99-023RESOLUTION NO. 99R-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN ~-
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT N0. 3921 AND AMENDING RESOLUTION N0.
PC97-42.
WHEREAS, the Planning Commission of the City of Anaheim
heretofore adopted Resolution No. PC97-42 approving Conditional Use
Permit No. 3921, subject to certain conditions specified therein;
and
WHEREAS, the permittee has now requested an amendment to
certain of said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on January 26, 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 Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 3921 as set forth in Resolution No.
PC97-42 be, and the same are hereby, amended as set forth in
Resolution No. PC97-42 as follows:
(a) Amend the parking waiver to read:
Sections 18.06.050.022
18.06.050.0225
18.06.050.0231
18.06.050.0233
18.06.080
and 18.44.066.050
- Minimum number of parking
spaces. (76 sr>aces required;
60 spaces existing and
concurred with by the City
Traffic and Transportation
Manager)
(b) Delete Condition No. 2.
(c) Amend Condition Nos. 7 and 9 to read:
7. That the retail sale of alcoholic beverages for off-
premises consumption is hereby granted until November 28,
1999.
9. That the business hours of the convenience market
shall be limited to 6 a.m. to 12:00 midnight, seven days a
week.
(d) Add the following new conditions:
20. That signage for the subject business shall be
limited to that which is shown on the exhibits submitted
by the petitioner, and as conditioned herein. Any
additional signage shall be subject to approval by the
Planning Commission as a "Reports and Recommendations"
item.
21. That within a period of three (3) months after
Caltrans completes the freeway improvement project
currently underway in this area, the petitioner shall
install landscaping in the existing westerly planter
adjacent to Brookhurst Street.
22. That the existing wall sign on the south elevation
of the convenience market shall be reconstructed to its
original permitted sign size.
AND BE IT FURTHER RESOLVED that the City Council does
hereby deny the request to delete Condition Nos. 1 and 5; and
AND BE IT FURTHER RESOLVED that, in accordance with
Condition No. 4, the City Council does hereby approve the final
landscaping and sign plans, subject to the signs being brought into
conformance with the rest of the signs in this commercial retail
center.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's 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.
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. PC97-42 shall remain in full force and
effect.
- 2 -
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 26th day of January, 1999.
MA OR OF THE CITY O ANAHEIM
ATTEST : -_~y~ /~
CITY CLERK OF THE CITY OF ANAHEIM
29263.1
- 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-23 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 26th day of January, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
23 on the 26th day of January, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 26th day of January, 1999.
-r
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-23 was duly passed and adopted by the City Council of the City of
Anaheim on January 26th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM