99-143RESOLUTION N0. 99R- 143
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4099.
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 permit a convenience/liquor store with a coin-operated laundry
facility upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 1: THAT PORTION OF VINEYARD LOT G3, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE(S)
629 AND 630, DEEDS, RECORDS OF LOS ANGLES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID
VINEYARD LOT, 10 FEET WESTERLY FROM THE
SOUTHEASTERLY LINE OF SAID VINEYARD LOT, 91.85 FEET
TO THE SOUTHERLY LINE OF LAND DESCRIBED IN THE DEED
TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED
MARCH 23, 1899, IN BOOK 41, PAGE 372, DEEDS, RECORDS
OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID
SOUTHERLY LINE 140.00 FEET; THENCE SOUTHERLY
PARALLEL WITH THE WESTERLY LINE OF SAID VINEYARD
LOT, 92.85 FEET TO THE SOUTHERLY LINE OF SAID
VINEYARD LOT; THENCE EASTERLY 140.00 FEET TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTHERLY 21.75 FEET.
PARCEL 2: LOT 21 OF TRACT 497, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 17, PAGE 38,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE 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. PC99-56 granting, in
part, Conditional Use Permit No. 4099; 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
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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. 4099 be, and the same is hereby,
granted permitting a convenience/liquor store with a coin-
operated laundry facility on the hereinabove described real
property with a waiver of the following provisions of the
Anaheim Municipal Code:
Section 18.61.063.012 - Minimum setback abutting a collector
street.
(25 feet required with a minimum of
10 feet landscaped;
10 feet proposed from Olive Street)
Section 18.61.068.020 - Required site screening adjacent to a
residential zone boundary.
(6-foot high masonry wall or earthen
berm or combination thereof required
along RS-5000 zone boundary;
none proposed along the north-south
lot line separating Parcel Nos. 1 and
2 of subject property)
subject to the following conditions:
1. That the convenience/liquor store and laundromat shall be
operated under one (1) on-site management for both businesses, and
that a separate attendant shall be provided in the laundromat
during all hours of its operation.
2. That the hours of operation of both the
convenience/liquor store and laundromat shall be limited to 7:00
a.m. to 9:00 p.m. daily: and that at no time shall the laundromat
operate separately or independently of the convenience/liquor
store.
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3. That the restrooms located within the Laundromat shall
remain locked at all times and access shall be available to
customers only by means of a key provided by the Laundromat
attendant.
4. That store front windows shall be installed across the
entire front (south elevation) of the Laundromat and placed four
(4) feet above grade level to screen the washing machines from the
public's view while also allowing visibility into the Laundromat.
Said windows shall be shown on plans submitted for building
permits.
5. That store front windows shall be installed adjacent to
the cashier's counter at the southwest corner of the
convenience/liquor store to make easily discernible any activity at
the cashier's station from the adjoining Laundromat and from the
parking lot. Said windows shall be shown on plans submitted for
building permits.
6. That signs shall be posted in conspicuous place(s) in
both the parking lot area and within the Laundromat notifying
customers that loitering, panhandling and/or the consumption of
alcoholic beverages upon the premises is prohibited. Such notice
shall be provided in both English and Spanish.
7. That three (3) foot high address numbers shall be
displayed on the roof in a contrasting color to the roof material.
The numbers shall not be visible from the view of the street or
adjacent properties.
8. That, if requested by the Anaheim Police Department,
,~ licensed uniform security guard(s), approved by the Anaheim Police
Department, shall be provided on the premises specifically to
provide security and to discourage vandalism, trespassing and/or
loitering upon or adjacent to this property. Said security
guard(s) shall remain on-duty from 3 p.m. to 10 p.m. daily if
determined to be necessary by the Anaheim Police Department.
9. That access to the roof from either inside or outside the
building shall be properly secured.
10. That there shall be no fewer than three (3) employees
present on these premises at all times, including the security
guard(s).
11. That window signs shall not be permitted.
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12. That any news racks and magazine stands shall be located
inside the convenience/liquor store.
13. That hard liquor beverages shall only be sold in
containers of two hundred milliliters (200 ml.) or greater.
14. That maximum twelve (12) foot high decorative security
lighting shall be installed and maintained in the parking lot, to
the satisfaction of the Anaheim Police Department; and that such
lighting shall be directed so as to prevent glare or spill-over
onto adjacent and nearby residential properties. Said information
shall be specifically shown on the plans submitted for building
permits.
15. That any public telephone(s) shall be located only inside
the convenience/liquor store or laundromat.
16. That no video, electronic or other amusement devices or
games shall be permitted on the premises.
17. That no tables or seating areas for the consumption of
food shall be permitted on the premises.
18. That a minimum of eleven (11), twenty four (24) inch box
sized, trees on maximum ten (10) foot centers shall be planted and
maintained along the west property line adjacent to the single-
family residence to provide an adequate landscaping screen; and
that a minimum of thirteen (13), twenty four (24) inch box sized,
Brisbane Box trees shall be planted adjacent to both Water and
Olive Streets. Said information shall be specifically shown on
plans submitted for building permits.
19. That no exterior advertising of "check cashing" or
"lotto" services shall be permitted at this location.
20. That no freestanding signs shall be permitted at this
location.
21. That no exterior vending machines (i.e., vending machines
located outside the building) shall be permitted at this location.
22. (a) That the petitioner shall install an eight (8) foot
high masonry block wall along the west property line except the
front setback where the wall height shall not exceed three (3)
feet, provided that the City Traffic and Transportation Manager
shall have the authority to reduce the height of the wall to
protect visual lines-of-sight where pedestrian and/or vehicular
circulation intersect.
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(b) That the petitioner shall plant minimum one (1)
gallon sized clinging vines adjacent to said wall, to eliminate
graffiti opportunities. Said vines shall be planted on maximum
three (3) foot centers, and shall be properly irrigated and
maintained.
(c) The block wall, landscaping and irrigation
facilities shall be specifically shown on the plans submitted for
building permits.
23. That the property shall be permanently maintained in an
orderly fashion by the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
24. (a) That a Lot Line Adjustment plat to combine the two
(2) existing parcels such that any new building lies completely
r within one (1) parcel, shall be submitted to the Subdivision
Section (Development Services Division), approved by the City
Engineer, and recorded in the Office of the Orange County Recorder;
or
(b) That a reciprocal access and parking agreement,
satisfactory to the Subdivision Section, shall be recorded between
the two (2) parcels of record, and a copy of said agreement shall
be provided to the Planning Department.
25. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing conformance
with the current versions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations.
Subject property shall thereupon be developed and maintained in
conformance with said plans.
26. That the sliding gate located along the north property
line adjacent to the public alley shall remain closed and locked
except in case of emergency; and that said gate shall be equipped
with "knox box" devices as required and approved by the Fire
Department.
27. That one (1) of the existing driveways on Water Street
shall be removed and replaced with standard curb, gutter, sidewalk
and landscaping. Only one (1) driveway shall be permitted on Water
Street and it shall be located as far as possible from the
intersection with Olive Street, as reviewed and approved by the
City Traffic and Transportation Manager. This information shall be
specifically shown on the plans submitted for building permits.
28. That trash storage areas shall be provided and maintained
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in location(s) acceptable to the Public Works Department, Streets
and Sanitation Division, and in accordance with approved plans on
file with said Department. The trash enclosure shall not be
permitted in any required setback area. Said storage area(s) shall
be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the
storage areas shall be protected from graffiti opportunities by the
use of plant materials 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 building permits.
29. That a plan sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the Streets and
Sanitation Division for review and approval.
30. That an on-site trash truck turn-around area shall be
provided in accordance with Engineering Standard Detail No. 610 and
maintained to the satisfaction of the Streets and Sanitation
Division. Said turn-around area shall be specifically shown on the
plans submitted for building permits.
31. That any roof-mounted equipment shall be completely
screened from view from all public rights-of-way and non-
industrially zoned properties. Said information shall be
specifically shown on the plans submitted for building permits.
32. That prior to commencing operation of this business, a
valid business license shall be obtained from the Business License
Division of the Finance Department.
33. That the property owner shall submit a letter to the
Zoning Division requesting termination of Variance No. 1947-5
(permitting a grocery store adjoining a single-family residence),
Variance No. 1946-7 (permitting a grocery store adjoining a single-
family residence) and Conditional Use Permit No. 3730 (permitting a
convenience/liquor store with a coin-operated laundry and with
waiver of minimum setback abutting a collector street and required
site screening adjacent to a residential zone).
34. That signs for this business facility shall be limited to
that which is shown on the exhibits submitted by the petitioner and
approved by the Planning Commission. Any additional signs shall be
subject to approval by the Planning Commission as a "Reports and
Recommendations" item.
35. That the property owner shall provide the City of Anaheim
with a public utilities easement to be determined as electrical
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design is completed.
36. That any required relocation of electrical facilities
shall be at the expense of the developer.
37. That the sale of alcoholic beverages shall not exceed
thirty five percent (35 percent) of the gross sales of all retail
sales during any three (3) months period. The applicant shall
maintain records on a quarterly basis showing the separate amounts
of sales of alcoholic beverages 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.
38. That no outdoor storage or display or sales of any
merchandise including shopping carts or fixtures shall be permitted
outside the building.
39. That the operator of this facility shall be fully
responsible for retaining all shopping carts and/or laundry carts
and not permitting either to leave this site.
40. That subject property shall be developed substantially in
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 Revision No. 1 of Exhibit Nos. 1, 2 and
3, and as conditioned herein.
41. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 4, 5, 14, 18, 22, 24, 25, 27, 28, 29,
30, 31, 33, 35, 36 and 47, herein-mentioned, shall be complied
with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code; provided, however, if an extension of time is
requested for the alcoholic beverage sales portion of this
conditional use permit, it shall be considered at a noticed public
hearing.
42. That prior to the commencement of the activity herein
approved or prior to final building and zoning inspections,
whichever occurs first, Condition Nos. 6, 7, 26, 32 and 40, above-
mentioned, shall be complied with.
43. 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
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other applicable ordinance, regulation or requirement.
44. That the parking lot gate(s) shall be chained and locked
from 9:00 p.m. to 7:00 a.m.
45. That the petitioner shall submit revised plans showing a
minimum fifteen (15) foot setback along Olive Street to the Zoning
Division for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
46. That the operator shall obtain a building permit and
commence construction of the facility on or before September 22,
1999.
47. That the Code Enforcement Division of the Planning
Department shall make a report to the City Council at the end of
the first year and at the end of the third year following
commencement of the use concerning code compliance and any law
enforcement issues or concerns relating to said premises.
48. That this conditional use permit shall expire, and the
use authorized hereby shall terminate, on June 22, 2004.
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.
THE FOREGOING RE5OLUTION is approved and adopted by the City
Council of the City of Anaheim this 22nd day of June, 1999.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE ITY OF ANAHEIM
31464.1
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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-143 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 22nd day of June, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-143 on the 22nd day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 22nd day of June, 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-143 was duly passed and adopted by the City Council of the
City of Anaheim on June 22nd, 1999.
CITY CLERK OF T E CITY OF ANAHEIM