97-144RESOLUTION NO.97R -144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 2973 AND AMENDING RESOLUTION NO.
PC88 -17.
WHEREAS, the Planning Commission of the City of Anaheim
heretofore adopted Resolution No. PC88 -17 approving Conditional Use
Permit No. 2973, subject to certain conditions specified therein;
and
WHEREAS, the permittee has now requested an amendment to
certain of said conditions of approval; and
WHEREAS, the Planning Commission heretofore adopted its
Resolution No. PC97 -48 approving said amendment to conditions of
approval of Conditional Use Permit No. 2973; and
WHEREAS, the decision the Planning Commission was
subsequent appealed to, or set for review by the City Council; and
WHEREAS, the City Council held a duly noticed public
hearing on said Conditional Use Permit No. 2973, at which hearing
the City Council did receive and consider evidence, both oral and
documentary, relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval in the manner
hereinafter set forth is reasonably necessary to protect the public
peace, health, safety or general welfare, or necessary to permit
reasonable operation under said Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 2973 be, and the same are hereby,
amended by the amendment of Condition No. 15 as set forth in
Resolution No. PC88 -17 to read as follows:
"15. That there shall be no sale of beer and
wine on the premises except as may be expressly
authorized pursuant to this Resolution and the
conditions hereinafter set forth."
BE IT FURTHER RESOLVED that new Conditions Nos. 17
through 38, inclusive, be, and the same are hereby, added to
Resolution No. PC88 -17, to read as follows:
17. That trees shall not be unreasonably trimmed to increase
visibility of the facility.
18. That the parking lot serving the premises shall be equipped
with lighting of sufficient power to illuminate, and make
easily discernible, 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 the window areas of nearby businesses.
19. That all provisions of Anaheim Municipal Code Section
18.87.023.020 (pertaining to off -sale beer and /or wine in
service stations), as it may be amended from time to time,
shall be complied with.
20. That the sales of alcoholic beverages shall not exceed thirty
five percent (35%) of the gross sales 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 subject to audit, and made available,
when requested by any City of Anaheim Code Enforcement or
Police Officer during reasonable business hours.
21. That there shall be no coin operated games maintained upon the
premises at any time.
22. That the sale of alcoholic beverages shall be made to
customers only when the customer is inside the building.
23. That no person under twenty one (21) years of age shall sell
or be permitted to sell any beer or wine.
24. That there shall be no audio (interior or exterior)
advertisement of beer and /or wine sales.
25. That any tree planted on -site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased
and /or dead and that all landscaping shall be irrigated and
maintained in good condition at all times.
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26. That, in conformance with Anaheim Municipal Code Section
18.44.050.070 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.
27. That sales of beer and /or wine shall be permitted only between
the hours of 8 a.m. and 11 p.m.
28 That no alcoholic beverages shall be consumed on the property.
29. That the owner of subject property shall be responsible for
the removal of litter on a daily basis and any on -site
graffiti within twenty -four (24) hours of its application.
30. That any on -site public telephone(s) shall be located within
fifteen (15) feet of the main entrance or inside the
convenience market.
31. That no window signs shall be permitted.
32 That approval for the off premises sale of beer and wine shall
terminate on July 22, 1998, if the applicant has not purchased
an existing active and operating Alcoholic Beverage Control
license within the same census tract prior to said date. No
sale of beer and /or wine for off premises consumption shall be
permitted on the property unless and until the applicant has
purchased an existing and active ABC license within the same
census tract not later than July 22, 1998.
33. That no outdoor display of merchandise or any other products
for sale shall be permitted unless first authorized by a
Special Event Permit.
34. That the barrels stored near the trash enclosure shall be
removed and no outdoor storage shall be permitted.
35. That minimum fifteen (15) gallon sized trees shall be planted
adjacent to Magnolia Avenue (minimum nine [91 trees) and
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Broadway (minimum seven [7] trees).
36. 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 through 3;
except as otherwise conditioned herein.
37. That prior to the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 18, 26,
34, 35 and 36 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.
38. 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, except as expressly amended
herein, Resolution No. PC88 -17 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of July, 1997.
ATTEST
CITY CLERK OF THE CITY OF ANAHEIM
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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 -144 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 22nd day of July, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Daly
NOES: MAYOR /COUNCIL MEMBERS: Lopez
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (abstained)
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -144 on the 22nd day of July, 1997.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd 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 -144 was duly passed and adopted by the City Council of
the City of Anaheim on July 22nd, 1997.
CITY CLERK OF THE CITY OF ANAHEIM