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2003-044RESOLUTION NO. 2003R-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04651. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit the retail sale of beer and wine for off-premises consumption at an existing legally nonconforming convenience market upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF LOT 4 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS," IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF CENTER STREET, AS SHOWN ON SAID MAP DISTANT NORTH 74° 37' 25" EAST 770.13 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE CENTERLINE OF EAST STREET, AS SHOWN ON SAID MAP; THENCE NORTH 74° 37' 25" EAST ALONG CENTERLINE OF CENTER STREET, 180.00 FEET; THENCE NORTH 15° 24' 15" WEST PARALLEL WITH SAID CENTERLINE OF EAST STREET; 480.00 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO ZION EVANGELICAL LUTHER3kN CHURCH OF ANAHEIM, RECORDED JUNE 30, 1961 IN BOOK 5770, PAGE 813 OF OFFICIAL RECORDS; THENCE SOUTH 74° 37' 25" WEST ALONG SAID SOUTHERLY LINE OF THE LAND OF ZION EVANGELICAL LUTHERAN CHURCH, 180.00 FEET TO A LINE PARALLEL WITH SAID CENTERLINE OF EAST STREET AND PASSES THROUGH THE POINT OF BEGINNING: THENCE g0UTH 15° 24' 15" EAST ALONG SAID PAR3ILLEL LINE 480.00 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. PC2003-16 denying Conditional Use Permit No. 2002-04651; 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. 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2002-04651 be, and the same is hereby, granted permitting the retail sale of beer and wine for off- premises consumption at an existing legally nonconforming convenience market on the hereinabove described real property, subject to the following conditions: 1. That this permit shall expire one (1) year from the date of this resolution on March 18, 2004. 2. That the hours of operation shall be limited to 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m., on Sunday. 3. 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. 4. 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 (interior or exterior). 5. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 6. That no alcoholic beverages shall be consumed on the premises. 7. That the areas of alcoholic beverages display shall not exceed twenty-five (25) percent of the total display area in the convenience market. 8. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 9. That no person under 21 years of age shall be permitted to sell alcoholic beverages. 10. That no exterior vending machines shall be permitted. 11. That no video, electronic or other amusement devices or games shall be permitted on the premises. 12. That roof-mounted balloons or other inflated devices shall not be permitted. 13. That shopping carts shall be stored inside the building and there shall be no outdoor storage or stacking of shopping carts. 14. That no window signage shall be permitted. 15. 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. 3 16. That there shall be no public telephones maintained on the property that are located outside of the building and within the control of the applicant. 17. 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. 18. That all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. 19. 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 Police Department, Community Services Division approval. 20. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 740 (to permit a hofbrau with on-sale beer) and 529 (to permit a family billiard center without liquor) to the Zoning Division. 21. That the proposal shall comply with all signing requirements of the CL Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator and new signage shall be subject to review and approval by the Commission as a Reports and Recommendation item. 22. 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. 23. That the gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 24. That prior to commencement of activity authorized by this resolution or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 15, 16, 18, 19, 20 and 22, above-mentioned shall be complied with. 25. 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, 4 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/~pproved a~d adopted by the of the City of Anaheim ~s 18th~of March, 2003. City Council MAYOR OF THE CItY O~ ANAHEIM ATTEST: C~TY CLER~ OF 5fHE CITY OF ANAHEIM 48795.1 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. 2003R-44 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez: McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None Cl'l~' CLERK dF THI~ CITY OF ANAHEIM (SEAL)