Resolution-PC 2001-27~
RESOLUTION NO. PC2001-27
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04317 BE GRANTED
WHEREAS, the Anaheim City Pianning 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 SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS COYOTES, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 54 OF TRACT NO.
2625, AS SHOWN ON A RECORDED IN BOOK 94 PAGES 9, 10 AND 11
MISCELLANEOUS MAPS; THENCE NORTH 89 DEGREES 01' 59" EAST
164.00 FEET ALONG THE EASTERLY LINE OF SAID TRACT NO. 2625;
THENCE SOUTH 0 DEGREES 16' 57" EAST 245.00 FEET TO THE
NORTHERLY LINE OF LINCOLN AVENUE AS SHOWN ON SAID MAP OF
TRACT NO. 2625; THENCE SOUTH 89 DEGREES 01' 59" WEST 130.61 FEET
A~ONG SAID NO-RTH-ERLY LI-N.E. TO A POINT NORTH 89 D-E-GR-EES 01' 59."
FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE WITH THE
CENTER LINE OF MONTEREY STREET, AS SHOWN ON SAID MAP OF
TRACT NO. 2625; THENCE NORTH 0 DEGREES 58' 01" WEST 7.00 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 0 DEGREES 58' 01" EAST; THENCE NORTHERLY 39.57
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES
41' 04"; THENCE NORTH 0 DEGREES 16' S7" WEST 213.70 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 February 26, 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
continued from the meeting of January 29, 2001; 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 18.44.050.195 and 18.55.044.0442.050 to permit a convenience
market without the sale of alcoholic beverages in an existing building.
2. That the use, a 10,200 sq.ft. convenience market, is proposed in an existing retail
building (which was previously a shoe store) in the CL(BCC) Commercial, Limited - Brookhurst
Commercial Corridor Overlay zone.
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3. That the proposed convenience market, including improved landscaping, refinished
parking lot and limited hours of operation, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed convenience market 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 because no waivers from Code development standards are necessary
for this business.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area; and that the number of spaces
required by Code are provided and, therefore, no parking waiver was necessary.
6. 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.
7. That na 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.
NOW, TH€R~FOR~, B~ IT R~SO~.VED that the Anaheim Ci.ty Planning Commissior~
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:
(a) That the hours of operation shall be limited to 9 a.m. to 9 p.m., seven days a week, as
stipulated to by the petitioner.
(b) That delivery hours shall be limited to 7 a.m. to 5 p.m., seven days a week; and that the
doors at the rear of the building shall be kept closed except during deliveries.
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 merchandise storage or
display, or other outdoor uses.
4. That all trash generated by this facility shall be properly contained in trash bin(s) 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
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, other than take-out food service from the deli, shall be permitted in the
convenience market.
7. That a valid business license shall be obtained from the Business License Division of the City
Finance Department.
8. (a) That window signage shall not be permitted for this convenience market.
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(b) That ail fixtures, displays, merchandise and other materials shall be setback a minimum of
three (3) feet from all window areas.
That all public telephones (existing or proposed) shall be located inside the building only.
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 dies.
11. That final landscaping and irrigation plans shall be submitted to the Zoning Division for review and
approval. Said plans shall include the following:
(a) Minimum finrenty four inch (24") box sized trees shall be planted in the landscaped planters
immediately adjacent to Lincoln Avenue and Monterey Street at a minimum ratio of one (1)
tree for every twenty (20) lineal feet of street frontage, in accordance with City standards;
(b) Minimum sixteen (16), forty eight inch (48") box sized, Carrofinrood trees shall be planted
adjacent to the north property line;
(c) Four (4), forty eight inch (48") box sized, trees shall be planted adjacent to the northeast
property line; and
(d) Vines shall be planted adjacent to the block walls and the trash enclosure to prevent graffiti
opportunities.
Said information shall be specifically shown on plans submitted for Zoning Division approval. The
tree species selected by the property owner and approved by the Zoning Division shall achieve an
effective visual screen within three (3) years after planting.
12. That roof-mounted balloons or other inflated devices shall not be permitted on the property.
13. That outdoor vending machines shall not be permitted on the property.
14. That street trees shall be installed by the owner within the public rights-of-way adjacent to Lincoln
Avenue and Monterey Street. The size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division of the Community Services Department.
15. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in
order to increase visibility of the business.
16. 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 streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
17. That any existing or proposed roof-mounted 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.
18. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
size clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
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19. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
20. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
21. 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 locations. Said information shall be
specifically shown on plans submitted for building permits. Subject property shall thereupon be
developed and maintained in conformance with said plans.
22. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standard No. 137. Said information shall be specifically
shown on plans submitted for building permits.
23. That "compacY' or "small car" parking spaces shall not be permitted.
24. That this project has landscaping area exceeding finro thousand five hundred (2,500) sq.ft. and,
therefore, a separate irrigation meter shall be installed and comply with Chapter 10.19 of the
Anaheim Municipal Code "Landscape Water Efficiency" and Ordinance No. 5349.
25. That the business-ow~ec sk~all-assign an ~mpJoyee to r~trie-ve shopping ~ar~s-both on-and- off the
premises at regular intervals to prevent the accumulation of carts on or about the premises. The
carts shall be stored out of the public view inside the market. The carts shall be secured within the
market at the end of each business day. ~
26. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed
away from adjacent residential property lines to protect the residential integrity of the area; and
such information shall be specified on the plans submitted for building permits.
27. 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.
28. That the existing non-conforming pole sign shall be removed and 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.
29. That outdoor storage shall not be permitted on the premises.
30. That final building elevation plans shall be submitted to the Community Development Department
and the Zoning Division of the Planning Department for review and approval for compliance with the
Brookhurst Commercial Corridor Redevelopment Project Area. Any decision made by staff
regarding said final building elevation plans may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
31. 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 4 through 5, and as
conditioned herein.
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32. That prior to issuance of a building permit, or 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. 7, 11, 16, 17, 18, 19, 20, 21, 22, 26, 28 and 30, above-mentioned, shalt 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.
33. That prior to final building and zoning inspections, Condition Nos. 9, 14, 24 and 31,
above-mentioned, shall be complied with.
34. 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.
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 court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted a Pla nin Commission meeting of
February 26, 2001.
CHAIRPERSON, ANA IM ITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 February 26, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this l`f day of
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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