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Resolution-PC 2003-137~ ~ RESOLUTION NO. PC2003-137 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC95-2 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3732 WHEREAS, on January 9, 1995, the Anaheim City Planning Commission did, by its Resolution No. PC95-2, grant Conditional Use Permit No. 3732 to convert a service station repair bay area in an existing service station at the northeast corner of Ball Road and State College Boulevard (1198 South State College) to a mini-market with the retail sale of beer and wine for off-premises sale and consumption; and WHEREAS, the property is developed with a 1,817 square foot service station and convenience market with two pump island canopies; that the zoning is CL (Commercial, Limited); and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested an amendment to this conditional use permit consisting of waiver of minimum structural setback abutting an arterial highway and modification of the previously approved exhibits to raise the height of two existing service station pump island canopies (from 13 feet to 14'/2 feet as measured to the underside of the canopies, and 18 feet as measured to the top of the canopies) to accommodate high profile vehicles; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the -.---- City of Anah~im on O~tob~~ 6, -~003,-at 1:30-p.m.,-notiEe of said public-b€aring having-b~~n duly give~ 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 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 petitioner requests an amendment to this conditional use permit under authoriry of Code Section 18.03.092 for waiver of the following to raise the height of two existing pump island canopies at a previously-approved service station with a convenience market with the retail sale of beer and wine for off- premises: Section 18.44.063.010 - Minimum structural setback abuttinq an arterial hiqhway. (10 feet, fully landscaped, required; none to 3 feet existing and proposed along Ball Road and State College Boulevard) 2. That the waiver of minimum structural setback abutting an arterial highway is hereby approved due to a special circumstance applicable to this property consisting of its location at the intersection of Ball Road and State College Boulevard which was designated a Critical Intersection 31 years after the service station and pump island canopies were approved in 1961; that when the service station and pump island canopies were constructed, the development complied with the required structural setbacks along both arterial highways and no waivers were necessary; that the Circulation Element of the General Plan was subsequently amended to designate this intersection, among others in the city, a Critical Intersection which included wider ultimate planned rights-of-way along both highways (53-foot to 65-foot half widths as measured from the centerline); and, further, that this property's dual frontage on two primary arterial highways effectively doubles the impact of the planned ultimate right-of-way changes, creating a hardship for the existing service station that does not apply to other properties in the vicinity. Tracking No. CUP2003-04758 CR\PC2003-137.doc -1- PC2003-137 ~ ~ 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. That amending this conditional use permit and approving the waiver, under the conditions imposed, is reasonably necessary to protect the public peace, health, safety or general welfare, and necessary to permit reasonable operation under the conditional use permit as previously granted. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVtRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit by waiver of minimum structural setback abutting an arterial highway in connection with a previously-approved service station with a mini- market with the off-premises sale and consumption of beer and wine at 1198 South State College Boulevard, and to amend the previously approved exhibits to raise the pump island canopy heights of two existing canopies to accommodate high profile vehicles; and does hereby find that the Negative Decfaration previously approved in connection with Conditional Use Permit No. 3732 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby-ar~er~ef Resofution NQ. PC95 2; adopted in eonnectioR with Concti4io~at Use Permit No. 3732, to -- approve the waiver of minimum structural setback abutting an arterial highway to raise the height of two existing pump island canopies at the previously-approved service station with a convenience market with the retail sale of beer and wine for off-premises; and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC95-2 are amended in their entirety read as follows: 1. That the property owner shall record an unsubordinated covenant agreeing to remove the pump island canopy and associated improvements abutting State College Boulevard at no cost to the City at such time as the street is widened to the width designated on the adopted Circulation Element Map of the Anaheim General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Following approval, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and the Zoning Division. 2. That no beer or wine shall be sold, furnished, or delivered via a drive-up window. 3. That the sale of beer and/or wine shali be permitted only between the hours of 9 a.m. and 10 p.m., daily. 4. That the quarterly gross sale of alcoholic beverages shall not exceed ten per cent (10%) of the gross sales of food and/or other commodities sold in the convenience market during the same period. 5. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior of the building from inside the building, promoting or indicating the availability of alcoholic beverages. 6. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises and under the control of the licensee. 7. 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 -2- PC2003- ~ ~ the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate adjacent properties. 8. 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. 9. That the property owner shall record an unsubordinated covenant agreeing to remove the pump island canopy and associated improvements abutting Ball Road which may be located within the future public right-of-way at no cost to the City at such time the street is widened to the width designated on the Circulation Element of the Anaheim General Plan. Said covenant shall be reviewed and approved as to form by the Public Works Department and City Attorney. Following approval, the covenant shall be recorded in the Office of the Orange County Recorder. A recorded copy shall be submitted to the Public Works Department and the Zoning Division. 10. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3150 (permitting a new service station and convenience market). 11. That there shall be no coin-operated telephones maintained upon or adjacent to the building at any time (other than those which may exist on the date of this resolution). 12. That there shall be no coin-operated games maintained on the premises at any time. 13. That prior to commencement of the activity authorized by this resolution, subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petifioner and wfiich pfans are on fife wifh the Planning Deparfinenf marked EXfiiC~if Nos. T througF~ 5, and as conditioned herein. 14. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 7, 9 and 10, 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. 15. 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 appficable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 6, 2003. , ANAHEIM CITY PLANNING COMMISSION A' iOR SECRETARY, Fi~VAHEiM CI~Y i'LANNiNG CGUii~iiSSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2003- C~ ! I, Pat Chandler, Senior 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 October 6, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO VACANCY• COMMISSIONERS' ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2003. -4- PC2003- SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION