Resolution-PC 2003-65• •
RESOLUTION NO. PC2003-65
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04684 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:
LOT 17 OF TRACT NO. 3267, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 102, PAGES 41 AND 42, MISCELLANEOUS,
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 May 5, 2003 at 1:30 p.m., notice of said public hearing having been duly given
as required by faw and in accordance with the provisions of the Anaheim Municipa{ Code, Chapter 48.03,
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:
4. 'F~rat the proposed use is properly one for whieh a-conditional use permit is au#horized by
Anaheim Municipal Code Sections 18.44.050.135 and 18.44.050.195 to establish land use conformity
with existing Zoning Code land use requirements for an existing legal nonconforming commercial retail
center and to permit a W IC (Women, Infant and Children) convenience store with waiver of the following:
Sections 18.06.050.020.022 - Minimum number of parking spaces.
18.06.050.020.032.0212 (19 spaces required; 13 spaces proposed and concurred with
18.06.080 by the City Traffic and Transportation Manager)
and 18.44.066.050
2. That the waiver of minimum number of parking spaces will not, urtder the conditions
imposed, cause fewer off-street parking spaces to be provided for the proposed 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.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the size and shape of fhe site for the proposed use, a 1,351 square foot W IC
convenience market located in an existing 4-unit commereial retail center zoned CL (Commercial,
Limited), is adequate to allow full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare.
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8. That the traffic generated by the proposed use wilf not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
10. That granting 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.
11. 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: That the Anaheim City
Planning Commission has reviewed the proposal to establish land use conformity with existing Zoning
Code land use requirements for an existing legal nonconforming commerciaf retail center and to permit a
WIC (Women, Infant and Children) convenience store with waiver of minimum number of parking spaces
on a rectangularly-shaped 0.18-acre property located at the southwest corner of Orangewood Avenue
and Mallul Drive, having frontages of 63 feet on the south side of Orangewood Avenue and 120 feet on
the west side of Mallul Drive, and further described as 700 West Orangewood Avenue; and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will have a significant effect on
the environment.
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 pressrve the safety and genera! welfare of #he Citizens of #he City of Anaheim:
WIC Convenience Market
That granting the parking waiver is contingent upon operation of the approved use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of such use as
contained in the parking letter that formed the basis for approval of said waiver, as discussed in
paragraphs (16) and (17) of the Staff Report to the Planning Commission dated May 6, 2003.
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 of the W IC convenience store shall be limited to 8 a.m. to 8 p.m.,
Monday through Saturday, with deliveries occurring no earlier than 7:30 a.m. and no later than 8
p.m.
That the rear entrances adjacent to the parking lot shall not be utilized by patrons of the W IC
convenience store, and that one (1) rear entrance shall be utilized strictly for the delivery of store
merchandise.
4. That no alcoholic beverages shall be sold or consumed on the premises.
5. That no video, efectronic or other amusement devices or games shall be permitted on the premises.
6. That no fast-food services or other services separate from normal WIC transactions shall be
permitted in the convenience market.
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7. That no window signage shall be permitted at the W IC convenience market. All fixtures, displays,
merchandise and other materials shall be set back a minimum of three (3) feet from all window
areas.
8. That prior to commencing operation of the WIC convenience market, a valid business license shall
be obtained from the Business License Division of the Planning Department.
Commercial Retail Center
9. That the number of tenant spaces shall be limited to four (4) units and that all tenant space in excess
of one thousand three hundred fifty one (1,351) square feet shall be limited to professional office
uses.
10. That no roof-mounted balloons or other inflated devices shall be permitted on the property.
11. That no outdoor vending machines shall be permitted on the property.
12. That all existing and proposed public telephones shall be located inside the building.
13. That no outdoor storage shall be permitted on the premises.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other
merchandise storage or display.
15. That 4he praperty owner shall-remove tk~e existing~n-permitted-signs incl~ding-the two E2) aboue-
roofline signs and the banner-type sign; and that all other existing and proposed signs shall comply
with all sign requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
16. 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.
Said information shall be specifically shown on plans submitted for Police Department, Community
Services Division, approval.
17. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions 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.
18. That the driveway on Mallul Drive shall be reconstructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137. Said information
shall be specifically shown on plans submitted for Traffic Engineering Division review and approval.
19. That the parking lot shall be repaired and resurfaced with a new slurry coat. Said information shall
be specifically shown on plans submitted for review and approval by the Traffic and Transportation
Manager.
20. 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. Said information shall be specifically shown on the plans submitted for Zoning
Division and Building Division approval.
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 removal of graffiti within twenty
four (24) hours from time o~ occurrence.
22. That all wall sign cabinets shall be fitted with copy panels.
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23. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, to comply with approved plans on fife with said Department
including, but not limited to, painting and installing trash enclosure gates in accordance with City
standards; and that trash bins shall be stored inside the trash enclosure(s). Plans showing said
information shall be submitted to the Streets and Sanitation Division for review and approval.
24. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3771 (to retain a 600 square foot expansion of an existing mini-market,
including retail sale of beer and wine for oif-premises consumption).
25. That a minimum of six (6), twenty four (24) inch box sized, trees and groundcover shall be planted in
the proposed four (4) foot wide landscape planter adjacent to Mallul Drive.
26. 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; and that a safety inspection of
the wires in back of the building shalf be conducted and the wires shall be repaired if necessary, as
stipulated by the property owner at the public hearing on May 6, 2003.
27. That prior to commencement of the activity authorized by this resolution, 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. 8, 12, 15, 16, 17, 18, 19, 20, 23 and 24, 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.
28. That prior to commencement of the activity authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 22, 25 and 26, above-mentioned, shall be
complied with.
29. 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.
May 5, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
/ -r~ i~~r~-5-~-'--
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, Senior 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 May 5, 2003, by the following vote o~ the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this oZ3~day of
, 2003.
~~~o
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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