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2003-088RESOLUTION NO. 2003R-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003- 04674. 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 permit a WIC (Women, Infant and Children) convenience store within an existing two-unit office building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 5 IN BLOCK 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, OF TRACT NO. 304, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDED OF SAID ORANGE COUNTY. EXCEPTING THE WESTERLY 2.75 FEET THEREOF; 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. PC2003-61 denying Conditional Use Permit No. 2003-04674; 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 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. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 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. 2003-04674 be, and the same is hereby, granted permitting a WIC (Women, Infant and Children) convenience store within an existing two-unit office building on the hereinabove - 2 - described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.020.021.0212- 18.06.050.020.022 18.06.080 and 18.45.066.050 Minimum number of parking spaces. (14 spaces required; 8 spaces proposed and concurred with by the City Traffic and Transportation Manager) subject to the following conditions: 1. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking letter that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking letter, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That the hours of operation shall be limited to 8:30 a.m. to 7 p.m., Monday through Friday, and 10 a.m. to 4:30 p.m. on Saturday. 3. That the rear entrance to the building, adjacent to the parking lot, shall be utilized strictly for employees, and shall not be utilized for patrons of the WIC convenience store. 4. That no alcoholic beverages shall be sold or consumed on the premises. 5. That no video, electronic or other amusement devices or games shall be permitted on the premises. 6. That no fast-food services or other services separate from the normal WIC transactions shall be permitted in the convenience market. 7. That all public telephones (existing or proposed) under the control of the applicant shall be located inside the building only. 8. The roof-mounted balloons or other inflated devices shall not be permitted on the property. 9. That no outdoor vending machines visible to adjacent public streets shall be permitted on the property. 10. That there shall be no outdoor storage permitted on the premises. - 3 - 11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other merchandise storage or display. 12. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 13. That prior to commencing operation of the convenience market, a valid business license shall be obtained from the Business License Division of the City Planning Department. 14. That the proposal shall comply with all signing requirements of the CG Zone unless a variance allowing sign waivers is approved by the City Council or Planning Commission. 15. That no sign shall be lighted between the hours of midnight and 6:30 a.m. unless such signs identifies a business which remains open during those hours. 16. That window signage shall not be permitted for the convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. 17. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to the view from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 18. That any existing or proposed roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section 18.45.030.130 pertaining to the CG (Commercial, General) Zone. Said information shall be specifically shown on plans submitted for Zoning Division approval. 19. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 20. 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 Exhibit No. 1, 2 and 3 and as conditioned herein. 21. That the parking lot shall be repaired and resurfaced with a new slurry coat. Said information shall be specifically - 4 - shown on plans submitted for review and approval by the Traffic and Transportation Manager. 22. That prior to 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. 12, 13, 17, 18, 20 and 21 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. 23. 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. 24. That no shopping carts shall be provided or available on the premises. 25. That the operator shall provide shuttle bus service available to customers during all store business hours and conspicuously advertise the availability of such service to customers. Shuttle bus loading and unloading shall be provided on- site and shuttle bus access to the premises shall be only from the alley east of the premises. 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 Anah~,~hj~ 20~y of May, 2003. MAYOR OF TH~ CITY'OF ANAHEIM ATTEST: CYTY CLE~( OF ~THE C[TY OF ANAHEIM 49757.1 - 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. 2003R-88 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of May, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Hernandez, McCracken, Tait, Chavez NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~ITY CLEZRK OF/I'HE CITY OF ANAHEIM (SEAL)