Resolution-PC 2003-141~J
RESOLUTION NO. PC2003-141
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04771 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State
of California, described as:
THOSE PORTIONS OF LOTS 1, 6 AND 7 OF TRACT NO. 925, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 42 TO 44 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND THAT
PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.G. DE LA RIVA IN THE
FINAL DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA,
CASE NO. 1978 OF THE 17T" JUDICIAL DISTRfCT, RECORDED FEBRUARY 8,
1874 IN BOOK 28, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 49, PAGE 6 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALI FORN IA.
- ~XCEP~fNG T-F-FEI~EFR4M ~HA~ PORTfON THEREOF tNC~UE}ED WITI-+fl<F THE
LAND DESCRIBED IN DEED TO ORANGE COUNTY FLOOD CONTROL
DISTRICT, A BODY CORPORATE AND POLITIC, RECORDED JULY 15, 1976 IN
BOOK 11812, PAGE 330 OF OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 20, 2003 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 18.44.050.135, 18.44.050.193, 18.44.050.195 and 18.44.050.360 to
wit: to establish land use conformity with Zoning Code land use requirements for an existing commercial
retail center and convenience market with retail sales of beer and wine for off-premises consumption, and
to permit a coin-operated laundromat.
2. That the proposed use will not, under the conditions imposed, adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
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.
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.
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5. 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.
6. 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.
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:
Commercial Retail Center
That the number of commercial tenant spaces shall be limited to twenry four (24) units.
2. That all existing and proposed public telephones shall be located inside a building.
3. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
4. ~~tat no roo# rrtoa~~ed balloor~s or other inffateef ctevices s~rall be perrrritted.
5. That plans showing four (4) foot high address numbers on the roof of the building in a contrasting
color to the roof material shall be submitted to the Police Department, Community Services Division,
for review and approval. These numbers shall not be visible from adjacent streets or properties.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage.
7. That signage for subject commercial retail center shall be limited to all legal existing signs as of the
date of this resolution. The un-permitted wall sign located on the south building elevation facing
Orangewood Avenue shall be removed and no additional signs shall be permitted on this elevation.
Any additional signs shall be subject to approval by the Zoning Division. Any decision by staff may
be appealed to the Planning Commission as a`Reports and Recommendations' item.
8. 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 with twenty four
(24) hours from the time of occurrence.
9. That all trash ge~erated by this commercial retail center shall be properiy 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.
10. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, and shall comply with approved plans on file with said Department
including, but not limited to, painting and installing trash enclosure gates in accordance with the City
standard; and that the trash bins shall be stored inside the trash enclosures.
11. 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,
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Limited) Zone. Said information shall be specifically shown on the plans submitted to the Zoning
Division and Building Division for review and approval.
12. That the landscape planters in the parking lot shall be refurbished and maintained with live and
healthy plants in accordance with City standards; and that additional shrubs shall be planted to the
rear (south) of the laundromat to screen the utility equipment.
13. That all wall sign cabinets shall be fitted with copy panels.
14. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs"). The BMPs shall be implemented and maintained to minimize the introduction of
pollutants into the storm water drainage system. Said information shall be submitted to the Public
Works Department, Development Services Division, for review and approval.
Convenience Market
15. That no beer and wine shall be consumed on any property under the control of the applicant.
16. That no alcoholic beverages except beer and wine shall be sold on the premises of the subject
convenience market.
17. That the area of beer or wine display shall not exceed twenty five percent (25%) of the total display
area inside the convenience market building.
18: ~ktat no ~ispEay-o~bee~ or wine shal~be loeatec~ ou#side-4~ie eonvenience-rrrarket buitd~ng-or-within
five (5) feet of any public entrance to the building.
19. That the sale of beer and wine shall be made to customers only when the customer is inside the
convenience market building.
20. That except for the existing water vending machine and the small enclosure for dispensing individual
barbeque propane tanks, no additional outdoor vending machines shall be permitted on the property.
21. That no storage or display or sale of any merchandise or fixtures shall be permitted outside the
building.
22. 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.
23. That there shall be no video, electronic, pool table or coin-operated games or other amusement
devices maintained upon the premises at any time.
24. That the store operator shal! be responsible for maintaining a litter free area adjacent to he premises
over which he/she has control.
25. That the parking lot of the premises shall be maintained/equipped with decorative lighting of
sufficient power to illuminate and make easily discernable the appearance and conduct of all
persons on or about the parking lot. Lighting in the parking area of the premises shall be directed,
positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of
nearby residences.
26. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed inside the convenience market building for every
three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to
discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be
prominently displayed inside the building.
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27. That all commercial deliveries shall be to the rear (alley) of the convenience market so as not to
interfere with circulation and parking within the parking lot.
Coin-Oqerated Laundromat
28. That the laundromat shall be operated with at least one (1) attendant on-site during all hours of
operation.
29. That the hours of operation shall be limited to 7 a.m. to 10 p.m. daily; and that the rear door facing
Orangewood Avenue shall remain closed at all times. Said door shall be used only for emergencies.
30. That the restroom facilities located within the laundromat shall remain locked at all times, and that
customers shall have access only by means of a key provided by the laundromat attendant.
31. That signs shall be posted in a conspicuous place in both the parking lot and inside the laundromat
notifying patrons that loitering, panhandling and/or the consumption of alcohofic beverages upon the
premises is prohibited.
32. That no window signs shall be permitted.
33. That prior to commencing operation of the coin-operated laundromat, a valid business license shall
be obtained from the Business License Division of the Planning Department.
--- 34. TFrat 4he opeFato~ o~ the-fa~rrtdromat sF~alf be f~rlly responsible ~oF keepirrg ~fa+~undry-eartsinside the --
building.
35. That wall signs shall be limited to the north building elevation with a sign area of up to thirty five (35)
square feet. No wall signs shall be permitted on the south building elevation.
36. That there shall be no video, electronic, pool table or coin-operated games or other amusement
devices maintained upon the premises at any time.
37. That subject prope~ty 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 Nos. 1 and 2, and as conditioned herein
38. That prior to the 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. 5, 7, 10, 11, 12, 13,
14, 26, 31, 33 and 37, above-mentioned, shall be complied with. Extensions of further time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
39. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipaf 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 applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invatid 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 20, 2003.
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RPERSON, ANAHEIM CITY PLANN~NG COMMISSION
ATTEST:
~~G..,.~..~- .
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 October 20, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
~FAEANGI~: CE3R/EMI-~~IONEF~S: ON€ ~€A~ _
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ Gc a tiv.bcr, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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