building Divisions for review and approval.
22. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
23. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removaf of graffiti within twenty
four (24) hours from time of occurrence.
24. That the property owner shall be responsible for maintaining the premises free of litter at all times.
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25. That the number of tenant spaces shall be limited to sixteen (16) units as shown on the site plan
(Exhibit No. 1).
26. That signage for subject facility shall be limited to all legal existing signs as of the date of this
resolution. Any additional signs shall be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
27. 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 Nos. 1 and 2, and as conditioned herein.
28. That the parking lot shall be repaired and slurry sealed.
29. That all wall sign cabinets shall be fitted with copy panels.
30. That within a period of three (3) months from the date of this resolution, Condition Nos. 7, 9, 10, 12,
13, 14, 20, 21, 27, 28 and 29, above-mentioned, shall be completed. Extensions for further to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
31. 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.
32. That no merchandise shall be allowed on the walkways.
3~. That ~II activities relatinQ to the proposed business shall take place inside the building.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any cou~t of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 27, 2001. ~
RSON, ANAH~IM CITY PLANNING COMMISSION
ATTEST:
~ ~ V
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
ce~tify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 27, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2001.
~~ t~..~~ _
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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