Resolution-PC 2001-96~ •
RESOLUTION NO. PC2001-96
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04388 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:
THE WEST 266 FEET OF THE NORTH ONE-HALF (1/2) OF THE NORTH ONE-
HALF (1/2) OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 14 IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON MAP THEREOF RECORDED
IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 16, 2001 at 4:30 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 afterdue consideratiorr o# aN evidence and Feports affered at said-k~eaci~g,
does flnd and determine the following facts:
'!. That #he propQSed u~e is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.44.050.195 to permit a convenience market within an existing
commercial retail center.
2. That the proposed use, including the type of service and limited hours of operation, will
not adversely affect the adjoining land uses and the growth and development of the area in which it is
proposed to be iocated.
3. That the size and shape of the site for the proposed use 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 no waivers from Code development standards were requested for
this proposal.
4. That 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. That granting of this conditional use permit, under the conditions imposed, will not be
u2tTii i ici ii8i i~ ~~~ f.€GC@, !~°8~.h c~~fcfi~ a~{~ ~+A-~A~?i yuPif~~-P Qf t~,Q ~~tiz~n~ Q~ #h~ Citv of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
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.
CR5138PK.doc -1- PC2001-96
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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:
(a) That the hours of operation shall be limited to 8 a.m. to 8 p.m., seven days a week, as
stipulated to by the petitioner.
(b) That delivery hours shall be limited to 7 a.m. to 9 p.m., seven days a week.
That no alcoholic beverages shall be sold or consumed on the premises.
That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
merchandise storage or display.
4. That all trash generated by this facility shall be properly contained in trash bins 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 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 by the business owner.
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 normat "WIC" transactions shall be
permitted in the convertience-marke4.
7. That a valid business license shall be obtained from the Business License Division of the City
Finance ~epa~±rnen#.
8. That window signage shall not be permitted for this convenience market. All fixtures, displays,
merchandise and other materials shall be set back a minimum of three (3) feet from all window
areas.
9. That all public telephones (existing or proposed) shall be located inside the building.
10. 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.
11. The roof-mounted balloons or other inflated devices shall not be permitted on this property.
12. That no outdoor vending machines visible to adjacent public streets shall be permitted on the
property.
13. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
~^v~^vi ~^v~~~~aS.~^^y .~ .!'~~ ~J^f ~8±°riai, ThA n~~-~,ihPf~ ct,a~i nr~# he yi~ible ~o ~he streets or adiacent
properties. Said information shall be specifically shown on the plans submitted for building permits.
14. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said requirements shall be specifically shown on plans submitted for permits.
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15. 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 area(s) 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
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
16. 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.
17. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be maintained to the satisfaction of the Streets and Sanitation
Division. Said turn-around area shall be specifically shown on the plans submitted for building
permits.
18. That the business owner shall assign an employee to retrieve shopping carts on and off the
premises at regular intervals to prevent the accumulation of carts on or about the premises.
19. That any new lighting fixtures in the parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed
away from adjacent residential property lines to protect the residential integrity of the area, and
such information shall be specified on the plans submitted for building permits.
20. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
fo~r (24; ho~ars frorn #ime 4f occurrence.
21. That there shall be no outdoor storage permitted on the premises.
22. 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
Pianning Department marked Exhibit No. 1; and as conditioned herein.
23. That prior to commencing operation of this business, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this resolution, whichever occurs first, Condition
Nos. 13, 14, 15, 16 and 17, 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.
24. That prior to commencing operation of this business or prior to final building and zoning inspections,
whichever occurs first, Condition Nos. 7 and 22, above-mentioned, shall be complied with.
LJ. Tl la. ap~~:,va! a# ;~is ~M~l;c2+.io~ ~~~~t~r~t~~ ~~~royal Qf th~ or4posed reauest 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.
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July 16, 2001.
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THE FOREGOING RESOLUTION was adopted at the Plannin~g Comr~sion meeting of
CHAIRPERSON,
ATTEST:
~.(~~-- ~~~-~--~leO
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
ING COMMISSION
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 16, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this .3! s day of
, 2001.
.Ya~- ,~ ~o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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