Resolution-PC 2000-22• ~
RESOLUTION NO. PC2000-22
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4183 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF LOT 30 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY
MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER
OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3
PAGE(S) 163 ET SEQ., ENTITLED " LOS ANGELES COUNTY MAP" IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF WEST STREET, 66.00
FEET WIDE, DISTANT THEREON 201.85 FEET NORTHERLY FROM THE
INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF BALL
ROAD, 60.00 FEET WIDE, AND RUNNING THENCE SOUTHERLY, ALONG
SAID CENTER LINE OF WEST STREET, 201.85 FEET TO SAID CENTER LINE
OF BALL ROAD; THENCE WESTERLY, ALONG SAID CENTER LINE OF BALL
ROAD, 196.70 FEET; THENC~ NORTHERLY AT RIGHT ANGLES TO SAID
CENTER LINE OF BALL ROAD, TO AN INTERSECTION WITH A LINE WHICH
IS AT RIGHT ANGLES TO SAID CENTER LINE OF WEST STREET AND
WHICH PASSES THROUGH 7HE POINT OF BEGINNING; THENCE
EASTERLY TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 13, 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 conditional use permit and to
investigate and make findings and recommendations 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,
does find and determine the following facts:
1. That the proposed use is property one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.48.020.050.0505 and 18.48.070.050.0511 to remodel and expand
an existing legal nonconforming service station and convenience market, with waiVers of:
(a) Sections 18.06.050.020.0225 - Minimum number of parkinq spaces.
18.06.080 and 18.48.110.120 (3 additional qarking spaces required for a 500 sq.ft.
convenience market expansion; 2 existing parking
spaces with no additional spaces proposed)
(b) Section 18.48.070.090.0903
(c) Sections 18.48.070.110.1109 -
and 18.48.070.110.1111
Minimum interior setback area.
(10-foot landscaped setback required along the north
property line (5-foot wide existing); no setback proposed)
Repuired wall screeninq.
(walls required to be screened with clinqing vines and/or
shrubberv; no screenin4 proposed along new block walls)
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(d) Sections 18.48.130.060.0604 - Maximum number and size of wall signs.
and 18.48.130.070.0702 (4 wall signs permitted in accordance with Exhibit 7.Oa
"General Sign Standards Matrix" for the Anaheim Resort,
consisting of 1 convenience market siqn and 3 service
station signs; 5 wall siqns proposed, consisting of
2 convenience market
si4ns and 3 service station signs)
2. That waiver (a), minimurrn number of parking spaces, is hereby approved on the basis
that the Traffic and Transportation Manager concurs with the waiver because, as indicated in the
petitioner's parking analysis dated January 25, 2000, the proposed expansion area will be used for
storage only and will not increase the retail sales, display and/or service area or increase the number of
employees on the premises.
3. That, pa~king waiver (a), ~under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the use than the number of spaces necessary to accommodate the
facility's operation nor increase the demand or competition for parking spaces upon the public street in
the immediate vicinity or upon adjacent private properties inasmuch as the proposed expansion area will
be used for storage only and will not increase the sales, display and/or service area or increase the
number of employees upon the premises.
4. That, parking waiver (a), under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or impede vehicular ingress/egress to or from adjacent
properties upon the public streets in the immediate vicinity in that the facility is currently in operation and
the improvements will not increase the customer service or retail areas, nor the number of employees.
5. That waiver (b), minimurn interior setback area (to waive the requirement for a 10-foot
setback from the north property line for the ±convenience market expansion area) and waiver (c), required
wall screening (to waive the requirement to screen the new block walls with clinging vines or shrubbery),
under the conditions imposed, are hereby approved, on the basis that special circumstances have been
identified which are applicable to the size, shape and location of the property and existing building
configuration that do not apply to other identically-zoned properties in the vicinity in that the property is an
irregularly-shaped parcel of land that has been impacted by the public right-of-way improvements along
both Ball Road and West Street, which improvements have resulted in an overall reduction in the gross
square footage of the property; that a portian of the existing building has a minimum 5-foot setback from
the north property line; that the building expansion area and block wall are proposed to encompass area
which is currently enclosed by a chain link fence with redwood slats; that due to the reduction in the gross
square footage of the property as a result o~ public right-of-way improvements and the existing layout and
design of the convenience market, canopy and drive aisles, there is no ability to expand the building on
the south elevation or the east elevation; that the portions of the block wall which are oriented towards the
interior of the property will not be visible from any adjacent property or public rights-of-way; that no trash
enclosure walls will face a street; and, that strict application of the Zoning Code would deprive the
property of privileges enjoyed by other properties in the same vicinity and zone classification because this
property is one of the smallest in the vicinity and was, therefore, the most impacted by public right-of-way
improvements.
6. That waiver (d) maximum number of wall signs, under the conditions imposed, is
hereby approved, in part, on the basis that special circumstances have been identified which are
applicable to the size, shape and location of the property that do not apply to other identically-zoned
properties in the vicinity and strict application of the Code would deprive the property of privileges enjoyed
by other properties in the same zone in that the property is an irregularly-shaped parcel of land that has
frontage on two streets (Ball Road and West Street) and that the one permitted wall sign would not be
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visible from both streets; that the proposed ~monument sign, which can only be oriented towards the
intersection of Ball Road and West Street due to the existing underground gasoline tanks, will not provide
business identification visible from southbound West Street; that typically all buildings in the Anaheim
Resort Specific Plan Zone are allowed by Code to have at least one wall sign which could be oriented
towards the adjacent street frontage; and, that the portion of this waiver pertaining to maximum size of
wall signs is hereby denied because it was deleted by the petitioner.
7. That the convenience market with gasoline sales and off-premise sale of beer and wine
was established and constructed prior to the adoption of the Anaheim Resort Specific Plan No. 92-2 and
is, therefore, considered a legal nonconforr~ing use.
8. That Code Sections 18.48.020.050.0505 and 18.48.070.050.0511 of the Anaheim
Municipal Code (Anaheim Resort Specific Flan No. 92-2 Zone) provide for the modification or expansion
of a legal nonconforming use subject to the approval of a Conditional Use Permit providing such
modification or expansion would bring the use or building into greater conformity with the intent of the
Specific Plan.
9. That the proposed remodel and expansion of the building constitutes a modification
and expansion of the legal nonconforming u~se.
10. That, as conditioned herein, the proposed remodel and expansion would not adversely
affect adjoining land uses or the growth and development of the surrounding area in that the property is
currently developed and operating as a convenience market with gasoline sales and off-premises sales of
beer and wine and the proposed improvements to the property would bring the property into greater
conformity with the intent of the Specific Plan in that the nonconforming pole sign and wall signage would
be removed and replaced with conforming signage at an earlier time than required by Code (Code
requires the nonconforming signage to be removed or replaced by December 31, 2002); that the existing
roof-mounted equipment would be entirely screened from view by the architectural design of the building;
that clinging vines will either be planted in a planter box to allow vines to cascade down the wall adjacent
to the north and west property lines, or alternatively, along the north property line, the property
owner/developer shall obtain a perpetual landscape easement to provide for the planting of clinging vines
and shrubs along the convenience market building and wall; that the planter along the west property line
will be refurbished and a landscape border will be installed along three sides of the proposed Anaheim
Resort monument sign to be constructed at the southeast corner (intersection of Ball Road and West
Street) of the property; that the existing pay telephone in the southern portion of the property would be
relocated to either inside the convenience market building or within 10 feet from the front door; and, that
the existing chain-link fence with redwood slats would be replaced with a block wall screened with
clinging vines on the side of the wall oriented towards the public right-of-way and adjacent properties.
11. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the area nor to the peace, health, safety, and general
welfare in that the property is fully developed and has been operating as a convenience market with
gasoline sales and off-premises sales of beer and wine since 1988; that the proposed expansion area
and block walls would encompass a sideyard area which is currently screened by a chain link fence with
redwood slats; that the proposed improvements would not increase the existing sales, display or
customer service areas or generate an incr~ase in customer traffic or the number of employees upon the
premises; and, that, as demonstrated in the parking analysis dated January 25, 2000, there will not be
any additional traffic generated by the proposed expansion area and the proposed use will not impose an
undue burden upon the streets and highways designated to carry traffic in the area.
12. Thak the granting of the Conditional Use Permit, under the conditions imposed, would
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
13. That no one indicated their presence at the public hearing in opposition to the proposal
and that no correspondence was received i~ opposition.
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CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal to remodel and expand an existing legal nonconforming
service station and convenience market, with waivers of minimum number of parking spaces, minimum
interior setback area, required wall screening, and maximum number and size of wall signs on a 0.35-
acre property located at the northwest corner of Ball Road and West Street, having approximate
frontages of 122 feet on the north side of Ball Road and 127 feet on the west side of West Street, and
further described as 1037 West Ball Road (Arco Service Station and "am/pm" convenience market); and
does hereby approve the Mitigated Negative Declaration, including an amendment to the last landscape-
related mitigation measure, upon finding that the declaration, as amended, reflects the independent
judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with
any comments received during the public review process and further finding on the basis of the initial
study and any comraients received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the property owner/developer shall be held responsible for compliance with all the mitigation
measures, as amended, set forth in N1itigation Monitoring Plan No. 030 specifically created for this
project, and for complying with the mdnitoring and reporting requirements established by the City in
compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property
owner/developer shall be responsible for any direct costs associated with the monitoring and
reporting required to ensure implementation of those mitigation measures identified in Mitigation
Monitoring Plan No. 030 and made a part of these conditions of approval by reference.
2. That the property owner/developer shall comply with Condition Nos. 8, 10, 13, 14, 17, 18, 19, 20,
21, 23, 25, 26, 27, 28, 32, 33, 37 and 40, as set forth in Ordinance No. 5454 adopted by the City
Council on September 27, 1994 in connection with the adoption of the Anaheim Resort Specific
Plan No. 92-2, said conditions being incorporated herein by reference as if set forth in their entirety.
3. That prior to issuance of a building permit, revised plans shall be submitted to the Planning
Department showing the following:
(a) That the primary color used for dominant wall surfaces shall be light-colored, and accent
colors shall be limited to finro (2) colors complementary to the required colors of Arco/"am/pm"
signage. Further, the use of accent colors shall be limited to areas around windows and on
archways.
(b) That joint or score lines and finish treatment shall be added to the structure to give the stucco
the appearance of stone, or another material with a texture/treatment resembling a stone look
shall be used.
(c) That the proposed spires atop the four (4) turrets shall be removed.
(d) That the three (3) existing pump island canopy support columns discussed in paragraph (14)
of the Staff Report to the Planniing Commission dated March 13, 2000 shall be eliminated or
integrated into the design of the building.
(e) That fast-growing clinging vines shall be planted in planter boxes on the wall, either on the
top of the wall or on the interior side of the wall, to provide for vines cascading down to cover
the wall to prevent graffiti opportunities, and that an adequate irrigation system shall be
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installed to maintain the vines; or, alternatively, that the property/owner developer shall
submit proof of a perpetual landscape easement agreement with the property to the north to
allow for the planting, irrigation and maintenance of fast-growing clinging vines and shrubs
adjacent to the convenience market building. The vines in the planter boxes or the vines and
shrubs on the property to the north shall be installed prior to final building and zoning
inspections and shall be irrigated and maintained in a good condition.
(~ That planter boxes, similar to those described in Condition No. 3(e) above, or vine pockets
shall be placed along the wall on the west side of the property. The planter boxes or the
vines pockets, including an irrigation system, shall be installed and landscaped prior to final
building and zoning inspections, and shall be maintained thereafter in a good condition.
(g) That detailed and precise sign plans shall show a maximum of five (5) wall signs consisting of
three (3) "Arco"/"Spark" logo signs (one (1) sign on each side of the canopy) and two (2)
"am/pm" signs (one (1) sign on the south building elevation and one (1) sign on the east
building elevation). The size of said signs shall comply with Code requirements.
4. That the Zoning Code does not permit window signage for the convenience market. No signs shall
be placed inside a window or upon the window panes or glass so as to be visible to the exterior
side of the window, in conformance with Code requirements. All fixtures, displays, merchandise
and other materials shall be set back~a minimum of three (3) feet from all window areas.
5. That prior to the issuance of a building permit, the property owner/developer shall submit a
photometric study to the Police Department for review and approval. The study shall show a
minimum two (2) footcandle lighting level in the parking lot and shall be prepared to the satisfaction
of the Police Department.
6. That the existing outdoor equipment area is a legal nonconforming use, and that any alteration in
the location of this area or the equipment contained therein shall not be permitted.
7. That prior to final building and zoning inspections, a site inspection shall be conducted by Planning
staff to ensure that flood lights used to light the turrets shall not cause excessive lighting or glare on
the adjacent hotel property or the public rights-of-way. If Planning staff determines that there is
excessive lighting or glare, the lighting shall be dimmed or altered to the satisfaction of the Planning
Director.
That the property owner/developer shall be responsible for maintaining the premises free of litter at
all times.
That all trash generated by the convenience market shall be properly contained in trash bins
contained within the approved trash enclosure. The number of bins shall be adequate and the
trash pick-up shall be as frequent as c~ecessary 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 by the business owner.
10. That no outdoor storage (beyond the legal nonconforming outdoor equipment area currently
provided to the rear of the building), display, or sales of any merchandise or fixtures shall be
permitted outside the building at any time, with the exception of the dispensing of motor fuels.
11. That prior to final building and zoning inspections, all public telephones located on the property
shall be relocated either inside the convenience market or within ten (10) feet from the front door.
12. That the property owner/developer shall obtain all of the necessary building permits for the interior
and exterior modifications and/or ten~nt improvements associated with this development proposal;
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and that the property owner/developer shall obtain all of the necessary and required inspections to
the satisfaction of the Planning Department.
13. That, in conformance with the Anaheim Municipal Code pertaining to removal of closed service
stations, an unsubordinated agreeme;nt shall be recorded with the Office of the Orange County
Recorder agreeing to remove the service station structures 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 f,or less than fifteen (15) days. A copy of the recorded
agreement shall be submitted to the Advanced Planning Division, Planning Department, within sixty
(60) days from the date of this resolution.
14. That no video, electronic or other amusement devices or games shall be permitted.
15. That the convenience market shall operate in conformance with the Letter of Operation, the parking
analysis dated January 25, 2000 and the submitted floor plan that formed the basis for approval of
the parking waiver. Further, the cool2r/storage expansion area and the new office and storage area
shall be used for cooler, storage and 'office uses only and shall not be used for any other purpose
(e.g., additional retail area). Exceedi~g, violating, intensifying or otherwise deviating from any of
the assumptions contained in the parking analysis shall be deemed a violation of the express
conditions imposed upon said waiver; which shall subject said waiver to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code.
16. That during business hours of the subject facility, the restroom shall be available to the public and
shall be properly supplied and maintained.
17. That prior to final building and zoning~ inspections or prior to the commencement of activities
authorized by this resolution, whichever occurs first, subject property shall be developed
substantially in accordance with plans and specifications on file in the Planning Department marked
Exhibits Nos. 1 through 5, as revised,pursuant to Condition No. 3, above-mentioned.
18. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinab'ove set forth. Should any such condition, 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 was adopted at the Planning Commission meeting of
March 13, 2000.
CHAIRPE SON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
~~
SECR TARY, A AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 13, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
' IN WITNESS WHEREOF, I ttave hereunto set my hand this ~~~ day of
, 2000.
~ C..?~'~~
S CRE A Y, ANAHEIM CITY PLANNING COMMISSION
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