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2003-056RESOLUTION NO. 2003R-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04641. 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 Zoning Code land use requirements for an existing drive-through restaurant and to permit construction of a service station with accessory car wash and convenience market with the sale of beer and wine for off-premises consumption, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOST COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, WESTERLY 175.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION; THENCE WESTERLY 249.25 FEET,ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO FRED G. DALSTROM, ET UX., BY DEED RECORDED FEBRUARY 17, 1932 IN BOOK 530, PAGE 480 OF OFFICIAL RECORDED; THENCE SOUTH 250.00 FEET TO THE NORTHWEST CORNER OF TRACT NO. 2473, RECORDED IN BOOK 72, PAGES 27 AND 28 OF SAID MISCELLANEOUS MAPS; THENCE EAST 249.25 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH 250.00 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 54, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COIINTY RECORDER 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. PC2003-37 granting Conditional Use Permit No. 2002-04641; 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 knah~im. 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 - 2 - 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. 2002-04641 be, and the same is hereby, granted to establish conformity with Zoning Code land use requirements for an existing drive-through restaurant and to permit construction of a service station with accessory car wash and convenience market with the sale of beer and wine for off-premises consumption on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.02.058.010.014 - and 18.03.030 Nonconforming Structures and Uses - General. (Conditional use permit required to retain two nonconforming billboards; none proposed) (b) (c) Sections 18.05.050 18.05.112 and 18.44.050.090 Section 18.44.062.010.011- Nonconforming Signs and Billboards - General. (Conditional use permit required; none proposed) Maximum structural height within 150 feet of a single-family residential zone boundary. (5-foot high structure permitted set back 10 feet from the south property line; 14-foot high carwash proposed) subject to the following conditions: 1. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building; and that any such advertising shall not be visible to anyone outside the building. 2. That the gross sale 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 - 3 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. 3. That no beer and wine shall be consumed on any property under the control of the applicant. 4. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. 5. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he/she has control. 6. That there shall be no video, electronic, pool table or coin-operated games or other amusement devices maintained upon the premises at any time. 7. 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. 8. That the area of beer or wine displays shall not exceed twenty five percent (25%) of the total display area inside the building. 9. That the sale of beer and wine shall be made to customers only when the customer is inside the building. 10. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 11. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 12. That any public telephones proposed on-site shall be located inside the convenience market and/or restaurant. 13. That the existing public telephone at the northeast corner of the front of the drive-through restaurant shall be removed or relocated inside the building. 14. That all trash shall be properly contained in trash bins contained within approved trash enclosure(s). The number of bins - 4 - 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 of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 15. That no storage, display or sale of any merchandise or fixtures shall be permitted outside the building. 16. 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 convenience 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. Said information shall be specifically shown on the plans submitted for building permits. 17. That the operator of the service station/convenience market shall participate in, and aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 18. 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 connection with service stations shall be complied with. 19. That no alcoholic beverages except beer and wine shall be sold on the premises. 20. That window signs shall not be permitted for the service station or convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Said information shall be specifically shown on the plans submitted for building permits. 21. That no seating or table areas for the service station/convenience market shall be provided for on-site food consumption. Said information shall be specifically shown on the plans submitted for building permits. 22. That during business hours of the service station/convenience market, separate men's and women's restrooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. - 5 - 23. That, in conformance with Anaheim Municipal Code 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. A copy of the recorded agreement shall be submitted to the Zoning Division. 24. That no propane tanks shall be permitted. 25. That three (3), eight (8) to ten (10) foot, brown trunk height California Fan Palms shall be installed within the landscaped setback area in front of the drive-through restaurant. Said information shall be specifically shown on the plans submitted for building permits. 26. That the site plan shall be modified to show the minimum ten (10) foot wide landscaped setback planter area required by Code along the south property line east of the proposed carwash building. Said information shall be specifically shown on the plans submitted for building permits. 27. That a chain link fence with PVC slats shall be utilized as the enclosure of the vapor recovery system. At such time as the vapor recovery system is removed, the chain link fencing shall be removed and a new parking space shall be provided in compliance with City standards and a minor expansion of the landscaped area along this new space shall be provided. Said information shall be specifically shown on the plans submitted for building permits. 28. That the vapor recovery system shall be painted to minimize reflection and visibility to the public right-of-way. The condition of the paint shall be adequately maintained. Said information shall be specifically shown on the plans submitted for building permits. 29. That the landscaped planter areas proposed along the east elevation of the convenience market shall be extended along the entire front of the building elevation, with the exception of the front entryway doors. Said information shall be specifically shown on the plans submitted for building permits. 30. That the following items shall be removed from the sign plans submitted for building permits: Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for food product - 6 - display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) 'carwash entrance' pole sign facing Ball Road (this sign would function as an advertisement for the carwash rather than as a directional sign for carwash users). 31. That the design of the monument sign for the service station/convenience market shall be upgraded by widening the base to an appropriate width proportional to the height of the sign; and that a cornice treatment shall be added to the monument sign. Final sign plans shall be submitted to the Zoning Division for review and approval indicating this modification. Any decision by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 32. That the hours of operation of the carwash facility shall be from 7:00 a.m. to 7:00 p.m. daily; and that beer and wine shall not be sold between the hours of 2 a.m. to 6 a.m. 33. That sound pressure level field measurements of the carwash shall be taken on-site prior to commencing operation of the carwash to ensure compliance with the Anaheim Municipal Code. 34. That there shall be no exterior audio advertisement of beer and/or wine sales. 35. That final landscaping and irrigation plans for subject property shall be submitted to the Zoning Division for review and approval. Ail trees shall be minimum twenty four (24) inch box sized. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a 'Reports and Recommendations' item. Ail trees shall be properly and professionally maintained to ensure mature and healthy growth, the trees shall not be unreasonably trimmed. 36. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner, and as conditioned herein. A comprehensive final sign plan shall be submitted to the Zoning Division for review and approval prior to issuance of building permits. Any additional signage shall be subject to approval by the Planning Commission as a 'Reports and Recommendations' item. 37. That four (4) foot high address numbers shall be displayed on the roof of the new convenience market building and the existing drive-through restaurant in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. - 7 38. That final elevation plans for the new construction shall be submitted to the Zoning Division for review and approval by the Planning Commission as a 'Reports and Recommendations' item with modified architectural enhancements incorporated into the project, including the following: Incorporation of ledge stone treatment into the trash receptacles located between the pump dispensers since it is not being applied to the pump island canopy. Incorporation of additional architectural features to define the main entry. 39. That as required by the Public Works Department, Streets and Sanitation Division, all necessary National Pollution Discharge and Elimination System (N.P.D.E.S.) permits shall be obtained. 40. That within ninety (90) days from the date of this resolution, the developer shall submit a Remedial Action Plan to the Public Utilities Department, Environment and Safety Division, for review and approval. Within ninety (90) days of receipt of approval of the Remedial Action Plan, the developer shall implement said Remedial Action Plan to the satisfaction of the Public Utilities Department, Environment and Safety Division. 41. That the location of any above-ground exhaust vents in conjunction with this service station facility shall be shown on the plans submitted for building permits so as to be located outside the required setback area and to be as minimally noticeable from public view as possible. Said 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 by the Zoning Division. 42. That the existing street improvements along Ball Road and Brookhurst Street shall be removed and full street improvements constructed at the ultimate location. That prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section of the Public Works Department; and that a performance bond in an amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim to guarantee said improvements. The improvements shall be constructed prior to final building and zoning inspections. 43. That the legal property owner shall prepare an unsubordinated covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to the City Attorney; and that said covenant shall be recorded with the Office of the Orange County Recorder. A copy of the recorded - 8 - covenant shall be submitted to the Zoning Division. Provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, and land usage and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 44. That prior to commencing operation of this new business, valid business license(s) shall be obtained from the Business License Division of the City of Anaheim Finance Department. 45. That prior to connection of electrical service, the legal owner of subject property shall provide the City of Anaheim with a five (5) foot wide public utilities easement along the path from the system point of connection to pad mounted equipment, and an eighteen (18) foot by twenty five (25) foot easement for the transformer. 46. 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 Public Works Department, Streets and Sanitation Division. Said turn?around area shall be specifically shown on the plans submitted for building permits. 47. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 48. 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 the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 49. That all backflow equipment shall be located above ground outside the street setback areas in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans submitted to and approved by the Water Engineering and Cross Connection Control Inspector before submittal for building permits. - 9 - 50. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 51. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. 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 area(s) shall be protected from graffiti opportunities by the use of plants 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. 52. 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. 53. That the property shall be permanently maintained in an orderly fashion though the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 54. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 55. That all existing water services and fire lines shall conform to current Water Services Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or abandon any water service or fire line. 56. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 57. That the driveways on Ball Road and Brookhurst Street shall - 10 - be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 58. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight distance visibility for the new monument sign location. 59. That the property owner/developer shall complete a Burglary/Robbery Alarm permit application, Form APD 516. 60. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2002-00087, and annexation of the property to the City of Anaheim. 61. 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 Exhibit Nos. 1-11, and as conditioned herein, with the following signs to be removed: Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for food product display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) 'carwash entrance' pole sign facing Ball Road (this sign would function as an advertisement for the carwash rather than a directional sign for carwash users). 62. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2000-04256 (to construct a new service station with a convenience market and waiver of required landscaping adjacent to interior site boundary lines), Conditional Use Permit No. 3932 (to permit the expansion of an existing service station to include a convenience market with retail sales of beer and wine for off-premises consumption at 1201 South Brookhurst Street), and Conditional Use Permit No. 638 (to permit an existing service station within 75 feet of an R-1 Zone). 63. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the landscaping is damaged, diseased or dies, it shall be replaced in a timely manner. 64. That the maximum height of the service station canopy shall be fifteen and one-half (15~) feet to the underside, and nineteen - 11 - and one-half (19~) feet to the top of the canopy. Said information shall be specifically shown on the plans submitted for building permits. 65. 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, 13, 16, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 35, 36, 37, 38, 39, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 56, 57, 58, 60, 62 and 64, 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. 66. That prior to final building and zoning inspections, Condition No. 16, 33, 42, 44, 59 and 61, above-mentioned, shall be complied with. 67. 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 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 RESOLUTION ~ approved ~nd adopted by the City Council of the City of Anahe~/this 18t~a~of March, 2003. /! ATTEST: ' CIT~ CLERK~F THR-CITY OF ~AHEIM 48804 . 1 12 - 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-56 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hemandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Pringle, Tait TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: None C~iTY CLE-~K OF':I'HE CITY OF ANAHEIM (SEAL)