99-004RESOLUTION NO. 99R- 4
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4050, IN
PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to establish conformity with Zoning Code land use requirements
for an existing commercial center, a 2,200 sq.ft. meat and
produce market and a 2,340 sq.ft. convenience market with retail
sale of alcoholic beverages for off-premises consumption, and to
permit the sale of beer and wine for on-premises consumption in
an existing 5,005 sq.ft. billiard hall upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
LOT 1 OF TRACT N0. 3886, AS SHOWN ON A MAP RECORDED
IN BOOK 151, PAGES 8, 9 AND 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE
NORTHERLY 120.00 FEET, SAID 130.00 FEET AND 120.00
FEET BEING MEASURED FROM THE TANGENT PORTIONS OF
THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF
SAID LOT 1; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
u Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC98-167 granting
Conditional Use Permit No. 4050, in part; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful __
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use (other than the proposed sale and
on-premise consumption of beer and wine) will not adversely
affect the adjoining land uses and the growth and development of
the area in which it is proposed to be located.
_ 3. The size and shape of the site proposed for the
use is adequate to allow the full development of the proposed use
(other than the proposed sale and on-premise consumption of beer
and wine) in a manner not detrimental to the particular area nor
to the peace, health, safety and general welfare.
4. 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. The granting of the 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 sale and on-premise consumption
of beer and wine would adversely affect adjoining land uses and
the growth and development of the area in which such use is
proposed to be located, and would be detrimental to the pe-ace,
health, safety and general welfare of the citizens of Anaheim due
to the location of such proposed use in a high crime (353% above
average) area of the City.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in
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traffic congestion in the immediate vicinity nor adversely affect
the adjoining land uses; and
2. The granting of the variance(s) under the
conditions imposed will not be detrimental to the peace, health,
safety or general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons
hereinabove stated, the action of the City Planning Commission
granting, in part, said conditional use permit be, and the same
is hereby, affirmed and that Conditional Use Permit No. 4050 be,
and the same is hereby, granted, in part, permitting establish
conformity with Zoning Code land use requirements for an existing
commercial center, a 2,200 sq.ft. meat and produce market and a
2,340 sq.ft. convenience market with retail sale of alcoholic
beverages for off-premises consumption, and an existing 5,005
sq.ft. billiard hall on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
Sections 18.06.050.022 - Minimum number of parking spaces.
18.06.050.0233 (153 required;
18.06.050.0235 99 existing and concurred with by
18.06.050.0236 the City Traffic and
18.06.080 Transportation Manager}
18.06.080 `
and 18.44.066.050
subject to the following conditions:
CONlD~RCIAL CENTER
1. That trees shall be planted in the existing
planter areas adjacent to Westchester Drive and Lincoln Avenue
and within the parking lot. Specific plans for the right-of-way
trees shall be submitted to the Zoning Division (Planning
Department) and the Community Development Department for review
and approval. Said trees shall be planted within one (1) month
from the date of plan approval.
2. That trees shall not be unreasonably trimmed to
afford increased visibility of the facility.
3. That trash bins/barrels shall be stored out of the
public's view.
4. That any existing or future public telephone(s)
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shall be located inside the building. Existing exterior
telephones shall either be removed or placed inside the building.
5. That any roof-mounted equipment including the
existing satellite dish antenna shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120.
Such information shall be specifically shown on the plans
submitted to the Zoning Division for review and approval. The
appropriate building permit(s) shall be obtained from the
Building Division and the approved screening shall be constructed
within one (1) month after issuance of the building permit(s).
6. That the owner of subject property shall be
responsible for the removal of any on-site graffiti within twenty
four (29) hours of its application.
7. That no outdoor vending machine or water machine
shall be visible to any public right-of-way.
8. That all un-permitted signs on the freestanding
sign, all un-permitted wall signs and all un-permitted window
signs shall be removed, or the apprcpriate permits shall be
obtained from the Building Division.
9. That any tree planted on-site shall be replaced in
a timely manner in the event that it is removed, damaged,
diseased and/or dead. "`
10. That all trash generated by the markets shall be
properly contained in trash bins located 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 (Planning Department) will determine
the need for additional bins or additional pick-up. All_cost for
increasing the number of bins or additional frequency of pick-up
shall be paid by the business owner.
11. That all debris in the parking areas and around
the building shall removed immediately and the property shall be
maintained free of litter at all times.
11(a). That within a period of one (1) month from
the date of this resolution, final sign plans showing a
refurbished free-standing sign, including removal of any portions
of the sign that no longer pertain to the property, shall be
submitted to the Zoning Division for review and approval by the
Planning Commission as a ~~Reports and Recommendations" item.
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CONVENIENCE MARKET WITH RETAIL SALE OF ALCOHOLIC
BEVERAGES FOR OFF-PREMISES CONSL7MPTION
12. That no video, electronic or other amusement
devices or games shall be permitted in the convenience market.
13. That the sale of alcoholic beverages shall not
exceed thirty five percent (350) of the gross sales of all retail
sales at the convenience market during any three (3) month
period. The applicant shall maintain records on a quarterly
basis showing the separate amounts of sales of alcoholic
beverages and other items. These records shall be subject to
audit, and made available, when requested by any City of Anaheim
official during reasonable business hours.
14. That the retail sale of alcoholic beverages (for
__ off-premises consumption) at the convenience market shall expire
one (1) year from the date of this resolution on October 26,
1999.
15. That no advertising of alcohol shall be located,
placed or attached to any location outside the convenience market
building; and that no such advertising shall be audible to
either the interior or exterior of the building.
16. That no alcoholic beverages shall be consumed on
the premises. `
17. That the parking lot serving the convenience
market premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible 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 the window areas of
adjacent properties, and that said lighting information shall be
specified on plans submitted for building permits.
18. That the applicant shall be responsible for
maintaining the premises free of litter at all times.
19. That no display of beer or wine shall be located
outside the convenience market or within five (5) feet of any
public entrance to the convenience market.
20. That the areas of alcohol displays in the
convenience market shall not exceed twenty five percent (250) of
the total display area in the market.
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21. That the sale of alcoholic beverages shall be made
to customers only when the customer is inside the convenience
market.
22. That no person under twenty one (21) years of age
shall sell or be permitted to sell any alcoholic beverages.
23. That no outdoor storage, display or sales of any
merchandise or fixtures shall be permitted outside the building.
23(a). That retail sale of alcoholic beverages (from
the convenience market) for off-premises consumption shall be
permitted only between the hours of 8:00 a.m. to 11 p.m.
23(b). That any existing or future public
telephone(s) shall be located inside the building. Existing
exterior telephones shall be either removed or placed inside the
building.
MEAT AND PRODUCE MARKET
24. That no video, electronic or other amusement
devices or games shall be permitted.
BILLIARD HALL WITH SALE OF BEER AND WINE FOR ON-
PREMISES CONSUMPTION
25. Deleted.
26. That window signs shall be prohibited.
27. Deleted.
28. That there shall be no live entertainment,
amplified music or dancing permitted on the premises of the
billiard hall at any time without the prior issuance of proper
permits as required by the Anaheim Municipal Code.
29. That the activities occurring in conjunction with
the operation of the billiard hall shall not cause noise
disturbance to surrounding properties.
30. That all doors serving the billiard hall shall
comply with the requirements of the Uniform Fire Code and shall
be kept closed and unlocked at all times during hours of
operation except for ingress/egress, deliveries and in cases of
emergency.
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31. That the parking lot serving the billiard hall
premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible 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 the windows of nearby residences.
32. That there shall be no pool tables, amusement
devices or games maintained inside the billiard hall without the
prior issuance of proper permits as required by the Anaheim
Municipal Code.
33. Deleted.
33(a). That any existing or future public
telephone(s) shall be located inside the billiard hall building.
Existing exterior telephones shall either be removed or placed
"` inside the building.
33(b). That the retail sale of beer and wine for on-
premises consumption shall be prohibited in the billiard hall.
34. 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.
35. That within a period of one (1) month from the
date of this resolution, Condition Nos. 1, 4, 5, 7, 8, 11(a), 17,
23(b), 30, 31 and 33(a), above mentioned, shall be complied with.
36. 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. Approvar does
not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance,
regulation or requirement.
37. That prior to commencement of any activity
authorized by this resolution or within a period of one (1) year
from the date of this resolution, whichever occurs first,
Condition Nos. 13 and 34, 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. Further, if an extension of time is
requested for the alcohol sales portion of this request, it shall
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be considered at a noticed public hearing.
THE FOREGOING RESOLUTION is approved and adopted by the__
City Council of the City of Anaheim this 5t'' day of January,
1999.
MAYOR OF THE CITY OF A HEIM
ATTEST:
CITY CLERK OF THE CI OF ANAHEIM
29077.1
8
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-4 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 5th day of January, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-4 on the 5th day of January, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 5th day of January, 1999.
!ice rvt ~_ ~~ (-~Zr~'
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-4 was duly passed and adopted by the City Council of the City
of Anaheim on January 5th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM