Resolution-PC 2002-101~
RESOLUTION NO. PC2002-101
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04553 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:
PARCEL 1: THAT PORTION OF LOT 67 OF TRACT 2517, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 133, PAGES 40, 41 AND 42
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN ON A MAP FILED
IN BOOK 8 PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2: THE EAST 279.33 FEET OF THE SOUTH TWO ACRES OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANGE LOS COYOTES, IN THE
CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
W-H.EREAS, the ~ity Plar~ning Commission did hold a publie hearing at #he Civic Center
in the City of Anaheim on June 17, 2002 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 use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.195 to permit a WIC (Women, Infant and Children)
convenience market within an existing commercial retail center.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and developmer~# of the area in which it is proposed to be located; and that the zoning is CL
(Commercial, Limited) Zone.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use 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 were
necessary for this proposal.
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 the proposed convenience market, with the proposed type of service 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.
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7. That no one indicated their presence at said 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, 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 Ciry of Anaheim:
That the hours of operation shall be limited to 8 a.m. to 7 p.m. daily, 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
merchandise storage or display.
4. That all trash generated by 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- #o ens~re ~h~ sanita~r handli~g 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.
That no video, electronic or other amusement devices or games shall be permitted on the premises.
6. That no fast-food services or other services separate from the typical WIC transactions shall be
permitted in the convenience market.
7. That prior to commencing operation of the convenience market, a business license shall be
obtained from the Business License Division of the City Finance Department.
8. 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 windows.
9. That all public telephones (existing or proposed) under the control of the applicant 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 no roof-mounted balloons or other inflated devices shall be permitted on this property.
12. That no outdoor vending machines visible to adjacent public streets shall be permitted on this
property.
13. 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 Police Department,
Community Services Division, approval.
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14. 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 Division approval.
15. 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.
16. Proposed Condition No. 16 was delefed at the June 17, 2002 public hearing.
17. 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 finrenty
four (24) hours from time of occurrence.
18. That no outdoor storage shall be permitted on this property.
19. 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 No. 1, 2 and 3, and as conditioned herein.
20. That 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, 9, 13 and 14,
above-mentioned, shall 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.
_ 21. Thai prior to final_building-and zoning inspec~ions, Condi~io~ Nos.-15 and 1-3, above=mentioned;
shall be complied with.
22. 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 at the Planning Commission meeting of
June 97, 2002.
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CHAIRPERS , ANAHEIM CI LANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, 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 June 17, 2002, 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
, 2002.
GC ~/"' a'eo
SECRETARY, ANA IM CITY PLANNING COMMISSION
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