Resolution-PC 2004-78~ ~
RESOLUTION NO. PC2004-78
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THATPETITION FOR CONDITIONAL USE'PERMIT NO. 2004-04868,BE GRANTED
(802-808 SOUTH BROOKHURST'STREET)
WHEREAS,,the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City ofiAnaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES; CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED, IN BOOK 51, PAGE 10,
MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION AS SHOWN ON A MAP OF TRACT N0. 5162,
FICED IN BOOK 302, PAGES 24 T0 29 INCLUSIVE OF MISGELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE
NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF SOUTHWEST QUARTER
NORTH 89° 58"11" EAST 60.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH
AND DISTANT 60.00 FEET EASTERLY FROM THE CENTERLINE OF $ROOKHURST,
STREET AS SHOWN ON SAID MAP OF TRACT 5162; SAID POINT ALSO BEING THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE
NORTH 89° 58' 11" EAST 220.02 FEET TO THE NORTHWEST CORNER OF SAID TRACT;
THENCE ALONG THE WESTERLY LINE OF SAID TRACT SOUTH 00° 40' 06" WEST 378.83
FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND bISTANT 32.00 FEET
NORTHERLY FROM THE CENTERLINE OF BROOKMORE AVENUE AS SHOWN ON SAID
TRACl' MAP; THENCE ALONG SAID PARALLEL LINE NORTH 89° 19' 54" WEST 205.00
FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 15.00 FEET THE NORTHERLY TERMINUS OF SAID CURVE BEING TANGENT
WITH FIRST MENTIONED PARALLEL LINE; THENCE WESTERLY, NORTHWESTERLY
AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00",
AN ARC DISTANCE OF 23.56 FEET; THENCE ALONG FIRST MENTIONED PARALLEL
LINE NORTH 00° 40' 06" EAST 361.15 FEET TO THE TRUE POINT OF BEGINNING:
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 26, 2004 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 18.60, 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 that said public hearing was continued to
August 9, 2004.
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 No. 18.08.030.0402. '
2. That the existing commercial retail center and proposed convenience market as conditioned
herein would not adversely affect the adjoining land uses and 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 commercial retail center and market is adequate
fo allow'the full development of the proposed use in a manner not detrimental to the particular area nor to the
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peace, health, safety, and general welfare since no waivers from Code development standards were
necessary for this business.
4. That the traffic generated by the commercial retail center and market would not impose an
undue burden upon the'streets and highways designed and improved to carry,the traffic in the area.
5. That the granting of the conditionaL use permit under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition:
CALIFORNIA ENVIRQNMENTAL QUALITY ACT F{NDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from #herequirement to prepare additional environmental documentation.
NOW, THEREFORE, BEJT 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 subjectproperty in order to preserve the '
safety and general welfare of the Citizens of the City of Anaheim:
Convenience Market:
1. That the convenience market is approved for a period of one (1) year from the commencement of the
activity or August 9, 2006, whichever is less.
2. That, as stipulated by the petitioner, the hours of operation for the convenience market (including
deliveries) shall be limited to 8 a.m. to 10 p.m., daily.
3. That no alcoholic beverages shall be sold or consumed on the premises.
4. That no video, electronic or other amusement devices or games shall be permitted in conjunction with
this convenience market.
5. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department.
6. That window signage shall not be permitted for the convenience market. All fixtures, displays,
merchandise and other materials shall be setback a minimum of three (3)feet from all window areas.
Said information shall be specifically shown on plans submitted for building permits.
7. That a separate trash enclosure shall be provided for the market and shall be provided and '
maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division.
~ The walls of the storage areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum 1-galfon size clinging vines planted on maximum 3-foot centers or tal!
shrubbery. Said information shall be specifically shown on the plans submitted for Public Works
Department, Streets and Sanitation Division approval. No trash storage areas shall be allowed in any
required setback areas.
8. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
9. That an on-site trash truck turnaround shall be provided and maintained in conformance with
Standard Engineering Plan No. 476. Said turnaround area shall be specifically shown on plans
submitted for building permits.
10. That the business shall be equipped with an alarm system (silent or audible).- _
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11. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department.
12. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department. .
13. That 4-foot high rooftop address numbers shall be displayed on the roof in a contrasting color to the
roofing material and shall nof be visiblefrom adjacent streets. Said information halLbe specifically
shown on plans submitted for Police Department, Community Services Division approval.
14. That the proposal shall comply with all signing requ'irements of the C-G(BCC) zone, including the
removal of the sign projecting from the subject unit adjacenfto Brookhurst Street.
15. That'as designated on Exhibit No. 1, parking space no. 1 shall be reserved for deliveries during ,
regular business hours for loading and unloading in connection with the convenience market; that said
area shall not be used for outdoor storage of goods or delivery vehicles.
16. That no trucks shall be parked or stored anywhere on the subject property for the purpose of
advertising this co~nmercial retail center or tenants.
17. That shopping carts shall be stored inside the building at all times and plans submitted for building .
permits shall indicate an area within the market dedicated to the storage of shopping carts. That a
shopping cart containment plan shall be submitted to the Planning Services and Code Enforcement
Divisions. The plan shall include provisions for the periodic retrieval of shopping carts from the
parking lot and operational practices to prevent patrons from taking the shopping carts from `the
premises.
18. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside -
the building.
19. That for a period of one yearfrom the commencement of the activity authorized by this resolution, the
Code Enforcement Division shall inspect the property on a quarterly basis to ensure compliance with
the conditions of approval. Said inspections shall be paid for by the business owner.
20. That no truck larger than the actual parking space designated as the loading and unloading space
shall be permitted and that delivery vehicles shall not encroach into the drive-aisle nor block the
driveway.
Commercial Retail Center
21. That trash storage areas shall be refurbished to the satisfaction of #he Public Works Department,
Streets and Sanitation Division to comply with approved plans on file with said Department.
22. That a landscape plan for the entire site shall be submitted to the Planning Department indicating
type, size and location of existing and proposed refurbished landscaping and irrigation for review and
approval by the Planning Department. Any decision by staff regarding said plan may be appealed to
the Planning Commission as a Reports and Recommendation item. Once approved, the landscaping
shall be installed and maintained in accordance with the plan. The landscape plan shall indicate the
following:
• That an on-site landscaping and irrigation system shall be provided/refurbished and
maintained in compliance with City standards.
• That the front landscaped setback area adjacent to Brookhurst Street shall be planted
and irrigated with a minimum of nineteen (19) 24-inch box evergreen trees, ~
groundcover and shrubs.
• That the frontJandscaped setback area adjacent to Brookmore Avenue (adjacent to
the parking 1ot) shall be planted with shrubs (minimum size of 5-gallon) to provide
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screening of the parking area from public view. The pianter area adjacentto Building ,
C shall be planted with two (2) additional 24-inch box trees.
• That parking {ot trees (min'sm~lm of six (6) 24-inch box trees for a total of ten (10) trees
within the parking lot area) shall be planted within the existing parking lot landscape '
planters.
23. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
' hours from time of occurrence.
24. That all existing landscaping shal( be maintained and immediately replaced in the event that it
becomes diseased or dies.
25.' 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 SanitationDivision for review and approvaL
26, That all air conditioning facilities and other roof and ground-mounted equipment shall be property
screened from view and sound buffered from adjacent residential properties. Said information shall
' be specifically shown on plans submitted for Planning Services Division approvaL
27. That all public telephones shall be located inside the building only.
28. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
29. That roof-mounted balloons or other inflated devices shall not be permitted.
30. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
31. That no vending machines shall be permitted on the property, which are visible from the public right-
of-way.
32. That the number of tenant spaces shall be limited to thirteen (13) units as reflected on the site plan
(Exhibit No. 1).
33. That all trash generated from this commercial retail center shall be properly contained in.trash
bins contained within approved trash enclosures. The number of bins shall be adequate and #he
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 pick-up. All costs for increasing the number of bins or frequency of :
pick-up shall be paid by the business owner.
34. That a valid business license shall be obtained from the City of Anaheim, Business License Division
of the Finance Department for all businesses within the commercial center. :
35. That all window signage exceeding 10% of the window area shall be removed.
36. That the parking lot shall be repaired, slurry seafed and restriped.
37. 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.
38. That the owner of subject property shall submit a letter requesting termination of Conditional Use~ '
Permit Na 2181 (to permit on-sale alcoholic beverage sales in an existing restaurant at 808 South -
Brookhurst Street) to the Zoning Division. !
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39. That prior to issuance of a building permit, or within a period of one (1)year from the date of this
resolution, whichever occurs first, Condition Nos. 6, 7, 8, 9, 13, 14 and 17, above-mentioned, shali
be complied with. Extensions for further time to compiete said conditions may be granted in
accordance with Section 18.03.090 ofthe Anaheim Municipal Code. '
40. That within ninety (90) days, from the date of this resolution; Condition Nos. 21, 22, 25, 26,27, 30,
31, 34, 35, 35, 36; and 38 above-mentioned, shall be complied with.
41 That prior to final building and zoning inspections Condition Nos. 5, 10, 11, 12 and 37 above-
mentioned, shall be complied with.
42. 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 I~ FURTHER RESOLVED that the Anaheim City P{anning Corr~mission 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 }udgment 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
August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures°
of the Anaheim Municipal Code pertaining to appeal procedure d may be repla ed by a City Council
Resolution in the event of an appeal. ~
`~,,
""~ CHA PERS , ANAHEIM Y PLANNING COMMISSION `
ATTEST:
.
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 August 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EAS7MAN, FLORES, O'CONNELL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: VANDERBILT-ULNARES
IN W:ITNESS WHEREOF, I have hereunto set my hand this ~~ T~' day of
U '~ , 2004.
~ /~~Ze?~/I~to
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION _
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