Loading...
99-102RESOLUTION NO. 99R-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4109. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to establish conformity with existing land use requirements for an existing commercial center and existing liquor store, and to permit conversion of an existing meat market to a convenience market upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 266 FEET OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14 IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 51 PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC 99-58 granting, in part, Conditional Use Permit No. 4109; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use 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. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. The granting of the 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4109 be, and the same is hereby, granted on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: ~2- Sections 18.02,058,014 18.05,050 and 18.44,050,090 Continuation of nonconformin~ billboards. (Code prohibits additional uses in connection with existing nonconforming uses (small commercial center, a liquor store and two billboards); petitioner requests retention of two existing nonconforming billboards in connection with converting a meat market to a convenience market) subject to the following conditions: That five (5) trees shall be planted in the existing planter areas adjacent to Knott Street and that five (5) trees shall be planted in the existing planter area adjacent to Orange Avenue. Specific landscaping plans and landscaping phasing plans shall be submitted to the Zoning Division of the Planning Department and the Community Development Department for review and approval. Said trees shall be planted in accordance with the approved landscaping plan and landscaping phasing plan. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. That trees shall not be unreasonably trimmed to increase visibility of this commercial center or any of the individual businesses. 4. That trash bins shall be stored out of the public's view. 5. Deleted. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its application. That no outdoor vending machines, newspaper racks or water machines shall be visible to the public rights-of-way (Orange Avenue and Knott Street). 10. 11. 12. 13. 14. 15. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. That all trash generated from the markets shall be properly contained in trash bins. 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, Planning Department, shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or additional frequency of pick-up shall be paid by the business owner. That the parking area to the east of the freestanding restaurant shall be re-slurried and striped. That signs for this commercial center shall be limited to that which is shown on the exhibits and photographs submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Planning Commission as a "Reports and Recommendations" item. That this commercial center shall be limited to a maximum of sixteen (16) units, as stipulated to by the petitioner, unless a separate future application is made for a conditional use permit and approval for additional units is granted. That uniform (i.e., matching) trash receptacles shall be provided at the store fronts. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 950 (to permit on-premises sale of beer and wine in conjunction with a proposed restaurant) and Conditional Use Fermit No. 306 (to construct a service station). That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted to the -4- Planning Department and the Community Services Division of the Police Department for approval. 16. That no outdoor storage, outdoor display or outdoor sale of any merchandise or fixtures shall be permitted. Conditions for the liquor store with sale of alcoholic beverages for off-premises consumption 17. That no video, electronic or other amusement devices or games shall be permitted. 18. That no advertising of alcohol shall be located, placed or attached to any location outside the building; and that any advertising shall not be audible (either interior or exterior}. 19. That no alcoholic beverages shall be consumed on the premises. 20. That the applicant shall be responsible for maintaining the premises free of litter at all times. 21. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 22. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. 23. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine or other alcoholic beverages. 24. That no window signs shall be permitted. Conditions for the convenience market 25. That there shall be no sale of alcoholic beverages unless a separate conditional use permit is first granted by the Planning Commission. 26. That no video, electronic or other amusement devices or games shall be permitted. Conditions for this Conditional Use Permit No. 4109 27. That subject property shall be developed substantially in -5- 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 through 4, and as conditioned herein including that the waiver to retain the two billboards was denied. 28. 29. 30. 31. 32. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 4, 5, 7, 9, 10, 13, 14, 15, 24 and 27, above-mentioned, shall be completed. This condition was deleted at the Planning Commission public hearing. 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. That the business hours of operation for the convenience market and the liquor store shall be limited to the following: Convenience market: 8:00 a.m. to 8:00 p.m., 7 days a week Liquor store: 7:00 a.m. to 1:00 a.m., 7 days a week That all shopping carts shall be stored inside of the convenience market. 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 conditions, 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. -6- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of May 1999. MAYR~OF~NA<IM ATTEST: ~ CITY CLERK OF THE CITY OF ANAHEIM 31034.1 -7- 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-102 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of May 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-102 on the 18th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of May, 1999. 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-102 was duly passed and adopted by the City Council of the City of Anaheim on May 18th 1999. CITY CLERK OF THE CITY OF ANAHEIM