2002-188RESOLUTION NO. 2002R-188
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2001-
04&99.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to establish land use conformity with existing Zoning Code land
use requirements for an existing automobile service station and
to permit conversion of the existing service station building
into an accessory food mart upon certain real property located
within the City of Anaheim, County of Orange, State of
California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 6, IN TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED
IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COIINTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SECTION 6, AND RIINNING THENCE NORTH 0' 39'
00" WEST ALONG THE WEST LINE OF SAID SECTION,
188 FEET; THENCE NORTH 89' 21' 20" EAST
PAPJtLLEL WITH THE SOUTH LINE OF SAID SECTION,
128 FEET; THENCE SOUTHEASTERLY IN A DIRECT
LINE TO A POINT IN A LINE WHICH IS PAR3tLLEL
WITH, AND DISTANT 188 FEET EASTERLY FROM THE
WEST LINE OF SAID SECTION, SAID POINT BEING
DISTANT THEREON NORTH 0' 39' 00" WEST 128
FEET FROM THE SOUTH LINE OF SAID SECTION;
THENCE SOUTH 0' 39' 00" WEST ALONG SAID
PARALLEL LINE, 128 FEET TO THE SOUTH LINE OF
SAID SECTION; THENCE SOUTH 89' 21' 20" WEST
ALONG SAID SOUTH LINE, 188 FEET TO THE POINT
OF BEGINNING; 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. PC2002-31 denying
Conditional Use Permit No. 2001-04499; 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 consi-
deration 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated
Conditional Use Permit No. 2001-04499 be, and the same is hereby,
granted to permit conversion of the existing service station
building into an accessory food mart on the hereinabove described
real property, subject to the following conditions:
1. That no alcoholic beverages shall be sold or consumed on the
premises.
2. That all trash generated from this facility 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.
Ail costs for increasing the number of bins or frequency of
pick-up shall be paid for by the business owner.
3. That no shopping carts, video, electronic or other amusement
devices or games shall be permitted in conjunction with this
convenience market.
4. That prior to the operation of this business, a valid
business license shall be obtained from the City of Anaheim,
Business License Division of the Finance Department.
5. That window signage shall not be permitted for the
convenience market. Ail fixtures, displays, merchandise and
other materials shall be setback a minimum of three (3) feet from
all window areas. Said information shall be specifically shown
on plans submitted for building permits.
6. That roof-mounted balloons or other inflated devices shall
not be permitted.
7. That 4-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. Said information shall be specifically shown on
plans submitted for review and approval by the Police Department,
Community Services Division.
8. That any existing or proposed roof-mounted equipment shall
be subject to the screening requirements of Anaheim Municipal
Code Section No. 18.61.030.100 pertaining to the ML Zone. Said
information shall be specifically shown on the plans submitted
for Zoning and Building Division approval.
9. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage use.
i0. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence.
1t. That the parking lot serving the premises shall be equipped
with decorative lighting of sufficient power to illuminate and
make easily discernable 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 any off-site windows. Said information
shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
12. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully screened
by architectural devices and/or appropriate building materials;
and, further, such information shall be specifically shown on the
plans submitted for building permits.
13. That any public telephones proposed on-site shall be located
inside the convenience market.
14. That a final landscape and irrigation plan for subject
property showing plant type, size and location (including minimum
24-inch box sized trees) shall be submitted to the Zoning
Division for review and approval. Any decision made by the
Zoning Division regarding said plan may be appealed to the
Planning Commission and/or City Council.
15. That if required by the Urban Forestry Division of the
Community Services Department, street trees shall be installed,
by the property owner, within the public right-of-way adjacent to
La Palma and Magnolia Avenues. The size, type and number of
trees shall be provided to the satisfaction of the Urban Forestry
Division of the Community Services Department.
16. That, in conformance with Anaheim Municipal Code Section
18.61.050.055, pertaining to removal of closed service stations,
an unsubordinated agreement shall be recorded with the Office of
the Orange County Recorder agreeing to remove the service station
structures in the event that the station is closed for a period
of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less
than fifteen (15) days. A copy of the recorded agreement shall
be submitted to the Zoning Division.
17. Deleted.
18. That there shall be no on-site tables or seating areas for
the consumption of food.
19. That no exterior vending machines shall be permitted that
would be visible off-site.
20. That signage for subject facility shall be limited to that
shown on the exhibits submitted by the petitioner. Any
additional signage shall be subject to approval by the Planning
Commission as a "Reports and Recommendations" item.
21. That the 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, Exhibit Nos. 1, 2, 3,
4 and 5 as conditioned herein.
22. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 5, 7, 8, 11, 12, 14 and
16, 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.
5
23. That prior to final building and zoning inspections,
Condition Nos. 4, 13, 15 and 21, above-mentioned, shall be
complied with.
24. 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 6th day of August, 2002.
MAYOR C
ATTEST:
~T~ CLK~K OF'THE CITY OF ANAHEIM
46094 . 1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-188 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 6th day of August, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Kring, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Tait
Cl-I-,~ CLERK dF T-HL~ ~ITY OF ANAHEIM
(SEAL)