Resolution-PC 2002-115• .
RESOLUTION NO. PC2002-115
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04570 BE GRANTED
W HEREAS, 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 EASTERLY 66.00 FEET OF THE WESTERLY 132.00 FEET OF THE WEST 3
ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM , COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE SOUTH 40 FEET THEREOF AS DEEDED TO THE STATE OF
CALIFORNIA BY DEED RECORDED JULY 28, 1955 IN BOOK 3155, PAGE 147 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE NORTHERLY 420.00 FEET.
-- WHEREAS, the ~i~y ~lanai~ag-Commission..did.-.hold a_public_hearing ai the Civic Center .
in the City of Anaheim on July 29, 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 Sections 18.44.050.010 and 18.44.050.195 to permit expansion of an existing
legal non-conforming mini market with retail sale of alcoholic beverages for off-premises consumption.
2. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and i~ighways designed and impraved to carry the traffic in the area.
3. That granting 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.
4. That the proposed mini market expansion, under the conditions imposed, will not
adversely affect the adjoining land uses and the growth and development of the area in which it is
located.
5. That the size and shape of the site for the proposed mini market expansion, under the
conditions imposed, is adequate to allow full development of the use in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare; and that no waivers from Code
development standards were necessary for this proposal.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR5430DM.doc -1- PC2002-115
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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 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 City of Anaheim:
1. That the hours of operation shall be limited to:
Sunday through Thursday: 7 a.m. to 11 p.m.
Friday and Saturday: 7 a.m. to midnight
2. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
3. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that no such advertising shall be audible (either inside or outside the
building).
4. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
any public entrance to the building.
5. That no alcoholic beverages shall be consumed on the premises.
6. That the areas of alcoholic beverages display shall not exceed twenty five (25) percent of the total
display area in the mini market.
7. That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
8. That no person under finrenty one (21) years of age shall be permitted to sell alcoholic beverages.
9. That no exterior vending machines shall be permitted.
10. That no video, electronic or other amusement devices or games shall be permitted on the premises.
11. That no roof-mounted balloons ar other inflated devices shall be permitted.
12. That shopping carts shall be stored inside the building and there shall be no outdoor storage or
stacking of shopping carts.
13. That no window signs shall be permitted.
14. That the parking lot serving the premises shall be maintained 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 adjacent properties. A plan showing said lighting shall be submitted to the
Community Services Division of the Police Department for review and approval.
15. That there shall be no public telephones maintained on the property that are located outside the
building and within the control of the applicant.
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16. 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.
17. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three
(3) feet from all windows.
18. That four (4) 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 adjacent street or
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, approval.
19. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council;
and that any new signage shall be subject to review and approval by the Planning Commission as a
"Reports and Recommendations" item.
20. That 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, and as conditioned herein.
21. That prior to commencement of any activity authorized by this resolution or within one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 14, 15, 17, 18 and 20, 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.
23. That within one (1) month from the date of this resolution, all existing 'rider signs' attached to the
existing pole sign shall be removed; and that a trash enclosure shall be constructed to the
satisfaction of the Public Works Department, Streets and Sanitation Division.
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 fo~th. 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.
July 29, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEIM CiTY PLANNING COMMISSION
ATTEST:
~'~~....~+L. ~ Cv~
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 July 29, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this _~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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