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99-130RESOLUTION N0. 99R- 130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4105. 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 Zoning Code land use requirements for the existing commercial retail center and existing liquor store with retail sale of alcoholic beverages for off- premises consumption, and to establish a church within the same commercial center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: BEGINNING AT A BOLT MARKING THE INTERSECTION OF THE CENTER LINE OF CROWTHER AVENUE AS LAID OUT BY THE COUNTY OF ORANGE, WITH THE CENTER LINE OF ORANGETHORPE AVENUE AS ESTABLISHED BY THE CALIFORNIA STATE HIGHWAY DIVISION; THENCE FROM SAID POINT NORTH 87 DEGREES 15 MINUTES 40 SECONDS WEST 943.70 FEET ALONG SAID CENTERLINE OF CROWTHER AVENUE; THENCE SOUTH 2 DEGREES 08 MINUTES 20 SECONDS WEST 326.50 FEET TO A POINT IN THE SAID CENTERLINE OF ORANGETHORPE AVENUE; THENCE NORTH 83 DEGREES 34 MINUTES 20 SECONDS EAST 944.39 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION INCLUDED IN BLOCK ~~K" ALSO EXCEPT THEREFROM THE FOLLOWING: ALL THAT PORTION OF SAID LAND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE CENTERLINE OF ORANGETHORPE AVENUE, SAID POINT BEING DISTANT SOUTH 73 DEGREES 33 MINUTES 22 SECONDS WEST 510.53 FEET FROM THE CENTERLINE INTERSECTION OF ORANGETHORPE AVENUE AND MILLER STREET, AS PER MAP RECORDED IN BOOK 16, PAGE 36, RECORD OF SURVEYS OF SAID ORANGE COUNTY: THENCE NORTH 2 DEGREES 17 MINUTES 21 SECONDS EAST, 183.25 FEET: THENCE NORTH 17 DEGREES 48 MINUTES 43 SECONDS EAST 119.30 FEET TO A POINT ON THE CENTER LINE OF PLACENTIA YORBA BOULEVARD (FORMERLY CROWTHER AVENUE), SAID POINT BEING DISTANT SOUTH 87 DEGREES 17 MINUTES 28 SECONDS EAST, 113.19 FEET FROM THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO THE ANAHEIM UNION WATER COMPANY, AND SHOWN ON SAID MAP RECORDED IN BOOK 16, PAGE 36, RECORD OF SURVEYS OF SAID ORANGE 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. PC99-62 granting Conditional Use Permit No. 4105; 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 -2- 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 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, Conditional Use Permit No. 4105 be, and the same is hereby, granted to establish conformity with existing Zoning Code land use requirements for the existing commercial retail center and existing liquor store with retail sale of alcoholic beverages for off- premises consumption, and to establish a church within the same commercial center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.0211 - Minimum number of parking spaces. 18.06.050.022 (69 spaces required; 18.06.050.0266 56 spaces proposed and recommended by 18.06.050.0268 the City Traffic and 18.06.080 Transportation Manager) and 18.44.066.050 subject to the following conditions: Church 1. (a) That the hours of operation for church services and Bible studies shall be limited to: Sunday: 9 a.m. to 1 p.m. and 7 p.m. to 9 p.m. Monday through Friday: 7 p.m. to 9 p.m. (b) That the maximum attendance shall be twenty (20) adults and fifteen (15) children. 2. That this conditional use permit does not include approval of a child care facility, playground, or any school, with the exception of the children's Sunday School. 3. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or playground uses. -3- 4. That the conditional permit for the church use portion of this permit shall expire, and the church use shall be terminated, three (3) years from the date of this resolution, on June 15, 2002. 5. That no exterior amplified bells shall be installed or used in conjunction with this church. Liquor store with sale of alcoholic beverages for off-premises consumption 6. (Proposed Condition No. 6 was deleted at the Planning Commission public hearing.) 7. That all trash generated by this business shall be properly contained in trash bins contained 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 of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 8. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 9. That all public telephones (existing or proposed) shall be (re)located inside the liquor store or adjacent to an exterior wall of the building. 10. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (either inside or outside). 11. That no alcoholic beverages shall be consumed on the premises. 12. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 13. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 14. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 15. (Proposed Condition No. 15 was deleted at the Planning w, Commission public hearing.) 16. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. -4- 17. That the hours of operation for the liquor store shall be limited to: Sunday through Thursday: 5 a.m. to 1:00 a.m. Friday and Saturday: 5 a.m. to 2:00 a.m. Commercial Center 18. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 19. That within a period of six (6) months from the date of this resolution, a minimum of eighteen (18), minimum fifteen (15) gallon sized, trees shall be planted in the landscaping planters immediately adjacent to Crowther Avenue and Orangethorpe Avenue. Said trees shall be planted. 20. That the locations for any future above-ground utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Such plans shall also identify the specific treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 21. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2490 (to expand an existing restaurant with on-sale beer and wine) and Conditional Use Permit No. 1937 (to permit on-sale beer and wine in a proposed restaurant). 22. That roof-mounted balloons or other inflated devices shall not be permitted. 23. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 24. 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 nearby residential properties; and that said lighting information shall be specified on plans submitted for Police Department, Community Services Division, and Planning Department, Zoning Division, approval. -5- 25. That no exterior vending machines shall be permitted. 26. That owner shall work with "Tree Power" to install street trees within the public rights-of-way adjacent to Orangethorpe Avenue and Crowther Avenue. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 27. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned so as to provide increased visibility of the facility. 28. 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 to the street or adjacent properties. 29. That any existing or proposed roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to roof-mounted equipment in the CL (Commercial, Limited) Zone. Said information shall be specifically shown on the plans submitted for Zoning and Building Division approval. 30. That the maximum number of tenant units shall be limited to ten (10) as shown on the exhibits submitted by the petitioner and approved by the Planning Commission. 31. That wall signs shall be limited to one (1) per business except for corner units which shall be limited to a maximum of two (2) wall signs (one (1) sign per building elevation). Said information shall be specifically shown on plans submitted for Zoning Division approval. Existing wall signs exceeding this requirement shall be removed within a period of three (3) months from the date of this resolution. 32. That the property owner shall be responsible for maintaining the premises free of litter at all times. 33. That sign permits shall be obtained for the existing approximately eighteen (18) foot high freestanding sign or said un-permitted freestanding sign shall be removed. 34. That the un-permitted approximately five (5) foot high sign located in the easterly landscaping planter shall be removed. 35. That any future signage for this property shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 36. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City -6- of Anaheim by the petitioner and which plans are on file with the ~~ Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 37. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 31, 33 and 34, above-mentioned, shall be completed. 38. That prior to the issuance of building permits, or prior to the commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 21, 24 and 29, 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. 39. That prior to final building and zoning inspections, Condition Nos. 9, 23, 26, 28 and 36, above-mentioned shall be complied with. 40. 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of June, 1999. ~, MAYO OF THE CITY OF AHEIM ATTEST: ~ ~~ ~ _ CITY CLERK OF THE CITY OF ANAHEIM 31361.1 -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-130 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of June, 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-130 on the 15th day of June, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of June, 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-130 was duly passed and adopted by the City Council of the City of Anaheim on June 15th, 1999. ~~ CITY CLERK OF THE CITY OF ANAHEIM