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2002-208RESOLUTION NO. 2002R-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04570. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit expansion of an existing legal non-conforming mini market with retail sale of alcoholic beverages for off-premises consumption upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE EASTERLY 66.00 FEET OF THE WESTERLY 132.00 FEET OF THE WEST 3 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM , COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE SOUTH 40 FEET THEREOF AS DEEDED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 28, 1955 IN BOOK 3155, PAGE 147 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE NORTHERLY 420.00 FEET; 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. PC2002-115 granting Conditional Use Permit No. 2002-04570; and WHEREAS, thereafter, within the time prescribed by law, the permit applicant caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, the only reason the applicant seeks review of the decision of the Planning Commission is with regard to the condition of approval which provides that "beer shall not be sold in packages containing less than a six pack" (Condition No. Resolution PC2002-115; and 2 of 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. WHEREAS, the City Council does further find and determine with regard to the condition requiring the sale of beer in packages containing not less than a six pack that: 1. The current business, and the location of the proposed expansion, is located within Reporting District 1621 which has a crime rate of 42 percent above average. The Reporting District to the north is 1521 and has a crime rate of 244 percent above average. The Reporting District to the south is 1721 and has a crime rate of 3 percent above average. The Reporting District to the west is 1620 and has a crime rate of 113 percent above average. The Reporting District to the east is 1622 and has a crime rate of 393 percent above average. 2. The consumption of alcoholic beverages in public is a major factor in contributing to the high crime rate in the vicinity of the proposed expansion. 3. The sale of beer by the individual bottle or can 2 facilitates, and is a major contributor to, the consumption of alcoholic beverages in public and among the transient population in the vicinity of the proposed expansion. 4. Therefore, the sale of beer in individual cans and bottles at the location of the proposed expansion would be detrimental to the public peace, health, safety and general welfare by further contributing to the high crime rate in the vicinity. 5. The condition prohibiting the sale of beer and wine coolers by individual cans or bottles is similar to the restriction placed upon other similar businesses located in high crime areas in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2002-04570 be, and the same is hereby, granted permitting expansion of an existing legal non-conforming mini market with retail sale of alcoholic beverages for off-premises consumption expansion of an existing legal non-conforming mini market with retail sale of alcoholic beverages for off-premises consumption on the hereinabove described real property, subject to the following conditions: 1. That the hours of operation shall be limited to: Sunday through Thursday: 7 a.m. to 11 p.m. Friday and Saturday: 7 a.m. to midnight 2. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 3. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that no such advertising shall be audible (either inside or outside the building). 4. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 5. That no alcoholic beverages shall be consumed on the premises. 6. That the areas of alcoholic beverages display shall not exceed twenty five (25) percent of the total display area in the mini market. 3 7. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. 8. That no person under twenty one (21) years of age shall be permitted to sell alcoholic beverages. 9. That no exterior vending machines shall be permitted. 10. That no video, electronic or other amusement devices or games shall be permitted on the premises. 11. That no roof-mounted balloons or other inflated devices shall be permitted. 12. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. 13. That no window signs shall be permitted. 14. That the parking lot serving the premises shall be maintained with 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 adjacent properties. A plan showing said lighting shall be submitted to the Community Services Division of the Police Department for review and approval. 15. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 16. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of "graffiti" within twenty four (24) hours from time of occurrence. 17. That all fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all windows. 18. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, approval. 19. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council; and that any new signage shall be subject to review and approval by the Planning Commission as a "Reports and 4 Recommendations" item. 20. 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 Exhibit No. 1, and as conditioned herein. 21. That prior to commencement of any activity authorized by this resolution or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 14, 15, 17, 18 and 20, above-mentioned shall be complied with. 22. 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. 23. That within one (1) month from the date of this resolution, all existing 'rider signs' attached to the existing pole sign shall be removed; and that a trash enclosure shall be constructed to the satisfaction of the Public Works Department, Streets and Sanitation Division. 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 24th day of September, 2002. MAYOR OF THE CITY OF ANAHEIM Pro Tern ATTEST: THE CITY OF ANAHEIM 46675.1 5 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-208 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of September, 2002, 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 (SEAL)