Resolution-PC 2001-29• ~
RESOLUTION NO. PC2001-29
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04325 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:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS:
THE EASTERLY 107 FEET OF THAT PORTION OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23,
IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGES 7 AND
FOLLOWING, MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHEAST OF THE RIGHT OF
WAY OF THE LOS ANGELES INTERURBAN RAILWAY COMPANY,
RECORDED IN BOOK 355, PAGE 364 OF DEEDS.
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
gtve~t as required by lavv and i~ accordance witk~ ~he 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 alt 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 18.44.050.195 to establish land use conformity
with existing Zoning Code land use requirements for an existing commerciaf retail center and to permit a
convenience market.
2. That the proposed use will not adversely affect the adjoining land uses, including
residential uses, or 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; that no alcoholic beverages are proposed to be sold from the premises; 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 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. 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 no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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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, 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 ta
preserve the safety and general welfare of the Citizens of the City of Anaheim:
Convenience Market:
That the portion of this conditional use permit permitting the convenience market shall expire five
(5) years from the date of this resolution, on February 26, 2006.
2. That, as stipulated to by the petitioner, the hours of operation for the convenience market (including
deliveries which shall take place only through the west facing doorways) shall be Iimited to 8 a.m. to
8 p.m., daily.
3. That no alcoholic beverages shall be sold or consumed on the premises.
4. That all trash generated by this facility shall be properly contained in trash bins located inside
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
proper~y. The Code Enforc~~~~t Division of the Planning Department sk~all determine the ~eed 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 in conjunction
with this convenience market.
6. That a valid business license shall be obtained from the City of Anaheim, Business License Division
of the Finance Department.
7. That no fast-food service shall be permitted in this convenience market.
(a) That window signage shall not be permitted for this convenience market.
(b) That all fixtures, displays, merchandise and other materials shall be set back a minimum of
three (3) feet from all window areas.
9. That all shopping carts shall be stored inside the convenience market in a location and by a method
of storage approved by the Zoning Division.
Commercial Retail Center:
10. 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 to adjacent streets or highways. The walls of the storage area(s) shall be
profected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for Planning Department and Public Works
Department, Streets and Sanitation Division, approval.
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11. 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 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.
12. 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.
13. 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.
14. That all public telephones (existing or proposed) shall be located inside the building.
15. That the parking lot shall be resurfaced and re-striped in conformance with Engineering Standard
Detail Plan Nos. 436 and 601.
16. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
17. 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.
18. That roof-mounted balloons or other inflated devices shall not be permitted.
19. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
20. That no vending machines shall be permitted on the property which are visible from the public right-
of-way.
21. That three (3) foot 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 street or adjacent
properties.
22. 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 the plans submitted for Zoning and Building Division
approval.
23. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building.
24. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
25. 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.
26. That the owner shall be responsible for maintaining the premises free of litter at all times.
27. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 391 (to establish a dance and gym instruction studio) and Conditional
Use Permit No. 1821 (to permit a veterinary clinic).
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28. That the number of tenant spaces shail be limited to fourteen (14) units as shown on the exhibits
submitted by the petitioner and approved by the Planning Commission.
29. 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 approval by the Planning Commission as a
"Reports and Recommendations" item.
30. That the subject property shalf 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.
31. That Condition Nos. 4, 6, 8(b), 9, 10, 11, 12, 13, 14, 15, 20, 21, 22, 26, 27 and 29, above-
mentioned, shall be completed within a period of ninety (90) days from the date of this resolution.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
32. 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, regufation 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 unen#orceable by the final judgmen# o~ any court of competent j~risdiction, then-#his
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adop d a the Planning Commission meeting of
February 26, 2001.
CHAIRPE , A AHEIM CITY 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 /-~ day of
t~or,.~~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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