2001-045RESOLUTION NO. 2001R-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE
PERMIT NO. 4217 AND AMENDING RESOLUTION NO.
PC2000-80
WHEREAS, on June 5, 2000, the Anaheim City Planning
Commission adopted Resolution No. 2000-80 to grant, in part,
Conditional Use Permit No. 4217 to permit construction of a
gasoline service station with accessory convenience market and with
waivers of permitted encroachments into required yards, minimum
dimensions of parking spaces (deleted), minimum required landscaped
setback adjacent to arterial highways, minimum structural setback
adjacent to interior property lines and minimum landscape
requirements adjacent to interior property lines; and that
subsequent to the public notice, the proposed sale of beer and wine
for off-premises consumption and a fast food restaurant were
deleted from the request; and
WHEREAS, this property is currently developed with a
service station (which will be demolished and replaced with a new
service station and accessory convenience market) at 3085 East La
Palma Avenue; that the property is located in Development Area 5
(Commercial Area) of the Northeast Area Specific Plan No. SP 94-1;
that the property is located in the Northeast portion of the
Project Alpha Redevelopment Plan; and that the Anaheim General
Plan designates the property for General Commercial land uses; and
WHEREAS, the petitioner has requested approval of the
sale of beer and wine for off- premises consumption in conjunction
with the previously-approved gasoline service station with
accessory convenience market; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on November 6,
2000, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed amendment and to investigate
and make findings and reconnnendations in connection therewith; and
WHEREAS, said Commission, after due inspection,
investigation and study made by itself and in its behalf, and after
due consideration of all evidence and reports offered at said
hearing, adopted its Resolution No. PC2000-123 denying said
amendment to Conditional Use Permit No. 4217; and
WHEREAS, within the time permitted by law, the permit
holder appealed said decision to the City Council of the City of
Anaheim; and
WHEREAS, the City Council held a duly noticed public
hearing on February 13, 2001, 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 No. 4217.
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. 4217 and heretofore set forth in
Resolution No. PC 2000-80 be, and the same are hereby, amended and
restated in their entirety, to read as follows:
"1. That any tree or other landscaping planted on-site shall
be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
2. That a minimum 3-foot high landscape earthen berm shall
be incorporated into the entire length of the landscaped setbacks
outside of the ultimate right-of-way adjacent to La Palma Avenue
and Kraemer Boulevard, and further that large potted plants shall
be installed at both ends of each gasoline pump island. A
landscape screen for the air and water devices shall be provided.
Final landscaping plans indicating type, size and location of
proposed landscaping and irrigation shall be submitted to the
Zoning Division for review and approval by the Planning Commission
as a Reports and Recommendations item. Once approved, the
landscaping shall be installed and maintained in accordance with
the plan.
3. That minimum 24-inch box sized trees shall be planted in
the landscape planters immediately adjacent to La Palma Avenue and
Kraemer Boulevard. A minimum of four (4) trees shall be planted
along the interior property lines, and a minimum of four (4) trees
shall be planted adjacent to the street frontages and outside at
the ultimate right-of-way for a minimum total of sixteen (16)
trees. That stepping stones shall be provided across the planters
to encourage pedestrian access to the property. That this
landscape information shall be specifically shown on plans
submitted to the Zoning Division for review and approval by the
Planning Commission as a Reports and Recommendations item. Once
approved, the landscaping shall be installed and maintained in
accordance with the plan.
4. That the final floor and lighting plans for this facility
shall be subject to the review and approval of the Community
Service Division of the Police Department and plans shall be
submitted to the Zoning Division for review and approval by the
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Planning Commission as a Reports and Recommendations item. Once
approved, the floor plan shall be constructed and maintained in
accordance with the plan.
5. That no window signs shall be permitted at any time to
allow unobstructed visibility of the store interior from the
outside.
6. That the locations for future above-ground utility
devices including, but not limited to, electrical transformers,
water backflow devices, gas, communications and cable devices,
etc., shall be shown on plans submitted for building permits.
Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of screening walls,
materials, identifiers, access points, etc.) and shall be subject
to the review and approval of the appropriate City departments.
7. 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 adjacent properties, and that said lighting information shall
be specified on plans submitted for building permits.
8. That trash storage areas shall be provided and maintained
in a location 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 highways. The walls of the storage areas shall
be protected from graffiti opportunities by the use of plant
materials such as minimum 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Said information shall
be specifically shown on the plans submitted for building permits.
9. That a plan sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division for review and
approval.
10. That final sign and elevation plans for the convenience
market building and the pump island canopy shall be submitted to
the Zoning Division for review and approval by the Planning
Commission as a Reports and Recommendations item. Once approved,
these structures shall be constructed and maintained in accordance
with the plan.
11. That an on-site trash truck turn-around area shall be
provided per Engineering Standard Detail No. 610 and maintained to
the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically
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shown on plans submitted for building permits.
12. That since this project has landscaping area exceeding
2,500 square feet, a separate irrigation meter shall be installed
and comply with City Ordinance No. 5349 and Chapter 10.19 of
Anaheim Municipal Code.
13. That the applicant shall be responsible for maintaining
the premises free of litter at all times.
14. That roof-mounted balloons or other inflated devices
shall not be permitted.
15. That no exterior public telephones or vending machines
shall be permitted.
16. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard Plan
Nos. 436, 601/602 and 607B pertaining to parking standards and
driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said plans.
17. The existing driveways closest to the intersection of La
Palma Avenue and Kraemer Boulevard shall be removed and replaced
with standards curb, gutter, sidewalk and landscaping as required
by Engineering Standard Detail No. 607 B. Said information shall
be shown on plans submitted for building permits.
18. That the remaining driveways shall be reconstructed to
accommodate ten (10) foot radius curb returns in conformance with
Engineering Department Standard No. 137. Said information shall be
specifically shown on plans submitted for building permits.
19. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval in conformance
with the Engineering Standard No. 137 pertaining to sight distance
visibility for the sign and wall/fence location.
20. That no storage, display or sales of any merchandise or
fixtures shall be permitted outside the building.
21. That any roof-mounted equipment shall be subject to the
requirements of Anaheim Municipal Code Section No. 18.110.100.0307
pertaining to the SP 94-1, DA 5 Zone. That the proposed equipment
screen shall be redesigned to be compatible with the architecture
and exterior building materials of the convenience market building.
This information shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a Reports and
Recommendations item.
22. That the location of any above-ground exhaust vents in
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conjunction with this service station facility shall be shown on
plans submitted for building permits so as to be out of the
required setback area and as least noticeable from public view as
possible. Plans shall also identify the specific treatment of each
vent (i.e., landscape screening, color of vents, materials, etc.)
and shall be subject to the review and approval of the appropriate
City departments.
23. That the required trees adjacent to the public rights-of-
way shall not be unnecessarily pruned so as to provide increased
visibility of the facility.
24. That in conformance with Anaheim Municipal Code Section
18.110.100.050.0523, pertaining to removal of closed service
stations, an unsubordinated agreement shall be recorded with the
Office of the Orange County Recorder agreeing to remove the service
station structures in the event that the station is closed for a
period of twelve (12) consecutive months. A service station shall
be considered closed during any month in which it is open for less
than fifteen (15) days. The covenant must be reviewed and approved
by the City Attorney's office and a copy of the recorded agreement
shall be submitted to the Zoning Division.
25. That 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. Said information shall be specifically shown on plans
submitted for building permits.
26. That no required parking area shall be fenced or
otherwise enclosed for outdoor storage use.
27. That there shall be no on-site tables or seating areas
for the consumption of food.
28. That the legal owner of this property shall provide the
City of Anaheim with a public utilities easement to be determined
as the electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to connection of electrical
service.
29. That any required relocation of City electrical
facilities shall be at the developer's expense.
30. That all existing water services shall conform to current
Water Utility Standards. Any existing water services that are not
approved by Utility for continued use shall be upgraded to current
standards, or abandoned by the developer. If the existing services
are no longer needed, they shall be abandoned by the developer.
31. That the legal property owner shall submit an application
for a Subdivision Map Act Certificate of Compliance to the Public
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Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the
Orange County Recorder prior to issuance of a building permit.
32. That no propane tanks shall be permitted at this
property.
33. That there shall be no fast food use on the premises,
unless a conditional use permit is approved authorizing such use.
34. That no video, electronic or other amusement devices or
games shall be permitted.
35. That the property owner shall submit a sign relocation
agreement for the review and approval of the Real Property Section
of the Public Works Department. Said agreement shall specify that
when the Critical Intersection widening occurs, the monument sign
shall be removed and replaced with a sign conforming with the
Anaheim Zoning Code and City Standards in effect at that time, at
the property owners expense.
36. That the 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 1 Exhibit Nos. 1
and 2 and Exhibit Nos. 3 through 6, and as conditioned herein.
37. That the under side of the canopy shall be reduced to a
maximum height of sixteen (16) feet, reducing the overall height to
not more than twenty four (24) feet. This information shall be
specifically shown on the plans submitted for building permits.
38. That the existing freestanding pylon sign indicating
"Shell Oil" shall be removed prior to the issuance of a building
permit.
39. That a minim%un enclosed retail sales area of
twelve-hundred (1200) square feet for the convenience market shall
be provided unless the sales of beer and wine is discontinued.
40. That an inventory of retail sales items (not including
beer, wine, fuel or automotive products) exceeding ten thousand
dollars ($10,000.00) shall be maintained on the site.
41. That receipts from the sales of beer and wine shall not
exceed thirty-five percent (35%) of all retail sales during any
twelve (12) month period. The applicant shall maintain records on
a quarterly basis indicating the separate amounts of sales of beer
and wine and other items. These records shall be made available
for inspection by any City of Anaheim official when requested.
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42. That no display of beer or wine shall be located outside
a building or within five (5) feet of any public entrance to a
building.
43. That the areas of beer or wine displays shall not exceed
twenty five percent (25%) of the total display area in a building.
44. That cold beer or wine having a temperature below sixty
five degrees (65°) Fahrenheit shall only be sold from or displayed
in permanently affixed coolers for the cooling and storage of all
refrigerated products.
45. That no advertising of beer or wine shall be located,
placed or attached to any location outside the building and that
any such advertising shall not be visible to anyone outside the
building and shall not be audible (interior or exterior).
46. That sales of beer and wine shall be made to customers
only when the customer is inside the building.
47. That no person under twenty one (21) years of age shall
sell or be permitted to sell any beer or wine.
48. That at least one (1) sign to discourage driving a
vehicle while under the influence of drugs or alcoholic beverages
shall be prominently displayed inside the building for every three
(3) signs advertising beer or wine; provided, however, that at
least two (2) such signs to discourage driving a vehicle while
under the influence of drugs or alcoholic beverages shall be
prominently displayed inside the building.
49. That the operator of the service station shall
participate in, aid and support educational and other programs
intended to reduce driving while under the influence of drugs or
alcoholic beverages.
50. That sales of beer and/or wine shall be permitted only
between the hours of 8am and midnight daily.
51. That no beer and wine shall be consumed on the property.
52. That beer shall not be sold in packages less than a six
(6) pack, and that wine coolers shall not be sold in packages
containing less than a four (4) pack.
53. That all provisions of Anaheim Municipal Code Section
18.27.023.020 (as it may be amended from time to time) pertaining
to off-sale of beer and/or wine in service stations shall be
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complied with.
54. That prior to the issuance of a building permit, or
within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11,
16, 17, 18, 19, 21, 22, 24, 25, 28, 31, 35, 37 and 38, above-
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.
55. That prior to final building and zoning inspections,
Condition Nos. 12, 30, and 36, above-mentioned, shall be complied
with.
56. 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.."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. PC2000-80 shall remain in full force and
effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 13th day of February,
2001.
'MAYO~/F THE CITY OF ANAHEIM
ATTEST:
CITY CL~RK ~F THE CITY OF ANAHEIM
39027.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2001R-45 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 13th day of February, 2001, 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
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM