Resolution-PC 97-77~ ~
RESOLUTIQN N0. PC97-77
A RESOLUTION OF THE ANAHEIM C:iY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3937 5E GR~4NTE0
WHEREAS, the Anaheim City Pianning ~•ommission did receive a verrfied Petition for Conditlonal
Use 'per.nit ior ~ertain real property sftuated in the City of Anaheim, Counry of Orange, State of Califomia,
d~scribe~ ~s:
THE NOfiTH 240 FEET OF THE JtiEST 150 FEET C,P THE. EAST 1048
FEET OF THE NORTH HALF QF THE PIORTHEAST ~t1ARTER OF THE
NORTHEAST QUARTER OF SEC7IQN 'f3, IN TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, ~V THE CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREpF REC~7RDED IN BnOK 51,
?AGE 11, MISCELlANEOUS MAPS, RECORDS 4F SAID ORANGE
COl1NT`f.
EXCEPTING THEREFROM THE NORTH 56 ~EE~, RS GRfrNTED TO THE
STATE OF CALIFORNIA, BY DEED RECORDED JANUARY 16, 1957 IN
BOOK 3771, PAGE 136 OF OFFICIAL RECORDS.
WHEAEAS, the City Plannir•.g Commi~~slon dId hold a public hearing ~t the CN6c Center
in the City of Anaheim or~ June 9, 1997 at 1:34 p.m., notlce of sa?d publia hearing having been duly given
as i.aul-ed by law and in accorcJance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said Froposed conditiionai use permit and to fnvestigate and
make findings and recomrnendations in connection there~wftf~; anii that said public hearing was con:inued
to the J~ne 23, 1997 Planning Commission meei.ing; and
WHEREAS, said Commission, after due inspecUon, invest(gation and study made by ftself
end in its behalf, and after due consideration of ail evidence and re~orts oEfered at said hearing, does find
and determ~ne the following facts:
1. That the proposed use Is prope~fy one for which a condftfonaf use permit is authorized by
Anaheim Municipal Code Section 18.44•O50•195 to permft a 705-sq. ft. produce market within a vacant unit
loc:ated in an existing shopping center.
2. That the proposed use is properiy one for which a conditional use permit is author(zed by
the Zoning Code;
3. That the proposed use wlll not adversely affect the adjoining land uses and the yrowth and
Sevelopment of the area (n whfch it is proposed to be located because the market witt provfde sales of
pr~oduce in a location that is compatibte wfth surround3ng land uses; and that the market will be
accessible an~+ beneficial to nearbX r~sidential nefghborhoals;
4. That the size snd shapo of the site for the proposed use is adequatP to allow the full
d~velopment of the proposed use in a manner not detrimental to the particular area nor tn the peace,
hez~lth, safery and general welfare;
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CR2948PLWP
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5. That the traffic generated ~y the proposed use wiil not impose an undue burc!$n upan the
streets and highways desfgned and {mproved io carry the traffia in the a: aa ber.ause additlan of a prc3duce
market within the existing commercial retail center will have negligible traffic impact fn the area; and ihat
the center was ~'esigned to accommodate a variery af recail uses;
6. 7hat the granting of the conditional use permit, undEr !he conditfons imposed, will not be .
detr(meMal to the peace, health, safety and general weifare ~f the ci4izens of the Ciry of Anah~im; anti
7. That no one indlcateci their preser~ce at said public hearing in op~sosit(on; and that no
corcespondence was received i~ oRposition to the suCject petition.
~ALIFORNIA ENVIRONMENTAL QuALl7'Y ACT FIN~ING: Thiax the .Anahelm Cfty Planning
Commissi4n has revfewed the praposal tc psrmft a 705-sq. ft. produce market withEn ~ vacant unii ?~cated
in an existing shopping center on a rectangularfy-shaped 0.49-acre prope~ty located at ;ha south~erest
corner of Llncoln Avenue and Stinson Street with frontages of 123 foet on the south side of !.inco~n Avenue
and i74 faet on the west side of Stinson Street (2664 West C;ncaJn Avenue); and do~s h~rebl/ ~uprove
the NegatNe Dedaration upon finding that the deciaration reflects the indopendent Judg~rnant o~ the lead
agency and that ft has considered the Negatlve Oeclaration 4ogether wfth any commerst~ r~~e~ied during
the public review pracess ar~i further flrxling c,n the basis of the inftial study and any comrnents received
that thare is no subs4antfal evidence that the p~ ~Ject wlll have a sign~}cant effect on fn~a ~snvironment.
IVOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Comm(ssfon does
hereby grant subject Petftion for Condftional Use PecYr~~t, up~n the fotlowir,g conditlons which are hereby
found to be a necessary prerequisfte ta the oroposed use of the subject property in order to preserve the
safety and genera! welfare of the Gftizens c~F the C~ty of Maheim:
1. That the hours of subJect business shail l~ i(mRed to 10 s.m. Yo 8 p.m., ac fndtcated by the petftioner.
2. That no food which is cooked, heated, r~heat~d, assemblecJ or altered on !he site (as defined in
A.M.C. Section 18.01.040 'Convenience Market, Takd-Out, Food Serv(ce') shall be permftted wfthout
the provision of Code-required parking ~r the separate request and approval of a variance tor waiver
of minimum number of parking spaces.
3. That there shal! be no sales of alcoholic beverages.
~. That there shall be no public telephones with(n contrd of the applicant, whfch are mafntained on the
property and located outside the building.
5. That there shall be no coln-operated gamgs malntained u~an the premfses at any time.
6. That there shall be no outdoor display of inerchandise.
7. That_no ~outdoor storage of shopping carts shali be permitted.
8. That window signs shall not be ~rmitted. All fixtures, displays, merchandise and other materiais shall
not exceed forty two (nches (42') in height at the window areas.
9. That no areas shall be provided for on-site food consumpt(on.
10. That one (1) sign shail be alluwed for the subJect business. Said sign shall be installed on the
parapet wall dfrecUy above the main entcance tr; the business. Any addftfonat signage shall be
subJect to tha review and approval by the Planning Commission as a'Reports and
Recommendations' ftem.
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11. That a plan sheet tor solid waste storage and cailection and a plan for recycUng shall b2 submitted
to the Public Works Department, Streets ~nd Sanitation Division, for review and ~pproval.
12. That an on-sfte trash truck tum-around area shali be provided and mafntained to the satisfactiQn of
the Public Works Depsrtment, Streets and Sanitation Division.
13. That a minimum of two (2), minimum twenry four (24) inch box size trees, and a planter with shrubs
and ground covar wxier ihe existing fteestanding sign, shall be planted, ircigated and permanently
maintained in the parking lot area adjacent to Llncoln Avenue.
14. That exterior vending machine(s) (I.e., located oucside che bUflding) shafl not be permitted.
15. That thres (3) toot high street address numbers shail be painted on the roof in a contrasting color
to the roof mater'al, and that said numbers shali riat to be v(sib!e from ground tevel.
16. That a valid business Iicense shall ba obtained from the Ciry of Anaheim Finance Department,
Business License Division.
17. That subJect p~operty shall be developed s~bstantially in accordance with plans and specfficat(ons
submitted to the Ciry of Anaheim by the petitloner arxi which plans are on file with the Planning
Department marked Exhib(t Nos. 1 and 2, and as conditioned herein.
18. That prior to the comrnencement of the activity authorized by th?s resolution or prior to final building
and zon(ng inspections, whichever occurs flrst, Condition Nos. 4, t0, 11, 12, 13, 15, 1S and 17,
above-mentiored, shall be complled wfth.
19. That approval of this application constit~Yes approval of the prop~sed request only to the extent that
r complfes with the Anaheim Munic(pal Zoning Cc~de and any oth~r applicable City, State and Federal
regulations. Approval does not include any action or findings as to compiiance or a~proval of the
request regarding any other epplicable ordinance, regulation or requirement.
BE IT FURTHER RE50LVED that the Anaheim City Planning Commission does hereby find
and determine that adoptton of thfs Resdution is expressly predicated upon applicant's complarice with
each and all of the condftions herelnabove set forth. Should any such condition, or any part th::r:~~, be
declarod invalid or unenforceable by the final judgment of any court of competent Jurisdiction, the:a this
Resolutfon, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLIJTION was adopted at the Planning Cornmission meeting of
June 23, 1997.
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CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY,,ANAHEIM CITY PLANNING COMMISSION
J
-s- Pcs~-n
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STkTE OF .GAUFORNIA )
COUNTY OF ORANGE ; ss.
CITY OF ANP.f-IEIM )
l, Margarita Sr~lodo, ~ecreary iif the Anaheim Ciry Planning Commission, do hereby aerti(y
that the foreg~Eng rssoluNun was passed and adopted at a meeting of the Anaheim City Plar.ning
~~rr;mission held on Jttne 23, 1~37, bY the f~lowing vote of the members thereof:
AYES: GOt~RMISSIONERS: BG~~SWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMiSSIO~IERS: NUNE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS '1NHEREOF, t havs hereunto set my hand this ~~h~ day of ~~~,
1997. ~
SECRE'TARY, A HEIM CITY PLANNING COMMISSION
~_ PC97-77