Resolution-PC 2003-75•
RESOLUTION NO. PC2003-75
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04694 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:
LOT 1 AND 2 AND THE NORTH 11.68 FEET OF LOT 3 OF THE P.A. STANTON
TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 23 AND 24 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
EXCEPTING THEREFROM THE SOUTH 6 ACRES.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 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 18.03.030 and 18.44.050.195 to wit: to permit and retain the
expansion of an existing non-conforming convenience market.
2. That as conditioned herein, the proposed convenience market expansion will not
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 this market 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 are necessary for this business,
as conditioned herein.
4. That the traffic generated by the proposed use, as conditioned herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting Conditional Use Permit No. 2003-04694, under the conditions imposed, to
expand the existing convenience market to 5,772 square feet (Suites W, X, Y and Z) will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That one person spoke at the public hearing in favor of the request.
7. That two people spoke at the public hearing (representing the West Anaheim
Neighborhood Development Council (WAND) and the West Gilbert Neighborhood Watch} in opposition to
the request and photographs were submitted; 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.
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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:
That the hours of operation shall be limited to 8 a.m. to 9 p.m., daily, as stipulated by the petitioner.
2. That this convenience markeYs floor area shall be limited to Suites W, X, Y and Z(the westerly five
thousand seven hundred seventy two (5,772) square feet of the building); and that further
expansion into additional units shall require a modification to this conditional use permit.
3. That no exterior vending machines (i.e., vending machines which are outside the building) within the
control of the petitioner shall be permitted
4. That no video, electronic or other amusement devices or games shall be permitted on the premises.
5. That roof-mounted balloons and/or other inflated devices shall not be permitted.
6. That the applicant shall prepare and submit a shopping cart placement plan to the Zoning Division
for review and approval. The shopping carts shall thereafter be stored in compliance with the
approved plan. Any decision by the Zoning Division regarding said plan may be appealed to the
Planning Commission as a`Reports and Recommendations' item.
7. That no window signage shall be permitted.
8. That this proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone,
including removal of the payphone sign projecting from the building.
9. That there shall be no public telephones maintained on the property which are located outside the
building and within the control of the petitioner.
10. That all interior fixtures, displays, merchandise and other materials adjacent to all window areas
shall not exceed a height of three (3) feet.
11. That the temporary and permanent storage of products and their containers shall be confined
entirely to the interior of the building; and that outdoor storage shall not be permitted (Anaheim
Municipal Code Section 18.44.025.020 pertaining to Limitations and Exceptions to Permitted Uses
and Structures in the CL "Commercial, Limited" Zone).
12. Proposed Condition No. 12 was intentionally deleted at the May 19, 2003 public hearing.
13. That in compliance with Variance No. 2000-04412, this convenience market shall continually comply
with the following:
(a) That the truck loading and unloading area and the surrounding parking spaces at the west end
of the parking area shall be clearly designated (striped), as required by the City Tra~c and
Transportation Manager.
(b) That the truck loading and unloading area for this business shall not be permitted within sixty
five (65) feet of Ball Road such that the truck parking shalt not be permitted in the two (2) rows
of parking spaces closest to Ball Road.
(c} That no trucks shall be parked or stored anywhere on the subject property for the purpose of
advertising this commercial retail center or any tenants therein.
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14. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses, with the exception of the previously-approved fenced area for one (1) commercial truck as
shown on Exhibit Nos. 3a. and 3b. of Variance No. 2000-04412. No trucks shall be parked or stored
on the property other than within this approved storage area.
15. That the outdoor enclosed area shall be for one (1) delivery truck parked during regular business
hours for loading and unloading in connection with the Anaheim King Market; that said area shall
not be used for outdoor storage; and that advertising shall not be placed on the delivery truck.
16. That this business 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 (Anaheim Municipal Code subsections 6.44.010.030,
6.44.010.060 and 6.44.010.070.0707 pertaining to nuisances).
17. That a landscaping and irrigation plan for the area between the subject business and Ball Road shall
be submitted to the Zoning Division for review and approval. As stipulated by the petitioner, said
plan shall specify (a) additional trees to further screen the east side of the truck enclosure; (b)
additional shrubs and ground cover in the existing planter between the middle rows of parking
spaces, and (c) four (4) additional trees in the front setback front area. The landscaping shall be
installed within a period of ninery (90) days from date of plan approval and thereafter maintained in a
live and healthy condition.
18. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
19. That four (4) foot high address numbers shall be displayed on the building roof 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, review and approval.
20. That for this business, a total of one (1) single and two (2) double trash enclosures (for a total of five
(5) trash bins) shall be provided and maintained in a location acceptable to the Public Works
Department 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 areas shall be protected from graffiti opportunities by
the use of plants 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
Public Works Department, Streets and Sanitation Division, approval.
21. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department for review and approval.
22. That all trash generated from this market 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 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 by the business owner.
23. 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.
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24. That within a period of six (6) months from the date of this Resolution, the Code Enforcement
Division shall inspect the property to ensure compliance with the conditions of approval. Said
inspection(s) shall by paid for by the business owner.
25. 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.
26. That within a period of one hundred twenty (120) days from the date of this Resolution, Condition
Nos. 3, 6, 8, 9, 10, 17, 19, 20, 21 and 25, above-mentioned, shall be completed.
27. 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 applicanYs 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.
May 19, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~S~ day of
, 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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