Resolution-PC 2000-80! •
RESOLUTION NO. PC2000-80
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04217 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:
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. THE EAST 203.00
FEET OF THE SOUTH 2O3.00 FEET OF LOT 14 IN BLOCK K OF THE
KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGES 87
AND 88 OF MISCELLANEOU~ RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 5, 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 properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.100.050.0523 to construct a gasoline service station with
accessory convenience market" with waivers of the following:
* The proposed sale of beer and wine for off-premises consumption and a fast food restaurant uses have been
deleted subsequent to the advertising of this request.
(a) SECTIONS 18.04.043 Permitted encroachments into required yards.
AND 18.110.100.100 (no parking permitted; parking proposed)
(b) SECTIONS 18.06.040.020 Minimum dimensions of parking spaces.
AND 18.110.100.110.1103 DELETED
(c ) SECTIONS 18.41.063.010 Minimum required landscaped setback adjacent
18.87.030.040 to arterial highways. (10 feet, fully landscaped,
AND 18.110.100.090 from the ultimate right-of-way line at La Palma
Avenue and Kraemer Boulevard required; 5 feet
proposed at intersection.)
(d) SECTIONS 18.41.063.;030 Minimum structural setback adjacent to interior
18.87.030.040 property lines. (10 feet, fully landscaped,
AND 18.110.100.090 required adjacent to north and west (interior)
property lines; building proposed adjacent to
both property lines and trash enclosures
proposed 5 feet from west property line)
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(e) SECTIONS 18.44.063.050
AND 18.87.030.072
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Minimum landscape requirements adjacent to
interior property lines.
(5 trees required at north and west property lines
(10 total); 4 trees proposed (8 total))
2. That waiver (a) permitted encroachments into required yards, is hereby approved on the
basis that there are s,pecial circumstances pertaining to this property that make compliance with Code
requirements difficult based upon the size and location of this property at a Critical Intersection which
requires setback requirements to be taken from the ultimate right-of-way line, which effectively reduces
the size of this property 12 feet on the east property line at Kraemer Boulevard and 12 feet on the south
property line at La Palma Avenue and that the strict application of the Zoning Code deprives this property
of privileges enjoyed by other service station properties of typical size in this area of the City of Anaheim.
3. That waiver (b) pertaining bo minimum dimensions of parking spaces is hereby denied on
the basis that it was deleted following public notification.
4. That waiver (c ) pertaining to minimum landscaped setback adjacent to arterial highways,
is hereby approved on the basis that there are special circumstances pertaining to this property that make
compliance with Code requirements difficult based upon the size and location of this property at a Critical
Intersection which requires setback requirements to be taken from the ultimate right-of-way line, which
effectively reduces the size of this property 12 feet on the east property line at Kraemer Boulevard and 12
feet on the south property line at La Palma Avenue and that the strict application of the Zoning Code
deprives this property of privileges enjoyed by other service station properties of typical size in this area
of the City of Anaheim.
5. That waiver (d) pertaining to minimum structural setback adjacent to interior property
lines is hereby approved on the basis that there are special circumstances pertaining to this property that
make compliance with Code requirements difficult based upon the size and location of this property at a
Critical Intersection which requires setback requirements to be taken from the ultimate right-of-way line,
which effectively reduces the size of this property 12 feet on the east property line at Kraemer Boulevard
and 12 feet on the south property line at La Palma Avenue and that the strict application of the Zoning
Code deprives this property of privileges enjoyed by other service station properties of typical size in this
area of the City of Anaheim.
6. That waiver (e) pertaining to minimum landscape requirements adjacent to interior
property lines is hereby approved on the basis that because of the reduced size of this property,
insufficient space exists to plant two additional trees.
7. That no one indicated their presence at said public hearing in opposition; one person
spoke with concerns; and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the pr~oposal to construct a gasoline service station with accessory
convenience market, and a fast food restaurant with waivers of (a) permitted encroachments into required
yards, (b) minimum dimensions of parking spaces (deJeted), (c ) minimum landscaped setback adjacent
to a~terial highways, (d) minimum structural setback adjacent to interior property lines, and (e) minimum
landscape requirements adjacent to interior property lines for a rectangularly-shaped 0.52 acre property
located at the northwest corner of La Palma Avenue and Kraemer Boulevard, which has a frontage of 150
feet on the north side of La Palma Avenue and 150 feet on the west side of Kraemer Boulevard (3085
East La Palma Avenue); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, 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 safery and general welfare of the Citizens of the City of Anaheim:
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 Bou~evard, 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 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 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 perrriitted 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 discernibCe 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.
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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 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 responsibl'e 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 submitte~ 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 IEngineering 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 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 Ciry departments.
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23. That the required trees adjacent to the pubiic 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, au~ 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 finrelve (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 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 or sales of beer, wine or other alcoholic beverages of any kind
on the premises, unless a conditional use permit is approved authorizing such use(s).
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 1Norks 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 Exhibit Nos. 1 through 6, and as conditioned herein.
37. That the under side of the canopy shall be reduced to 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.
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38. That the existing freestanding pole sign indicating "Shell Oil" shall be removed prior to the issuance
of a building permit.
39. 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, and 35, 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.
40. That prior to final building and zoning inspections, Condition Nos. 12, 30, and 36, above-mentioned,
shall be complied with.
41. 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 ap;plicable 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 hereinabove 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
June 5, 2000.
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C AIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
~/`~"
SECRET Y, A HEIM CITY PLANNING COMMISSION
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 June 5, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
R~
IN WITNESS WHEREOF, I have hereunto set my hand this 3 day of
, 2000.
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SECRET RY, AHEIM CITY PLANNING COMMISSION
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