Resolution-PC 2001-103• •
RESOLUTION NO. PC2001-103
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04393 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 112, PAGES 11 AND
12 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 30, 2001 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 conditional use permit 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Manicipat Code ~ection Nos. 18.44.050.135 and 18.44:050.195 to establish land use conforrtiity
with existing Zoning Code land use requirements for an existing commercial retail center and to permit a
convenience market without beer and wine.
2. That the proposed uses will not adversely affect the adjoining land uses, including
adjacent residential land uses, and the growth and development of the area in which the proposal is
located.
3. That the size and shape of the site for the proposed uses is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare; and that the property provides adequate ingress/egress from public streets,
on-site vehicular circulation, and adequate parking for customers and employees patronizing the
combined uses on the property.
4. That the traffic generated by the proposal will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting of this 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
that no alcoholic beverages are proposed to be sold from the convenience market premises.
6. That one person spoke opposition to the proposal at the public hearing; that one
concerned person spoke; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
CR5143PK.doc -1- PC2001-103
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
Convenience Market
That, as stipulated to by the petitioner, the hours of operation for the convenience market (including
deliveries which shall only utilize east facing doorways) shall be limited to 7 a.m. to 9 p.m. daily.
2. That no alcoholic beverages shall be sold or consumed on the premises.
3. That all trash generated from this facility shall be properly contained in trash bin(s) contained within
approved trash enclosure(s). 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 shalf determine the need for
additional bins or additional pick-up. Atl costs for increasing the number of bins or frequency of pick-
up shall be paid for by the business owner.
4. That no shopping carts, and no video, electronic or other amusement devices or games shall be
permitted in conjunction with this convenience market.
5. That prior to commencing operation of the convenience market, a valid business license shall be
obtained from the Business License Division of the City of Anaheim Finance Department.
6. (a) That window signs shall not be permitted for the convenience market.
{b; A!! fxturss, displays, r?-~erchandiss and other ~na#erialS inside the marlcet shall be setback a
minimum of three (3) feet from all window areas.
(c) That the exterior windows facing east and north (i.e., facing Harbor) shall be tinted if coolers
and/or cases are placed against the windows."
7. That prior to commencing operation of the convenience market, a new trash enclosure shall be
constructed for use by the convenience market. Said information shall be specified on plans
submitted for approval by the Planning Department and Streets and Sanitation Division of the Public
Works Department.
Commercial Retail Center
8. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
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clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for approval by the Planning Department and the Streets
and Sanitation Division of the Public Works Department.
9. 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
deterrnine 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 owner. ~
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10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
11. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
12. That all public telephones (existing or proposed) shall be located inside the building only.
13. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
14. 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.
15. That roof-mounted balloons or other inflated devices shall not be permitted.
16. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
17. That no vending machines, which are visible to a public right-of-way, shall be permitted on the
property.
18. 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 adjacent streets or properties.
19_ That_any existing or propos.ed roo.f-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section No. 18.44.030.120 pertaining to the CL
(Commercial, Limited) Zone. Said information shall be specifically shown on the plans submitted for
Zoning and Building Division approval.
20. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
21. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and re~rnoval of graffiti within twenty
four (24) hours from time of occurrence.
22. That the property owner shall be responsible for maintaining the premises free of litter at all times.
23. That the number of tenant spaces shall be limited to seven (7) units, as shown on the exhibits
submitted by the property owner and approved by the Planning Commission.
24. That signage for subject facility shall be limited to all legal existing signs as of the date of this
resolution. Any additional signage shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
25. That the driveway on Harbor Boulevard shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Standard Detail No. 137, as required by the Public
Works Department.
26. That a landscaping plan showing a total of nine (9), fifteen (15) gallon sized, trees (one [1] tree per
planter adjacent to Harbor Boulevard), shall be submitted to the Zoning Division for review and
approval. Said trees shall be then planted and maintained in conformance with said plan.
27. 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.
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28. That the parking lot shall be repaired and slurry sealed.
29. That all wall sign cabinets shall be fitted with copy panels.
30. That within a period of three (3) months from the date of this resolution, Condition Nos. 8, 10, 11, 12,
13, 17, 18, 19, 25, 26, 27, 28 and 29, above-mentioned, shall be completed.
32. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, 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.
July 30, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
PERSON, ANRI-FEEM CITY PLANNING GOMMISSIOI~
ATTEST: ~ J
SECRETARY, ANAHEI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 30, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
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v , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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