99-102RESOLUTION NO. 99R-102
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4109.
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 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 upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THE WEST 266 FEET OF THE NORTH ONE-HALF OF
THE NORTH ONE-HALF 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; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
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. PC 99-58 granting, in
part, Conditional Use Permit No. 4109; 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 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 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.
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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4109 be, and the same is hereby,
granted on the hereinabove described real property with a waiver
of the following provisions of the Anaheim Municipal Code:
~2-
Sections 18.02,058,014
18.05,050
and 18.44,050,090
Continuation of nonconformin~
billboards.
(Code prohibits additional uses in
connection with existing
nonconforming uses (small
commercial center, a liquor store
and two billboards);
petitioner requests retention of
two existing nonconforming
billboards in connection with
converting a meat market to a
convenience market)
subject to the following conditions:
That five (5) trees shall be planted in the existing
planter areas adjacent to Knott Street and that five (5)
trees shall be planted in the existing planter area
adjacent to Orange Avenue. Specific landscaping plans and
landscaping phasing plans shall be submitted to the Zoning
Division of the Planning Department and the Community
Development Department for review and approval. Said
trees shall be planted in accordance with the approved
landscaping plan and landscaping phasing plan.
That the on-site landscaping and irrigation system shall
be refurbished and maintained in compliance with City
standards.
That trees 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 public's view.
5. Deleted.
That the owner of subject property shall be responsible
for the removal of any on-site graffiti within twenty four
(24) hours of its application.
That no outdoor vending machines, newspaper racks or water
machines shall be visible to the public rights-of-way
(Orange Avenue and Knott Street).
10.
11.
12.
13.
14.
15.
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.
That all trash generated from the markets shall be
properly contained in trash bins. 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, shall determine
the need for additional bins or additional pick-up. All
costs for increasing the number of bins or additional
frequency of pick-up shall be paid by the business owner.
That the parking area to the east of the freestanding
restaurant shall be re-slurried and striped.
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 approval by the Planning Commission as a
"Reports and Recommendations" item.
That this commercial center shall be limited to a maximum
of sixteen (16) units, as stipulated to by the petitioner,
unless a separate future application is made for a
conditional use permit and approval for additional units
is granted.
That uniform (i.e., matching) trash receptacles shall be
provided at the store fronts.
That the owner of subject property shall submit a letter
to the Zoning Division requesting termination of
Conditional Use Permit No. 950 (to permit on-premises sale
of beer and wine in conjunction with a proposed
restaurant) and Conditional Use Fermit No. 306 (to
construct a service station).
That the parking lot serving the 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 to the
-4-
Planning Department and the Community Services Division of
the Police Department for approval.
16. That no outdoor storage, outdoor display or outdoor sale
of any merchandise or fixtures shall be permitted.
Conditions for the liquor store with sale of alcoholic beverages
for off-premises consumption
17. That no video, electronic or other amusement devices or
games shall be permitted.
18. That no advertising of alcohol shall be located, placed or
attached to any location outside the building; and that
any advertising shall not be audible (either interior or
exterior}.
19. That no alcoholic beverages shall be consumed on the
premises.
20. That the applicant shall be responsible for maintaining
the premises free of litter at all times.
21. That no display of alcoholic beverages shall be located
outside the building or within five (5) feet of any public
entrance to the building.
22. That the sale of alcoholic beverages shall be made to
customers only when the customer is inside the building.
23. That no person under twenty one (21) years of age shall
sell or be permitted to sell any beer or wine or other
alcoholic beverages.
24. That no window signs shall be permitted.
Conditions for the convenience market
25. That there shall be no sale of alcoholic beverages 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 substantially in
-5-
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 Nos. 1
through 4, and as conditioned herein including that the
waiver to retain the two billboards was denied.
28.
29.
30.
31.
32.
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 completed.
This condition was deleted at the Planning Commission
public hearing.
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.
That the business hours of operation for the convenience
market and the liquor store shall be limited to the
following:
Convenience market: 8:00 a.m. to 8:00 p.m., 7 days a week
Liquor store: 7:00 a.m. to 1:00 a.m., 7 days a week
That all shopping carts shall be stored inside of the
convenience market.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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.
-6-
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18th day of May 1999.
MAYR~OF~NA<IM
ATTEST: ~
CITY CLERK OF THE CITY OF ANAHEIM
31034.1
-7-
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-102 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 18th day of May 1999, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES:
MAYOR/COUNCIL MEMBERS: Daly
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-102 on the 18th day of May, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 18th day of May, 1999.
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-102 was duly passed and adopted by the City Council of the
City of Anaheim on May 18th 1999.
CITY CLERK OF THE CITY OF ANAHEIM