Resolution-PC 2001-134~
RESOLUTION NO. PC2001-134
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMfT NO. 2001-04433 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:
THE WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A
MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE SOUTHERLY 200.00 FEET OF THE WESTERLY 200.00 FEET.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 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 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 that the hearing was
eon#inued-from-~he Septe~rtber 1-0; 2001 me€ting; a~d __
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, 18.44.050.193, 18.44.050.195 and 18.44.050.360 to
establish land use conformity with existing Zoning Code land use requirements for an existing commercial
retail center, laundromat and liquor store, and to permit a convenience market.
2. 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; and that the uses, as conditioned herein, will not adversely affect the
adjacent residential land uses or the growth and development of the area.
3. That 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; and that the 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.
4. 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; and
that no alcoholic beverages are proposed to be sold from the convenience market.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in 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 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.
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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
That the hours of operation for the convenience market shall be limited to 6 a.m. to 9 p.m. daily, as
stipulated to by the petitioner. Deliveries shall only take place from 12 p.m. to 3 p.m. and shall use
east-facing doorways.
That no alcoholic beverages shall be sold or consumed on the premises of the convenience market.
That all trash generated from this convenience market shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shalf 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.
4. That no shopping carts and no video, electronic or other amusement devices or games shall be
permitted in conjunction with this convenience market.
5: ~hat prior to-eommeFleiFlg-opeFa~io~-of thES-business, a ualid- business_Iicense_shall.be obtained from_
the Business License Division of the City of Anaheim Finance Department.
6. That no window signage shall be permitted for the convenience market. All fixtures, displays,
merchandise and other materials inside the building shall be set back a minimum of three (3) feet
from all window areas.
Laundromat
7. That there shall be no amusement devices or games maintained upon the premises of the
laundromat at any time.
8. That no public telephones, which are located outside the laundromat buiiding and within the control
of the applicant, shall be maintained on the property.
9. That the operator of the laundromat shall be fully responsible for keeping all laundry carts inside the
building.
10. That during all hours of operation the laundromat shall be operated with at least one (1) attendant
on-site.
11. That no window signs shall be permitted in connection with the laundromat.
Liquor Store
12. That no alcoholic beverages distributed from the liquor store shall be consumed on the property.
13. That no amusement devices or games shall be maintained upon the premises of the liquor store at
any time.
14. That no public telephones, which are located outside the building and within the control of the
applicant, shall be maintained on the property.
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15. That no window signs shall be permitted in connection with the liquor store.
Commercial Retail Center
16. 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.
17. That all trash generated from this commercial retail center 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 owners.
18. 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.
19. That a landscaping plan shall be submitted to the Zoning Division for review and approval showing
refurbishment of existing landscaped areas. Said plan shall include:
(a) New ground cover, shrubs and twenty four inch (24") box sized trees on maximum twenty (20)
foot centers adjacent to La Palma Avenue, State College Boulevard and the east property line;
(I~} Vines o~ Fn~~imuFn ~hr@e{3)-foot-Eente.rs alo.ng the. east and_north. property .I.ines~ and. ~_
(c) Refurbishment of the interior parking lot landscaping.
That within a period of three (3) months from approval of the landscaping plans, the landscaping
installation and refurbishment shall be completed.
20. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of
the petitioner/developer. Landscape and/or hardscape screening of all padmounted equipment shall
be required.
21. That plans shall be submitted to the City Traific and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
22. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be maintained to the satisfaction of the Streets and Sanitation
Division.
23. That all oublic telephones (existing or proposed) shall be located inside the building.
24. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
25. 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.
26. That roof-mounted balloons or other inflated devices shall not be permitted.
27. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
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28. That no vending machines which are visible to any public right-of-way shall be permitted on the
property.
29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof materiai. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department
for review and approval.
30. 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 the plans submitted for Zoning and
Building Division approval.
31. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
32. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
33. That the owner shall be responsible for maintaining the premises free of litter at all times.
34. That the number of tenant spaces shall be limited to thirty (30) units as shown on the approved site
plan (Exhibit No. 1).
35. That signage for subject facility shall be limited to all legal existing signage as of the date of this
resolution. Any additional signage shall be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
36. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernable the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
37. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No.1685 (to permit on-premise sale and consumption of beer and wine in an
existing restaurant).
38. That the parking lot shall be repaired and slurry sealed.
39. That all wall sign cabinets shall be fitted with copy panels.
40. 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 Departrnent marked Exhibit Nos. 1 and 2, and as conditioned herein.
41. That within a period of three (3) months from the date of this resolution, Condition Nos. 7, 13, 14, 16,
18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 35, 36, 37, 38, 39 and 40, above-mentioned, shall be
completed.
42. 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.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressiy 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 court 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
September 24, 2001. ~
SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ~/
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certi#y ~ha# tkae#oregoing resotution was-passed and adopted at a meeting of the Anaheim City Planning _
Commission held on September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
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~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
r' , 2001.
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SECRETARY, ANAHEIiVt CITY PLANiVING COMMISSION
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