Resolution-PC 2003-14•
RESOLUTION NO. PC2003-14
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 98R-266, AS AMENDED BY RESOLUTION NOS. 2000R-14 AND 2000R-115,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4069
WHEREAS, on December 15, 1998 the Anaheim City Council did, by its Resolution No.
98R-266, grant Conditional Use Permit No. 4069 to permit a service station with a 1,925 square foot
convenience market with the retail sale of beer and wine for off-premises consumption and a 920 square
foot drive-through self service car wash at 805 South Harbor Boulevard and 510 West South Street, and
with waiver of maximum structural height abutting a residential zone; and
WHEREAS, on January 25, 2000, the City Council did, by its Resolution No. 2000R-14,
amend said Resolution No. 98R-266 to approve waivers of permitted location of freestanding signs,
required site screening abutting a residential zone and required improvement of public rights-of-way; and
did also amend certain conditions of approval and add new Condition Nos. 65 through 70; and
WHEREAS, on June 20, 2000, the City Council did, by its Resolution No. 2000R-115,
amend and restate the conditions of approval in their entirety, including the following conditions:
2. That the retail sale of beer and wine portion of this use permit shall expire three (3)
years from the date of issuance of an occupancy permit for the convenience market.
Th_at the sale of beer and wine shall be permitted only between the hours of 8 a.m. to
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12 a.m.
49. That signage for subject facility shall be limited to that which is shown on the exhibits
submitted by the petitioner and approved by the Planning Commission, except as
otherwise specified herein. Any additional signage shall be subject to approval by the
Planning Commission as a`Reports and Recommendations' item.
52. That the under-side of the canopy shall be reduced to fifteen (15) feet high, thereby
reducing the overall height to not more than finrenty four (24) feet.
54. That the proposed wrought iron portion of the proposed fence along fhe west and south
property lines outside the front setback area, shall be reduced to a height of four (4)
feet so that the maximum height of the fence does not exceed six (6) feet. In addition,
the three (3) foot high block wall within the landscaped setback shall be reduced to two
(2) feet to match this fence.
60. 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. 1 of Exhibit No. 1 and Exhibit
Nos. 2 through 5; and as conditioned herein, including reducing the canopy height as
specified in Condition No. 54 (should be No. 52), above mentioned.
WHEREAS, this property is developed with a 1,925 square foot service station with a self
serve car wash and convenience market with the sale of beer and wine for off-premises consumption;
that the zoning is CL (Commercial, Limited); and that the Anaheim General Plan land use designation is
Commercial Professional and Medium Densify Residential; and
TRACKING NO. CUP2002-04634
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WHEREAS, the petitioner has requested the following under authority of Code Sections
18.03.092 and 18.03.093:
(a) To delete the portion of this use permit which permits the retail sale of beer and wine for three years
after issuance of an occupancy permit for the convenience market (i.e., to expire on September 13,
2003) (Condition No. 2);
(b) To extend the hours during which beer and wine can be sold (Condition No. 2); and
(c) To amend the previously-approved exhibits and conditions of approval (Nos. 49 and 60) pertaining
to signage, to permit and retain three un-permitted informational signs, one existing directional sign
and one carwash menu sign; and to construct three new wall signs.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 16, 2002, 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 amendment and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued
to the January 13 and 27, 2003 Planning Commission meetings; 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 following public notification, the petitioner revised the signage proposal by deleting the
requ_est to retain three existing informational signs facing Harbor Boulevard and one wall sign facing
South Street.
2. That the use, as amended, is properly one for which a conditional use permit is authorized by
the Zoning Code.
3. That deletion of the time limitation pertaining to the sale of beer and wine at the convenience
market is necessary to permit reasonable operation of the approved use under the use permit as granted.
4. That extending the hours during which beer and wine can be sold at the 24-hour convenience
market is approved to permit sales from 6 a.m. to 2 a.m.; that said hours are consistent with approval of
extended hours at a similar facility at the southwest corner of Broadway and Anaheim Boulevard; and
that the Police Department does not oppose the increased hours.
5. That the sign proposal is approved, in part, because some of the proposed signs are
repetitive and unnecessary and do not comply with the goal of creating an aesthetically pleasing service
station; that this property does not possess any physical constraints such as size, shape or location
which adversely impact adequate signage of the approved uses; and that the approved monument and
wall signage will provide adequate identification and advertising opportunities for the service station,
convenience market and car wash.
6. That the use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
7. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
8. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That amending this 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 Anaheim.
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10. That this use permit is being exercised in substantially the same manner and in conformance
with all conditions and stipulations originally approved by the Ciry Council.
11. That this use permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare.
12. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4069 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 previousty approved
Negative Dec-aration 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 amend, in their entirety, the conditions of approval of Conditional Use Permit No. 4069, granted
under Resolution No. 98R-169 as amended by Resolution Nos. 2000R-14 and 2000R-115, to read as
follows:
That the sale of beer and wine shall be permitted only between the hours of 6 a.m. to 2 a.m.
2. That no video, electronic or other amusement devices or games shall be permitted.
3. That no propane tanks shall be permitted.
4. That the trees shall not be unreasonably trimmed to increase visibility of the facility.
That roof-mounted balloons and other similar devices shall be prohibited.
6. That the numerical street address shall be provided and maintained on the roof of the building in a
contrasting color to the roof, in a manner not visible to the street and to the satisfaction of the
Anaheim Police Department.
That any on-site telephones(s) shall be located inside the convenience store building.
8. That window signs shall be prohibited.
9. That an inventory of retail sales items not including beer, wine, fuel and automotive products)
exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises.
10. That receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of all retail
sales during any twelve (12) month period.
11. 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.
12. That the area(s) of beer or wine display shall not exceed twenty five percent (25%) of the total
display area in the convenience market building.
13. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be
sold from, or displayed in, permanently affixed coolers for the cooling and storage of all refrigerated
products.
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14. That no advertising of beer or wine shall be located, placed, or attached to any iocation outside the
interior of the convenience market building, or be audible to any location outside the interior of the
convenience market building; and that any such advertising shall not be visible to anyone outside
the building.
15. That the sale of beer and wine shall be made to customers only when the customer is inside the
convenience market building.
16. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine.
17. 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 market 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.
18. That the operator of the service station shall participate in, aid and suppo-t educational and other
programs intended to reduce driving while under the influence of drugs or alcohofic beverages.
19. That all trash generated by the convenience market shall be properly contained in trash bin(s)
located within approved trash enclosure(s). The number of bins 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 additionaf frequency of pick-up shall be paid by the business owner.
20. That any roof-mounted equipment shall be subject to the screening requirements specified in
Anaheim Municipal Code Section 18.44.030.120.
21. 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.
22. That the front landscaped setback (outside the ultimate street rights-of-way) shall include a
landscaped earthen berm (minimum three (3) feet high) and shall be maintained and irrigated with
minimum twenty four inch (24") box sized trees located on maximum twenty (20) foot centers.
23. That the landscaped areas within the dedication area (i.e., the ultimate street rights-of-way) shall be
properly maintained by the property owner until such time that the street(s) are widened.
24. That clinging vines shall be planted on maximum three (3) foot centers against all screen walls and
fences, including the trash enclosure(s). Said landscaping shall be continually maintained.
25. That the trash enclosure area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, 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 clinging vines or tall shrubbery.
26. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 to the satisfaction of the Streets and Sanitation Division.
27. That the car wash shall utilize a recycled water system. The car wash system shall discharge to the
sanitary sewer system between the hours of 10 p.m. to 7 a.m. only.
28. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet a separate irrigation meter shall be maintained in compliance with Chapter 10.19
(Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349.
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29. That the car wash shall comply with all State laws and local ordinances for water conservation
measures. Voluntary water conservation strategies shall be encouraged.
30. That only one (1) driveway shall be permitted on South Street and one (1) on Harbor Boulevard.
31. That site shall be maintained in conformance with plans submitted to the City Traffic and
Transportation Manager showing conformance with the most current versions of Engineering
Standard Plan Nos. 436, 602 and 607 pertaining to parking standards and driveway locations.
32. That all driveways shall be maintained with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137.
33. That during business hours of subject facility, the men's and women's restrooms shall be available to
the public and shall be properly supplied and maintained.
34. That no outdoor vending machines or water machines shall be located so as to be visible to the
public rights-of-way.
35. That the car wash drive-through lane shall be maintained as approved by the City Traffic and
Transportation Manager.
36. That on-site lighting shall be maintained in accordance with plans approved by the Community
Services Division, Police Department.
37. That the hours of operation for the car wash shall be limited to 7 a.m. to 7 p.m. daily.
38. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside
the building.
39. That the roll-up car wash doors shall be painted to match the exterior of the building.
40. 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.
41. That the signs on subject property shall be limited to the following, and shall be subject to the review
and approval of the Zoning Division. Any future minor modifications to this signage shall be subject
to review and approval of the Planning Commission as a`Reports and Recommendations' item.
(a) One (1), maximum eight (8) foot high, monument sign located near the intersection of Harbor
Boulevard and South Street. The monument sign shall be located within a properly maintained
landscaped planter area. No signage shall be applied to the base.
(b) Two (2), nine (9) square foot each, U-shaped signs advertising on-site services, located on the
west ends of the two southerly pump islands facing the convenience market. The remaining four
(4) pump island ends may have the same sized signage but the text shall be limited to "please
pull up to forward pump," or a message with the similar instructional intent.
(c) Two (2) wall signs facing Harbor Boulevard and not exceeding fifteen (15) sq.ft. each. Said signs
shall display only the name of the tenants and/or a tenant logo, advertise of the car wash, and/or
specify'open 24-hours.'
(d) One (1), twenty four (24) square foot, `menu board' sign located at the entry to the car wash
tunnel.
(e) One (1), nine (9) square foot, car wash informational/instructional sign located on the wall of the
trash enclosure and directing car wash patrons to the entrance of the facility.
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(fl Two (2) canopy signs, not exceeding twelve (12) square feet each, located on the canopy band,
with not more than one (1) sign per canopy face.
(g) All new signs shall have a uniform color and design theme to match the colors of the existing
approved signs.
42. That the exhaust vents for the gasoline station tanks shall be located at the rear of the property.
43. That the parking lot serving 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. Said lighting shall be directed, positioned and shielded in such a manner so
as not to unreasonably illuminate the window areas of adjacent properties and that said lighting shall
be continually maintained.
44. That a bond shall be recorded and maintained to the satisfaction of the Public Works Department
and the City Attorney's Office guaranteeing construction of the public right-of-way improvements as
required by the Public Works Department within a period of five (5) years from the date of
occupancy.
45. 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. 3 of Exhibit No. 1, and Exhibit Nos. 2 through 5; and as
conditioned herein.
46. That within a period of 60 (sixty) days from the date of this resolution, Condition Nos. 41 and 45, _
above-mentioned, shall be complied with.
47. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 27, 2003.
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CHA ERSON, ANA EI CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 Ciry Planning
Commission held on January 27, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, ROMERO
/ IN WITNESS WHEREOF, I have hereunto set my hand this 2 J~~' day of
e b /' Q , 2003.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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