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2003-181RESOLUTION NO. 2003R -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. PC2001 -134 AND AMENDING RESOLUTION NO. PC2001- 004433 WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001 -134, grant Conditional Use Permit No. 2001 -04433 to establish land use conformity with Zoning Code land use requirements for an existing commercial retail center, Laundromat and liquor store, and to permit a convenience market at 1056 North State College Boulevard; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 28, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study 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 -1 l 4 approving an amendment to the conditions of approval in Conditional Use Permit No. 2001 - 04433; and WHEREAS, thereafter, within the time provided by law, members of the City Council did appeal such decision to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on September 23, 2003, 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. 2001 -00433 be, and the same are hereby, amended in their entirety to read as follows: " Convenience Market 1. That the hours of operation for the convenience market shall be limited to 6 a.m. to 10 p.m. daily. Deliveries shall only occur using east facing doorways from 12 p.m. to 3 p.m. 2. That the sale of beer and wine 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 showing 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 official during reasonable business hours. 3. That no advertising of beer and wine shall be located, placed or attached to any location outside the building; and that no audible advertising of beer and wine shall be permitted. 4. That no beer and wine shall be consumed on the premises. 5. That no display of beer and wine shall be located outside the building or within five (5) feet of any public entrance to the building. 6. That the areas of beer and wine display shall not exceed twenty five percent (25 %) of the total display area in the convenience market building. 7. That the sale of beer and wine 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 sell or be permitted to sell any alcoholic beverages. 9. 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. 10. That no video, electronic or other amusement devices or games shall be permitted in conjunction with this convenience market. IL . That window signs shall not be permitted for the convenience market; and that all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. I La. That the retail sale beer and wine for off - premises consumption shall expire two (2) years from the date of this Resolution on July 28, 2005. 11.b. That the convenience market shall prohibit customers from removing shopping carts from inside the building unless accompanied by an employee who will be responsible for the cart's return to the market. Signs shall be posted near the market's exit (in English and Spanish) indicating this provision. T .anndromat 12. That there shall be no amusement devices or games maintained upon the premises at any time. 13. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 14. That the operator of this Laundromat shall be fully responsible for keeping all laundry - 2 - carts inside the building. 15. That during all hours of operation the laundromat shall be operated with at least one (1) attendant on -site. 16. That there shall be no window signs permitted in connection with the laundromat. Liquor Store 17. That no alcoholic beverages distributed from this establishment shall be consumed on the property. 18. That there shall be no amusement devices or games maintained upon the premises at any time. 19. That no public telephones, which are located outside the building and within the control of the applicant, shall be maintained on the property. 20. That there shall be no window signs permitted in connection with the liquor store. Commercial Retail Center 21. That all trash generated from this commercial retail center shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick -up. All costs for increasing the number of bins or frequency of pick -up shall be paid for by the business owners. 22. That all public telephones (existing or proposed) shall be located inside the building only. 23. That no outdoor storage, display or sales of merchandise or fixtures shall be permitted. 24. 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 dies. 25. That roof - mounted balloons or other inflated devices shall not be permitted. 26. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 27. That no vending machines, which are visible to the public rights -of -way, shall be permitted on the property. 28. That any existing or proposed roof - mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. - 3 - 29. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 30. That the property shall be permanently maintained in an orderly 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. 31. That the property owner shall be responsible for maintaining the premises free of litter at all times. 32. That the number of tenant spaces shall be limited to thirty (30) units as reflected in the site plan (Exhibit No. 1). 33. That signage for subject facility shall be limited to all legal existing signage as of the date of this Resolution. Any additional signage shall be subject to review and approval by the Planning Commission as a 'Reports and Recommendations' item. 34. That all wall sign cabinets shall be fitted with copy panels. 35. 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. l and Revision l of Exhibit No. 2, and as conditioned herein. 36. That prior to the commencement of the activity authorized by this Resolution Condition No. 35, above - mentioned, shall be complied with. 37. 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. PC2001 -134 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of September, 2003 �L MAYOR OF THE TY ANAHEIM AT7ST: ITY CL K O THE CITY OF ANAHEIM 51415.1 - 4 - 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 -181 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of September, 2003, by the following vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: MAYOR /COUNCIL MEMBERS MAYOR /COUNCIL MEMBERS MAYOR /COUNCIL MEMBERS MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken None None None �J&4a 446-� TY CLERk OF THE CITY OF ANAHEIM (SEAL)