Resolution-PC 99-56RESOLUTION NO. PC99-56
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4098 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition ?or
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEI. 1: THAT PORTION OF VINEYARD LsJl' G3, !N THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 4, PAGE(S) 629 AND 630, DEEDS, RECORDS OF LOS
ANGLES COUNTY, CALIFORNlA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID VINEYARD
LOT, 10 FEET WESTERLY FROM THE SOUTHEASTERLY LINE OF SAID
VINEYARD LOT, 91.85 FEET TO THE SOUTNERLY LINE OF LAND
DESCRIBED IN THE DEED TO THE SOUTHERN PACIFIC RAILROAD
COMPANY, RECORDED titARCH 23, 1899, IN BO~K 41, PAGE 372, DEEDS,
RECORDS OF SAID ORANGE COUNTY; THENCE WES7ERLY ALONG SAID
SOUTHERLY LINE 140.00 FEET; THENCE SOUTHERLY PARALLEL WITH
THE WESTERLY LINE OF SAID VINEYARD LOT, 92.85 FEET TO THE
SOUTHERLY LINE OF SAID VINEYARD LOT; THENCE EASTERLY 140.00
FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTHERLY 21.75 FEET.
PARCEL 2: LOT 21 OF TRACT 497, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, S'fATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 17, PAGE 38, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
WHEREAS, the City Planning C:.mmission did hold a public hearing at the Civic Center in
the City of Anaheim on February 17, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance witl; the provisions of the Anaheim Munlcipai Code, Chapter
18.03, to hear and consider evidence for and against sa(d proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that said public hearing
was continued to the March 29, 1999 Planning Commission meeting; 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 Section 18.03.030.010 to permit a co~venience/liquor storo with a cain-operated
laundry faciUty with waiver of the following:
(a) Section 18.61.063.012 - Minfmum setback abuttina a cQ,igctor street.
(25 fee required with a minimum of 10 feet landscaped;
10 fee proposed from Olive Street)
(b) Section 18.61.068.020 - Reouired site screen(na adiacent to a residential zone boundarv.
(6-foot h(qh masonry wail or earthen berm or comb(nation thereof
required aiong RS-5000 zone boundary;
one proposed along the north-south lot line separating Psrcel
Nos.1 and 2 of subJe~ct property)
CR3593MS.DOC -1- PC99-56
2. That waiver (a), minimum setback abutting a collector street, is hereby approved, in part,
for a 15-foot building setback along Olive Street because there are special circumstances appiicable lo
the property consisting of its location and surroundings, which do not apply to other identically zoned
properties in the vicinity.
3. That waiver (b), required sife acreening adjacent to a residentia: zone boundary, is hereby
approved because the 6-foot high site screening requirement between RS-5000 and ML zoning pertains
to the two parcels which comprise subject property (RS-5000-zoned parcel on the west and ML-zoned
parcel on the east).
4. That lhe proposed use, a convenience/liquor store with a coin-operated laundry, is not
listed in the Zoning Code as being a conditionaily permitted use in the RS-5000 (Residential, Single-
Family) and ML (Umited Industrial) zones which comprise subject property.
5. That the proposed use, as granted, will not adversely affect the adjoining land uses and
the growth and deveiopment of the area in which it is proposed to be located.
6. That the size and shape of the site for the proposed use, as granted, is adequate to ailow
the full development of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety, and generai welfare.
7. 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.
8. That granting of 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.
9. Th at one person indicated her presence at the pubUc hearing in opposition to the
proposai; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALIIY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to permit a convenfence/liquor store with a coin-
operated Iaundry facilily and with waivers of minimum setback abutting a collector street and required sitc
screening adJacent to a residential zone boundary on a 0.35-acre property consisting of two adjacent
parcels located at the northwest corner of Water Street and Olive Street: Parcel 1 is a rectangularly-
shaped parcel consisting of 0.23-acre lucated at the northwest corner oF Water Street and Olive Sireet
with frontages of 140 feet on lhe north side of Water Slreet and 70 feet on the west side of Olive Street
(559 South Oflve Street); and Parcel 2 is a rectangularly-shaped parcel consisting of 0.12-acre having a
frontage of 48 feel on the north side of Water Street, a depth of 114 feet and being located 140 feet west
of lhe centerline of Olive ~treet (313 East Water Street); and does hereby approve the Negative
Declaration upon finding that the declaration reFlects the independent Judgment of the lead agency and
that it has considered ihe Negative Declaration together with any comments received during lhe public
review process and further finding on the basis of the inilial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the envdronment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upoe~ tf : f~llowing conditions which
are hereby found to be a necessary prerequisite lo the proposed use of !I;~ s~'bject property (n order to
preserve the safety and general welfare of the Citizens of the City of Anahe~ir~:
1. That the cornenience/Iiquor store and Iaundromat shall be o; :~rated under one (1) on•site
management for both businesses, and that a separate att~~~~nl shall be provided in the
laundromat during all hours of its operat(on.
2, That the hours of operation of both lhe conveniencellfquor store an~ laundromat shall be limited to
7:00 a.m. to 9:00 p.m. daily: and that at no time shall the laundromat operate separately or
independently of the convenience/Iiquor store.
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3. That the restrooms located within the laundromat shall remain locked at all times and access shall
be available to customers only by means of a key provided by the laundromat attendant.
4. That store front windows shall be installed across the entire front (south elevation) of the
laundromat and placed four (4) feet above grade level ta screert the washing machines from the
public's view while also allowing visibility (nto the laundromat. Said windows shall be shown ~n
plans submitted for building perrnits.
5. That store front windows shall be installed adjacent to the cashier's counter at the southwest
corner of the convenience/liquor store to make easily discernible any activity at the cashier's
station from the adjoining laundromat and from the parking lot. Said windows shall be shown on
plans submitted for building permits.
6. That signs shail be posted in conspicuous place(s) in both the parking lot area and within the
Iaundromat notifying customers that loitering, panhandling and/or the consumption of alcoholic
beverages upon the premises is prohibited. Such notice siiali be provided in both English and
Spanish.
7. That three (3) foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material. The numbers shall not be visible from the view of the street or adjacent properties.
8. That, if requested by the Anaheim Police Department, licensed uniform security guard(s),
approved by the Anaheim Police Department, shall be provided on the premises specifically to
provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to this
property. Said security guard(s) shall remain on-duty from 3 p.m. to 10 p.m. daily if determined to
be necessary by the Anaheim Police DepaRment.
9. That access to the roof from either inside or outside the ~ouilding shall be proparly secured.
10. 7hat there shall be no fewer than three (3) employees present on these premises at all times,
including the security guard(s).
11. That window signs shall not be permitted.
12. That any news racks and magazine stands shall be located inside the conveniencelliquor store.
13. That hard liquor beverages shali only be soid in containers of two hundred miliiliters (200 rnl.) or
greater.
14. That maximum twelve (12) foot high decorative security lighting shall be installed and maintained
in the parking lot, to the satisfaction of the Anaheim Police Department; and that such lightir.g
shall be directed so as to prevent glare or spill-over onto adjacent and nearby residential
properties. Sald information shall be specifically shown on the plans submitted for building
permits. •
15. That any public telephone(s) shall be located only inside the conveniencelliquor sture or
laundromat. '
16. That no video, electronic or other amusement devices or games shall be permitted on the
premises.
17. That no tables or seating areas for the consumption of food shall be permitted on the premises.
18. That a minimum of eleven (11), twenty four (24) inch box sized, trees o~ maximum ten (10) foot
centers shall be planted and maintained along the wesf property line adjacent to the single-family
residence to provide an adequate landscaping screen; and that a minimum of thirteen (13), twenty
four (24) fnch box sized, Sris~arie Box trees shall be pl2nted adjacent tu both V~Jater and Olive
Streets. Said information shall be sper,ifrally i~hown on plans submittad for building permits.
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19. Thai no exterior advertising of "check cashing" or "lotto" services shali be perm~tted at lhis Iocation,
20. That no freestanding signs shall be permitted at this locat;on.
21. That no exterior vending machines (i.e., ven~irn machines located outside the building) shall be
permitted at this Iocation.
22. (a) That the petitioner shall install an eight (8) foot high masonry block wall along the west
property line except the fronl setback where the wail height sh~!I not exceed three (3) feet,
provided t!iat the City Traffic and Transportation Manager shall have the authority to reduce
tha height ofi the wall to protect visual lines-of-sight where pedestrian and/or vehicular
circulation intersect.
(b) That the ~etitioner shall pl2nt minimum one (1) gallon sized clinging vines adjacent to said
wall, to eliminate graffiti opportunities. Said vines shall be planted on maximum three (3)
foot centers, and shall be properly irrigated and maintained.
(c) The block wall, landscaping and irrigation facilities shall be specifically shown on the plans
submitted for building permits.
23. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
24. (a) That a Lot Line Adjustment plat to combine the two (2) existing parcels such that any new
building lies completely within one (1) parcel, shall be su5mitted to the Subdivision Sectfon
(Development Services Division), approved by ttie City Engineer, and recorded in the Office
of the Orange County Recorder; or
(b) That a reciprocal access and parking agreement, satisfactory to the Subdivision Section,
shall be recorded between the two (2) parcels of record, and a copy of said agreement shall
be provided to the Planning Department.
25. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and drivew2y locations. Subject property shall thereupon
be oeveloped and maintained in conformance with said plans.
26. That the sliding gate located along the north property line adjacent to the public alley shall remain
closed and locked except in case of emergency; and that said gate shall be equipped with "knox
box" devices as required and approved by the Fire Department.
27. That one (1) of the existing driveways on Water Street shall be removad and replaced with
standard curb, gutter, sodewalk and landscaping. Only one (1) driveway shall be permitted on
Water Street and it shail be located as far as possible from the interssction with Olive Street, as
reviewed and approved by the City Traffic and Transportation Manager. 7his information shall be
specifically shown on the plans submitted for buildinc~ permits.
28. That trash storac~e areas shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. The trash enclosure shall not be permitted in any required setback area.
Said storage area(s) shall be designed, located and screened so as not to be readily identifiab~e
from adjacent streets or highways. The walis of the storage areas shail be protected 'from graffiti
opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines
planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically
show~~ on the plans submitted f~r building oermits.
29. That a plan sheet for solid waste storage and collection and a pian for recyciing shall be submitted
to the Stree:s and Sanitation Division for review a~d approval.
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30. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standa;d Detail No. 610 and maintained to the satisfaction of the 5treets and Sanitation ~ivision.
Said turn-around area shall be specifically shown on the plans submitted for building permits. ,
31. That any roof-mounfed equipment shall be com~letely screened from view from ali public rights-of-
way and non-industrially zoned properties. Said information shall be specifically shown on the
plans submitted for building permits.
32. That prior to commencing operation of this business, a valid business license shail be obtained
from the Business License Division of the Finance Department.
33. That the property ovdner shall submit a letter to the Zoning Division requesting termination of
Variance No. 1947-5 (permitting a grocery store adjoining a sinc~le-family residence), Variance No.
1946-7 {permitting a grocery store adjoining a single-family residence) and Conditional Use Permit
No. 3730 (permitting a conveniencelliquor store with a coin-operated laundry and with waiver of
minimum setback abutting a collector street and required site screening adjacent to a residentiai
zone).
34. That signs for this business facility shall be limited to that which is shown on the exhibits submitted
by the petitioner and approved by the Planning Commission. Any additional signs shall be subject
to approval by the Planning Commission as a"Reports and Recommendations" item.
35. That the property owner shall provide the City of Anaheim with a public utilities easement to be
determined as electrical design is completed.
36. That any required relocation of electricai facilities shail be at the expense of the developer.
37. That the sale of alcoholic beverages shall not exceed thirty five percent (35 percent) of the gross
sales of all retail sales during any three (3) months 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.
38. That no outdoor storage or dispiay or sales of any merchandise including shopping carts or fixtures
shall be permitted outside the building.
39. That the operator of this facility shall be fully responsible for retaining all shopping carts and/or
laundry carts and not permitting either to leave this site.
40. 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 Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as conditioned herein.
41. That prior to issuance of a building permit or within a period of one (1) year from the date of tnis
resolution, whichever occurs first, Condition Nos. 4, 5, 14, 18, 22, 24, 25, 27, 28, 29, 30, 31, 33,
35, 36 and 47, herein-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; provided, however, if an extension of time is requested for the alcoholic beverage sales
portion of tfiis conditional use permit, il shall be considered at a noticed public hearing.
42. That prior to the commencement of the activity herein approved or prior to ~nal building and zoning ~
~nspections, whichever occurs first, Condition Nos. 6, 7, 26, 32 and 40, above-mentioned, shall be
complied with.
43. That approval of this application constitutes approval of the proposed request only to the extent
that it complies wi!h the Anaheim Municipal Zoning Code and any other appiicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
eF khe request regarding any other applicable ordinance, regulation or requirement.
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44. That access to the rooF from either inside or outside the building shali be properly secured
45. That there shall be no less than three (3) ernployees present on these premises at all times,
including the security guard(s).
46. That the parking lot gate(s) shall be chained and locked from 9:00 p.m. to 7:00 a.m.
47. That the petitioner shall submit revised plans showing a minimum fifteen (15) foot setback along
Olive Street to the Zoning Division ;or review and approval by the Planning Commission as a
"Reports and Recommendations" item.
BE IT FURTHER RES~LVED that the Anaheim City Pianning Commission doe~ hereby
find and determine that aooption of this Resolution is expressly predicated upon applicanY~ compliance
with each and all of the conditions hereinabove set forth. Shou!d any such condition, or any part thereof,
be declared invalid or unenPorceable by the finai judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION,w~ ~~pt~ d at P)anning Commission meeting of
March 29, 1999. ( ~ ` / ,
ATTEST:
~(:~~~ ~ot~c.o-'
SEGRETAR , ANA IM CITY PLf1NNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the fioregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 29, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, NAPOLES
NOES: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: WILLIAMS
~
~,~Q~.~~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
- 1r~-1--=--' 1999. . ,
~~II`~~~1~w E~f7'~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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