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97-134RESOLUTION NO. 97R -134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3929, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 2,400 sq.ft. convenience market within an existing commercial retail center with 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 EAST 141.30 FEET OF LOT 1 OF TRACT NO. 5090, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188, PAGE(S) 9 AND 10, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER 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. PC97 -57 granting, in part, Conditional Use Permit No. 3929; 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, and that Conditional Use Permit No. 3929 be, and the same is hereby, granted in part, permitting a 2400 sq. ft. convenience market (but prohibiting the sale of alcoholic beverages) within an existing commercial center on the hereinabove described real property, subject to the following conditions: 1. That there shall be no public telephones maintained on the property, which telephones are located outside the building and within control of the applicant. 2 That the existing twenty eight (28) foot high pole sign shall be removed within ninety (90) days of the date of this resolution. Any additional signage shall be limited to those signs submitted to and approved by the Planning Commission as a "Reports and Recommendations" item. Any proposed freestanding sign shall be a monument type not exceeding eight (8) feet in height. 3. That a landscaping plan for the entire site shall be submitted to the Zoning Division, Planning Department, showing the type, size and location of the proposed landscaping and irrigation. Landscaping shall include at least two (2) tree wells adjacent to Lincoln Avenue, each planted with one (1), minimum fifteen (15) gallon sized, tree. Following approval, the landscaping shall be installed and maintained in accordance with the plan. 4. That an on -site trash truck turn around area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 5. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 6. That no window signs shall be permitted at any time, to maintain unobstructed visibility into the store interior from the outside. 7. That there shall be no coin operated games maintained upon the premises at any time. 8. That retail sales of alcoholic beverages is prohibited. 9. 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. 10. That the business hours of the convenience market shall be limited to 6 a.m. to midnight, as stated by the petitioner. 11. That the parking lot to the rear of the building (shown on the approved exhibits) shall be restriped to include at least eighteen (18) additional parking spaces for a total of forty five (45) spaces. 12. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Variance No. 843 (to construct and operate a 60 -unit motel), Variance No. 934 (to construct two freestanding signs for a real estate office), and Variance No. 1561 (to waive construction of a 6 -foot high block wall along the east boundary of the subject property). 13. 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 Nos. 1 and 2, and as conditioned herein. 14. That prior to the commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 11, 12 and 13, 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. 15. 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 July, 1997. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 0023720.01 MAYOR OF THE CITY OF AHEIM 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. 97R -134 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of July, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, 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. 97R -134 on the 15th day of July, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of July, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R 134 was duly passed and adopted by the City Council of the City of Anaheim on July 15, 1997. CITY CLERK OF THE CITY OF ANAHEIM—