2003-005RESOLUTION NO. 2003R-5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CERTAIN AMENDMENTS
TO CONDITIONAL USE PERMIT NO. 3939 AND AMENDING
RESOLUTION NO. 97R- 137 AS HERETOFORE AMENDED BY
RESOLUTION NOS. PC98-166 AND PC2000-27
WHEREAS, on July 15, 1997, the Anaheim City Council did, by its Resolution No.
97R-137, grant Conditional Use Permit No. 3939 to permit a 3,750 sq.ft, service station, including a
convenience market with retail sale of beer and wine for off-premises consumption, a drive-through
car wash and two fast food restaurants; and
WHEREAS, on October 26, 1998, the Anaheim City Planning Commission did, by
its Resolution No. PC98-166, amend Condition No. 37 of the aforementioned Resolution No.
97R-137, to extend the hours during which beer and wine can be sold (8:00 a.m. to 2:00 a.m. instead
of 8:00 a.m. to 10:00 p.m.; and
WHEREAS, on March 13, 2000, the Planning Commission did, by its Resolution
No. PC2000-27, further amend the aforementioned Resolution No. 97R-137 to allow a full service
car wash facility in conjunction with the previously-approved service station with an accessory
convenience market with the sale of beer and wine for off-premises consumption, and two fast food
restaurants; and that the Commission amended Condition No. 34 (pertaining to the approved
exhibits) and added two new Condition No. 43 (pertaining to permitted car wash signage) and No.
44 (pertaining to submittal of final plans showing the permanent structure for the detail area); and
WHEREAS, this property is developed with a service station (Arco) at 301 South
Anaheim Boulevard, with a drive-through full-service car wash and a convenience market with fast
food and the sale of beer and wine for off-premises consumption; that the property is zoned CL
(Commercial, Limited); that the Anaheim General Plan designates the property for General
Commercial land uses; and that the property is located within the South Anaheim Boulevard
Commercial/Industrial Redevelopment Project Area; and
WHEREAS, the petitioner requested certain modifications to the entitlements and
conditions of approval of Conditional Use Permit No. 3939 pertaining to modifications to 7 existing
signs, retention of 2 wall signs installed without permits, and installation of 2 new signs with waiver
of permitted sign copy for freestanding entrance or exit signs; and that the petitioner also proposed
to sell beer and wine in single portions and add two hours to the time during which beer and wine
can be sold at the convenience market for off-premises consumption (which proposal was later
withdrawn by the petitioner); and
WHEREAS, the City Planning Commission did hold a public hearing on October 21,
2002, to consider said request and, after hearing and considering all of the evidence and testimony
offered at said public hearing, did adopt its Resolution No. PC2002-160 approving certain
amendments to Conditional Use Permit No. 3939 and amending Resolution No. 97R-137
accordingly; and
WHEREAS, within the time provided by law, the petitioner did appeal the decision
of the Planning Commission to the City Council in accordance with the procedure specified in
Chapter ! 8.03 of the Anaheim Municipal Code; and
WHEREAS, the City Council held a duly noticed public hearing on December 17,
2002, which hearing was continued to January 7, 2003, 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 that the Anaheim City Council does
hereby amend Resolution No. PC97R-137, adopted in connection with Conditional Use Permit No.
3939, as previously amended, to approve the 'car wash' sign on the north elevation of the car wash
building (facing Broadway); and
BE IT FURTHER RESOLVED that the City Council does hereby deny the
other proposed signs, including waiver of permitted sign copy for freestanding entrance or exit signs
except as otherwise expressly authorized and set forth in the conditions of approval as herein
amended and restated; and
BE IT FURTHER RESOLVED that the City Council does hereby approve
the proposed extended hours during which beer and wine can be sold at the convenience market;
and
BE IT FURTHER RESOLVED that the Anaheim City Council does hereby
amend the conditions of approval in their entirety to read as follows:
1. That the roofing shall consist of Spanish tile or another similar roofing material, as may be
approved by the Planning Commission.
2. That all signs shall be of high quality; and if internally lit 'can' signs are proposed, such
signs shall consist of individually routed letters similar to those used for the Anaheim Civic Center
retail store fronts.
3. 3.
That the signs on subject property shall be limited to the following and any future
minor modifications to this signage shall be subject to review and approval of the
Planning Commission as a Report and Recommendation item.
(i)
One, maximum eight (8) foot high, triangular monument sign located near the
intersection of Anaheim Boulevard and Broadway. The monument sign shall include
a brick base and be located in a properly maintained landscaped planter area. No
signage shall be applied to the brick base.
(ii)
Two (2), 5.5-square foot u-shaped signs advertising on-site services, located on the
west ends of the two southerly pumps islands. The remaining four (4) pump island
ends may have the same sized signage but shall be limited to instructional messages
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only such as "Please pull up to forward pump."
(iii)
Approximate one (1) square foot informational signs on the sides of the pumps that
are not adjacent to and facing the public right of way.
(iv)
Two (2) wall signs, one (1) facing Broadway and one (1) facing Anaheim Boulevard
and not exceeding twenty-five (25) sq. ft. each. Such signs shall display only the
name of the tenants and/or a tenant logo, fuel pricing as required by the State of
California, advertisement of the car wash and/or specification of being open 24-
hours. One additional sign indicating "AM/PM" or similar tenant identification, not
exceeding 25 square feet, shall be permitted facing Anaheim Boulevard.
(v)
One (1), 15 square foot "car wash" sign above the north elevation of the car wash
tunnel.
(vi)
Car wash informational/instructional signage located at the entry to the car was
tunnel as approved by the Planning Commission on March 13, 2000.
(vii) Three (3) logos, not exceeding 9 square feet each, located on the canopy band, with
not more than one (1) logo per canopy face.
4. That neon tubing around the roof shall not be permitted.
5. That all on-site landscaping shall be in conformance with, and compatible to, landscaping in
the Downtown Area.
6. That trash enclosure walls shall be screened with plants consisting of vines and shrubs, and
provided with permanent irrigation.
7. That no advertising signs other than those specifically approved by the Planning
Commission shall be constructed or placed on subject property.
8. That roof-mounted equipment shall not be visible from ground level and shall, to the greatest
extent practical, be screened from the view of nearby high-rise buildings. All such equipment shall
be the color of, or painted to, match the roof material.
9. That any exterior vending machine(s) shall not be visible to the public rights-of-way.
10. That during the 'open' business hours of this facility, separate men's and women's restrooms
shall be available to the public, and shall be properly supplied and maintained.
11. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to
removal of closed service stations, an un-subordinated agreement shall be recorded with the Office
of the Orange County Recorder agreeing to remove the service station structures (including the
underground tanks) in the event that the service 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.
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12. That all provisions of Anaheim Municipal Code Section 18.87.023.020 pertaining to the
retail sale of beer and wine for off?premises consumption (as it may be amended from time to time)
shall be complied with.
13. That the sale of alcoholic beverages shall not exceed thirty five percent (35%) of the gross
sale of all retail sales during any three (3) month 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.
14. That no display of beer or wine shall be located outside the building or within five (5) feet of
any public entrance to the building.
15. That
total display
the areas of beer or wine displays shall not exceed twenty five percent (25%) of the
area inside the building.
16. That window signs shall not be permitted for the service station or for the convenience
market. All fixtures, displays, merchandise and other materials shall be located a minimum of three
(3) feet from all window areas.
17. That no advertising of beer or wine shall be located or placed outside the building, or
attached to any location outside the building; and that no such advertising (interior or exterior) shall
be audible.
18. That no video, electronic or other amusement devices or games shall be permitted anywhere
on subject property.
19. That the sale of alcoholic beverages shall be made to customers only when the customer is
inside the building.
20. That no person under twenty one (21 ) years of age shall sell or be permitted to sell any beer
or wine.
21. That no alcoholic beverages shall be consumed on the premises.
22. That the parking lot serving the premises shall be equipped and maintained 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.
23. That the applicant shall be responsible for maintaining the premises free of litter at all times.
24. That beer shall not be sold in packages containing less than a six (6) pack; and that wine
coolers shall not be sold in containers less than a four (4) pack.
25. That no propane tank(s) shall be permitted on-site.
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26. That all landscaped areas shall be planted, irrigated and permanently maintained, in
conformance with Exhibit No. 4, except as otherwise conditioned.
27. 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.
28. 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 dies. Trees and shrubbery shall not be
unreasonably trimmed or pruned for the purpose of increasing visibility to the property.
29. That any public telephones proposed on-site shall be located inside the convenience market.
30. That the petitioner shall be responsible for compliance with all mitigation measures within
the assigned time frames and any direct costs associated with Mitigation Monitoring Program No.
99 (attached to Resolution No. 97R-137), as established by the City of Anaheim and as required by
Section 21081.6 of the Public Resources Code to ensure implementation of those identified
mitigation measures.
31. That no required parking area shall be fenced or otherwise enclosed for storage or other
outdoor uses.
32. That an on-site trash truck turn around area shall be maintained in accordance with
Engineering Standard Detail No. 610 and as required by the Public Works Department, Streets and
Sanitation Division.
33. That landscaped planters shall be maintained adjacent to the building except where
pedestrian access is provided into the building.
34. That fast food sales areas shall be limited to those shown on the approved exhibits.
35. That no area shall be provided for on-site food consumption.
36. That no flags, banners or pennants used for advertising or promotional purposes shall be
permitted to be displayed outside the building with the exception of one (1), maximum ten (10)
square foot, temporary banner (mounted on the building) per street frontage, two (2) which banners
may be temporarily displayed only upon issuance of a Special Event Permit by the Zoning Division.
37. That sale of beer and wine shall be permitted only between the hours of 6 a.m. and 2 a.m.
38. 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. 2 of Exhibit No. 1, Exhibit Nos. 2 through 6 and
revision No. I of Exhibit No. 7, and as conditioned herein.
39. 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
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approval of the request regarding any other applicable ordinance, regulation or requirement.
BE 1T FURTHER RESOLVED that, except as expressly amended herein, Resolution
No. PC97-137 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 7th day of January, 2003.
~F ANAHEIM
ATTEST:
CIT"TCLERf( OF tHE CITY OF ^N^HEIM
47969.1
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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. 2003R~5 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 7th day of January, 2003, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
CI HE CITY OF ANAHEIM
(SEAL)