Resolution-PC 99-58RESOLUTION NO. PC99-58
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS&I~aAJ
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4109 BE GR~NTE!., IN PART
WHErZEAS, the Anaheim City Planning Commission did receive a verified Petition for
Condifion2l Use Permit for certain real property situated in the City of Anaheim, County of prange, State
of Caiifornia, described as:
THE WEST 266 FEET OF THE NORTH ONE-HALF OF THE NORTH ONE-
hiALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 14 IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 51
PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 29, 1999 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, inves~:!aatlon and study made by
itself and in its behalf, and after due consideration oF all evidence and reports offered ai ~3aid hearing,
does find and determine the foilowing facts:
1. That the proposed use is properly one fior which a conditional use permit is authorized by
Anaheim Municipai Code Sections 18.44.050.135, 18.44.050.193 and 18.44.050.195 to establish
conformity with existing land use requirements for an existing commercial center and existing liquor store,
and to permit conversion of an existing meat market to a convenience market with waiver of the following:
Sections 18.02.058.014 - Continuation of nonconformina billboards.
18.05.050 (Code prohibits additional uses in connection with existing
and 18.44.050.090 nonconforming uses (small commercial center, a liquor store and two
billboards);
petitioner requests retention of two existing nonconforming biliboards in
connection with converting a meat market to a convenience market)
2. That this proposal, addressed at 34 0-3464 West Orange Avenue, was inadvertently
advertised with addresses of 3340-3464 West Orange Avenue.
3. That the requested waiver is hei:'y denied on the basis that there are no special
circumstances applicable to this request which would warrant grantiny of a waiver which provides a
special privilage to this property; and tr~;;;; ~' ;s property is not irregularly-shz;~ed nor is it constrained by
topography, surroundings or size.
4. That the existing commercial center (containing more than two commercial buslnesses),
existing liquor store and proposed convenience market are permitted uses in the CL "Commercial,
Limited" Zone subJect to approval of a conditional use permit.
5. That lhe proposed convenfence market wiil operate primarily as a meat i~iarket with
accessory produce sales which provides an additional service to lhe surrounding land uses and will not
adversely affect the adjoining land uses.
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6. That the commercial center and liquor store exist and the proposed conversion of the
meat market into a convenience market will operate within an existing tenant space in this center thereby
not creating any additional impacts on the center; and that the current property is large enough to to
accommodate the existing uses.
7. That additional tra~c generation is not anticipated by conversion of the existing meat
market and, therefore, the traffic generatec9 by thi=. proposal will not cause an undue burden upon the
streets and hf~hways.
8. That granting of this conditional ~se permli, as conditioned herein, wiil not be detrimenta!
to the peace, heaith, safety and general welfare of t~~e citizeris of Anaheim.
9. That no one indicated their presei~ce at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CAUFORNIA ENVlRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed this proposal to establish conformity with existing land use
requirements for an existing commercial center and existing liquor store, and to perniit conversion of an
existing meat market to a convenience market with waiver of continuation of two nonconforming billboards
on property consisting of 1.43 acres located at the southeast corner of Orange Avenue and Knott Street,
having frontages of 188 feet on tne south side of Orange Avenue and 292 feet on the east side of Knott
Street, and further described as 3440-3464 West OF,3nge Aveeu~; ~:~d does hereby approve the Negative
Declaration upon finding that lhe declaration reflects the independe~nt judgment of the lead agency and
that it has considered the Negative Declaration f~gether with any c;omments received during the public
review process and further finding on ine basis oti ~he initial study as~d any comments received that there
is no substantial evidence that lhe project will have a significant effe~;i on the environment.
NOW, THEREFORE, BE IT RESOLVED that thei Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, ;n part, upon the following conditions which
are hereby found to be a neces~ary prerequisite to the prop~sed use of the subJect prope~ty in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
Conditions for the commercial center
1. That five (5) trees shail be ol2nted in the existing pl~nter areas adjacent to Knott Street and that
five (5) trees shall be planted in the existing planter area ~df~;.:er: `.o Clrange Avenue. Specific
landscaping plans shall be submitted to the Zoning Divisior.: ~f :r.~ ;':anning Departmsnt and the
Community Development Department for review and approval. ~aid trees shall be planted within
sixty (60) days from the date of landscaping plan approval.
2. That the on-site landscaping and irrigation system shall be refurbished and .tnaintained in
compliance wilh City standards.
3. That tiees shall not be unreasonably trimmed to increase visibility of this commercial center or any
of the individual businesses.
4. That trash bins shall be stored out of the pubiic's view.
5. 7hat any existing exterior public telephone(s) shall be re-located inside the building(s); and that
any future tetephones siiall be located inside a building.
6. That the owner of subject property shali be responsible for the rerrioval oF any on-site graffiti within
twenty four (24) hours of its application.
7. That no outdoor vending machines, newspaper racks or water machines shall be visible to lhe
public rights-of-way (Orange Avenue and Knott Street).
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8. That any tree planted on-site shall be replaced fn a timely manner in the event ihat it is removed,
damaged, diseased and/or dead.
9. That all trash generated from the markets shall be properly contained in trash bins. The number of
bins shail be adequate ar.d the trash pick-up shali be as frequent as necess2ry to ensure the
sanitary handling and timely removal of refuse from the property. The Code Enforcement C'ivision,
Planning Department, shall determine the need ~or additional bins or additional pick-up. All costs
for increasing the number of bins or additional frequency of pick-up shail be paid by tlie business
owner.
1 Q. That the parking area to the east of the freestanding restaurant shall be re-siurried and striped.
11. That signs for this commercial center shall be limited to that which is shown on the exhibits and
photographs submitted by the petitioner and approved by the Planning Commission. Any additional
signs shall be subject to review and approvai by the Planning Commission as a"Reports and
Recommendations" item.
12. That this commercial center shail be timited to a maximum of sixteen (i6) units, as stipulated to by
the petitioner, unless a separate future application is made for a conditional use permit and
aoproval for additional units is granted.
13. That uniform (i.e., matching) trash receptacles shall be provided at the slore fronts.
14. That the owner of subject property shali submit a letter to the Zoninc~ Division requesting
termination of Conditional Use Permit No. 950 (tn permit on-premises sale of beer and wine in
conJunction with a proposed restaurant) and Conditional Use Permit No. 306 (to construct a service
station).
15. That the parking lot serving the premises shall be equipped witfi lighting of su~cient power to
illuminate and make easily discernible the appearance and conduci of all persons on or about the
parkiny 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 informat?^.:~
shall be specified on plans submitted to the Planning Department and the Community Services
Division of the Police Department for approval.
16. That no outdoor storage, outdoor dlsplay cr outdoor sale of any merchandise or fixtures shall be
permitted.
Conditions for the lic;uor store with sale of alcohoiic beveraaes for off-~remises consumqtion
17. That no vfdeo, electronic or other amusement devices or games shall be permitted.
18. That no advertising of alcohol shall be located, placed or altached to any location outside the
building; and that any advertising shail not be audible (either interior or exterior).
19. That no alcoholic beverages shall be consumed on the premises.
20. That lhe applicant shall be responsible for maintaining the premises free of litter at all times.
21. 7hat ~ display of alcoholic beverages shall be located ~utside the building or within five (5) feet of
any public entrance to the building.
22. That lhe sale of alcoholic beverages shall be made to customers only when the customer is inside
lhe building.
23. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer o~
wine or other alcoholic beverages.
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24. That no window signs shall be permitted.
Conditions for the convanience market
25. That there shall be no sale of alcoholic bever~ges unless a separate conditional use permit is first
granted by the Planning Commission.
26. That no video, electronic or other amusement devices or games shall be permitted.
Conditions for this Conditional Use permit No. 4109
27. That subject property shall be developed substantialiy in accordance with pians 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 th'rough 4, and as conditioned herein including that the waiver to
retain the two billboards was cJenied.
28. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 4, 5, 7, 9,
10, 13, 14, 15, 24 and 27, above-mentioned, shall be ~ompleted.
29. This condition was de/eted at the P/anning Commission pu6Jic hearing.
30. That approval of this application constitutes approval of the proposed request only to the extent th~t
it complies with the Anaheim fvlunicipal 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 anv other applicable ordinance, regulation or requirement.
31. That the busiress hours of operation for the convenience market and the Iiquor store shall be
limited to the following:
Convenience market: 8;00 a.m. to 8:00 p.m., 7 days a weelc '
Liquor store: 9:00 a.m. to 10:00 p.m., 7 days a week
32. That all shopping carts shall be stored inside ~f the convenience m~rket.
BE IT FURTHER RESdLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's comp~iance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be G~clared invGiid or unenforceable by the final judgment of any cou~ of competent jurisdiction, then this
Re:~olution, and any approvals herein containe!', shall b~ deemed null and void.
THE FOREGOING RE~OLUTION~w~s adopted the Planning Commission meeting of
March 29, 1999. ~ , / ~
PLANNING
ATfEST:
l. ~ aJ ~o/~t,~-~
SECRETARY, ANA EIM CITY PLANNING COMMISSION
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~,
STATE OF CALIFORNIA )
COUNN OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of 4he 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 an March 29, 1999, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMfv11SS10NERS: NONG
ABSENT: COR~MiSSIf~NERS: WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this `~~ day of
_~,~~~' 1999.
~ ~~a~.#~ V6~R~
SECRETARY, A I-iEIM CITY PLANNING COMMISSION
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