Resolution-PC 99-130RESOLUTION NO. PC99-130
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4137 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did r~ceive a verified Petitian for
Con~itional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHFiivl, AND IS
DESCRI6ED AS FOLLOWS:
LOT 22 AND 23 OF TRACT NO. 483, AS PER MAP RECORDED IN BOOK 17,
PAGE 20 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 7, 1999 at 1:30 p.m., notice of said pubiic hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chepter 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 behaif, 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 Municipal Code Section 18.44.050.195 to permit a retail market in an axisting retail space.
2. That the proposed use, totaling less than 15,000 sq. ft. and not including alcoholic beverage
sales, will not adversely affect the adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
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
detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at said pubiic hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Pianning Commission has reviewed the proposal to permit a market of less than 15,000 square feet with
no alcohol sales on a rectangulariy-shaped 0,3-acre property having a frontage of 100 feet on the north
side of La Palma Avenue, a maximum depth of 134 feet and being located 124 feet east of the centerline
of Onondaga Avenue (1811 West La Palma 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.
CR3689PK.DOC -1- PC99-130
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 generai welfare of the Citizens of the City of Anaheim:
1. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises,
unless a conditional use permit is approved authorizing such use.
2. That minimum one (1) galion sized fast growing vines shali be planted and maintained on maximum
three (3) foot centers along the chain link fence adjacent to La Palma Avenue, or said that chain link
fence shali be removed. If the chain link fence is removed, minimum five (5) gailon sized shrubs shall
be planted to screen the existing above-ground utiiity device located in the front setback.
3. That a landscaping plan for the entire site shall be submitted to the Zoning Division of the Planning
Department specifying species, size and location of existing and proposed refurbished landscaping,
and the irrigation facilities for review and approval by the Zoning Division. Following approvai, the
landscaping shall be installed and maintained in accordance with the plan.
4. That no window signs shall be permitted for t~.is convenience market.
5. That any on-site public telephones shall be located inside the building.
6. That no seating or table areas shall be provided for on-site food consumption.
7. That no food which is cooked, heated, reheated, assembled or altered on the site (as defined in
Section 18.01.040 "Convenience Market, Take-Out, Food Service") shall be permitted wifhout the
provision of Code-required parking or the separate request and approvai of a variance for waiver of
the minimum number of parking spaces.
8. That exterior vending machines and newspaper racks (i.e., located outside a building) shall not be
visible to any public right-of-way.
9. That all trash generated from this market shall be properly contained in trash bins contained inside
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shali be as
frequent as necessary to ensure the sanitary hand~ing and timely removal of refuse from the
property. The Code Enforcement Division of the Planning Department wiil determine the need for
additional bins or additional pick-up. All cost for increasing the number of bins or frequency of pick-
up shail be paid by the business owner.
10. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of gra~ti with(n hventy
four (24) hours from time of occurrence.
11. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway lacations. Subje.t property shall
thereupon be developed and maintained in conformance with said plans.
12. That the building shall be painted.
13. That signage for subject facility shall be Iimited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission, and each use shall be limfted to one !1)
wail sign. Any additional signage shail be subject to approval by the Planning Commission as ~
"Reports and Recommendations" item.
14. That the parking lot serving the premises shall be equipped with lighting of suffic(ent power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Light fixtures shall be installed on the buiiding to adequately illuminate the area
between the building and the street, and the lighting fixtures facing the site be removed. Said
replacement lighting fixtures shall be directed, positioned and shielded in ~uch a manner so as ~ot
to unreasonably flluminate the window areas of adjacent properties. Said lighting Information shall
be specified on plans submitted to the Planning Department and Police Department for approval.
CR3689PK.DOC -2- PC99-130
15. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted.
16. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
17. That the ladder for roof access, which is located on the rear of the bu~lding, shall be secured with a
lock.
18. That prior to commencing operadon of this business, a valid business license shatl be obtained
from the City Business Lfcense Division of the Finance Department
19. That a plan sheet for solid waste storage and coliection and a plan for recycling shall be submitted
to the Pubiic Works Department, Streets and Sanitation Division, for review and approval.
20. That trash storage areas 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 hiphways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materiais 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 Planning Department and Streets and
Sanitation Divislon apprcval.
21. That the hours of operation of this convenience market shall be limited to the following as stipulated
by the petitioner.
Monday through Saturday: 7:00 a.m. to 8:00 p.m.
Sunday 7:00 a.m. to 6:00 p.m.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which ~~;ans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3; and as conditioned herein.
23. That prior to the commencement of the activity authorized by this resoi~t~on, or prior to issuance of
a building permft, or within a period of one (1) year form the ciate of this resotution, whichever
occurs first, Condition Nos. 3, 11, 14, 19 ana 20, shall be complied with.
24. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 2, 5, 12, 13, 17, 18 and 22,
above-mentioned, shall be complied with.
25. 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, regutatfon or requirement.
BE IT FURTHER RESOWED t' at 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 suc condition, or any part thereof,
be declared fnvalid or unenforceable by the final Judgment of any cou~t of ompetent jurisdiction, then this
Resolution, and any approvals herein contained, shall be d ed null nd ~~
~,
THE FOREGOING RESOLUTIO s adop at th nn Commission meeting of
July 7, 1999. ~~ f ~ ~_ /9
ATTEST:
/PC~
SECRETARY, A HEIM CITY PLANNING COMMISSION
CR3689PK.DOC -3- PC99-130
~\1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita So~orio, Secretary of the Anaheim City Pfanning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meetlng of the Anaheim City Pianning
Commfssion held on July 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
n ,~ IN WITNESS WHEREOF, I have hereunto set my hand this /~ day of
~^ . 1999.
SECRETARY, ANAHE( GI7Y P~ANNING COMMISSION
CR368~JPK.DOC -4- PC99-130