99-011RESOLUTION N0.99R-11
A RESOLUTION OF THE CITY COUNCIL OF THE __
CITY OF ANAHEIM APPROVING AN AMENDMENT
TO CERTAIN CONDITIONS OF APPROVAL IN
CONDITIONAL USE PERMIT NO. 3841 AND
AMENDING RESOLUTION 96R-148
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 96R-148 approving Conditional
Use Permit No. 3841, subject to certain conditions specified
therein; and
WHEREAS, the permittee has heretofore requested an
amendment to certain of said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on October 20, 1998, at which hearing the City Council
did receive and consider evidence, both oral and documentary,
relating to said request after which the City Council did adopt
its Resolution No. 98R-234 denying said request; and
WHEREAS, thereafter, within the time permitted by law,
the permittee did request a rehearing of such matter which
rehearing request was granted and a new hearing duly scheduled
and noticed; and
WHEREAS, the City Council held a duly noticed public
hearing on January 12, 1999, 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 COUriCil Of
the City of Anaheim that the conditions of approval heretofore
imposed in Conditional Use Permit No. 3841 be, and the same are
hereby, amended by the deletion of Condition No. 13 as set forth
in Resolution No. 96R-148.
BE IT FURTHER RESOLVED that the conditions of approval
of Conditional Use Permit No. 3841 be, and the same are hereby,
amended by the addition of the following conditions thereto:
"17. That no window signs shall be permitted at any time to allow
unobstructed visibility of the store interior from the
outside.
18. 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 dead.
19. That video, electronic, or other amusement devices shall not
be permitted anywhere on the subject property.
20. That the sales of beer and wine shall not exceed thirty five
percent (350) 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 beer and wine 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.
21. That no advertising of beer and wine shall be located,
placed or attached to any location outside the building; and
that any such advertising shall not be audible (interior or
exterior).
22. That no beer and wine shall be consumed on the premises,
23. That the applicant shall be responsible for maintaining the
premises free of litter at all times.
24. 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.
25. That the areas of beer and wine display shall not exceed
twenty five percent (25%) of the total display area in the
building.
26. That the sales of beer and wine shall be made to customers
only when the customer is inside the building.
27. That no person under twenty-one (21) years of age shall
sell, or be permitted to sell, any beer and wine.
28. 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.
29. That all trash generated from this market shall be properly
contained in trash bins contained within approved trash
2
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 by the business
owner.
30. That no outdoor storage, display or sales of any merchandise
or fixtures shall be permitted outside the building."
BE IT FURTHER RESOLVED that, except as expressly
. amended herein, Resolution No. 96R-198 shall rema-in .in full force
and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12 day of January, 1999.
MAY R OF THE ITY OF A HEIM
ATTEST•
CITY CLERK OF HE CITY OF ANAHEIM
29059.1
3
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. 99R-11 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 12th day of January, 1999, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Daly
TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-11 on the 12th day of January, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 12th day of January, 1999.
~.~C_d~u~lG~ //G 1. <~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-11 was duly passed and adopted by the City Council of the City
of Anaheim on January 12th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM