Resolution-PC 2005-155~ ~
RESOLUTION' NO. PC2005-155
A RESOLUTION OF TMEANAHEIM PLANNING COMMISSION
AMENDING RESOWTION NOS. 97R-21 AND PC98-204, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3902
WHEREAS, on February 25, 1997, Resolution No. 97R-21 was adopted by the Anaheim City
Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory
convenience market with the sale of beer and wine for off-premises consumption, and a drive-through fast:
food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum structural and ,
landscaped setback adjacent to a local street and required site screening; and
WHEREAS, on December 21, 1998, Resolution No. PC98-204 was adopted by the Anaheim
Planning Commission for approval of revised plans to construct a drive-through fast food restaurant in
conjunction with the service station and accessory convenience market with the sale of beer and wine for off-
premises consumption, with waivers of minimum number of parking spaces and minimum drive-through lane
: requirements; and
WHEREAS,'this property is developed with a service station, accessory convenience market
and fast-food drive-through restaurant in the CG (General Gommercial) zone; and
WHEREAS, the applicant requests approval of revised plans to construct a coffee shop
(Starbucks) and to establish a commercial retail center (with offices) in conjunction with the existing service
station, and drive-through fast food restaurant, with waivers of minimum structural and landscape setback,
required improvements for a local street, and minimum number of parking spaces; and
WHEREAS, the Anaheim 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:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS SHOWN ON A
MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709-I IN
DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31, 1994 AS 1NSTRUMENT
NO. 94-0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THENORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN :
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, 1N -
THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
Cr\PC2005-155 -1- ~ ' PC2005-155
Tracking No. CUP2005-05022
• ~
,
_ ~
WHEREAS, thePlanning Commission did hold a public hearing'at the Civic Center in the City '
of Anaheim on October 3, 2005 at 2:30 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 18.60, 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 that`said publichearing was continued to the November
14, and November 28, 2005 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 fotlowing facts
1. That the proposal to construct a coffee shop (Starbucks) and to establish a commercial retail _
center (with offices) in conjunction with an existing service station with accessory convenience markef with
beer and wine for off-premises consumption and a 2,000 square foot drive-thru fast food restaurant, is '
authorized by Anaheim Municipal Code Section 18.08.030.010, with the following waivers
(a) SECTION NOS. 18.08.060.010.0101 Minimum structural and landscaqe
and 18.08.060.010.0102 setback (10 feet required along Palm Street;
:,2 feet proposed)
(b) SECTION NO. 18.40.060.030 Required dedication and improvements for a
local Streef (DELETED)
(c) SECTION NO. 18.42.040.010 Minimum number of parkina spaces
(64 required; 41 proposed and recommended
by the City's independent traffic engineer) '
2. That the above-mentioned waiver (a) is hereby approved because the proposed addition
would be in line with the existing building and the existing wall, and since the addition would be consistent
with the assumptions of the previously-approved waiver, staff believes the necessary findings for approval of
the requested waiver can be justified, given the property's unique shape and location (fronts on three streets
with over 800 linear feet of frontage. Required street and front setbacks are intended to provide an adequate
landscaped buffer between buildings and the adjacent public or private streets. Additionally the proposal
meets the intent of the Code and is consistent with the previously-approved waiver staff.
3. That the above-mentioned waiver (b) is hereby denied as it is not necessary.
4. That the above-mentioned waiver (c) is hereby approved based submitted a parking analysis
prepared by Kunzman Associates, Inc., dated November 8, 2005, to substantiate the requested parking
waiver. The City's independent traffic engineer has reviewed the parking anafysis and has determined that
the proposed parking area referenced in the study would be sufficient for the proposed uses on the property.
5. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use, since the observed parking demand of the existing on site uses is 25 spaces, resulting in an
excess of 16 parking spaces. The proposed uses would generate a code-required demand of 15 spaces.
Since the project would provide a total of 41 parking spaces, and project demand would be a total of 40
spaces, staff believes the project would provide adequate off-street parking to accommodate all vehicles
attributable to the proposal under normal operation.
6. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. As
demonstrated in thisparking study; the project will provide adequate parking on-site to accommodate parking
_ -2- PC2005-155
~ ~
demand under normal operation. The site is expec'ted to contain a surplus of at least one space during peak
operation. It is unlikely that the on site peak demand of current uses (12:30 p:m. on a Saturday) would
'conflict with the peak demand for the two proposed uses (Starbucks and offices); therefore, staff does not
believe there would be an impact upon on-streetparking as"a result of this use.
7. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces'upon adjacent private property in the immediate vicinity of the proposed use as the property
will provide adequate parking to accommodate actual parking demand. The site is expected to contain a
surplus of atleast one space during peak operation. Mowever, it is unlikely that the on site peak demand of
current uses (12:30 p.m. on a Saturday) would conflicf with the peak demand for the two proposed uses
_(Starbucks and offices). As indicated by the study, no'demand for parking on adjacentprivate property is
anticipated.'
8. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use since no change in the configuration of the site
driveways; or internal circulation are proposed in a manner that would create potential conflict or traffic
congestion within the site. The combined uses on site operate such that peak operation demand for the
uses would generally not overlap (Taco Bell has a high weekend lunch demand, Starbucks typically has a
moming weekday demand, the service station and convenience market would generallyhave a high morning
and evening demand, and the office would have a weekday demand). 'Since #he peak demands of the uses
do not significantly overlap, traffic congestion would not be anticipated with implementation of the project.
9. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use since'no
change is proposed to the location of the driveways on the site and only a minor change to the parking layout
is proposed and would not impede vehicular ingress to or egress from adjacent properties: Furthermore, it
has been established that a sufficient supply of off-street parking will be provided'to meet the forecasted `
parking demand. Therefore, neither stacking onto the public street nor blocking an adjacent driveway would
be expected to occur.
10. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
11. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
12. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a coffee shop (Starbucks) and to establish a commercial
retail center (with offices) in conjunction with an existing service station with accessory convenience market
with beer and wine for off-premises consumption and a 2,000 square foot drive-through fast food restaurant,
with waiver of minimum number of parking spaces and minimum landscape and structural setback and does '
hereby find that a Negative Declaration 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 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.
-3- PC2005-155
~ •
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit Na' 3902, and
incorporating the conditions of approval contained in Resolution Nos: 97R-21 and PC98-204 into a resolution
' with 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 ofithe Citizens of the City of Anaheim:
(Bold text indicates new or modified conditions)
° 1. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from witfiin, promoting or indicating the availability of alcoholic beverages. Interior displays
' of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition. ;
2. That there shall be no display of beer and wine located outside of the building or within five (5) feet of
any public entrance to the building.
3. That the area of beer and wine disptays shall not exceed 25°l0 of the total display area in the building.
Said information shall be specifically shown on plans submitted for building permits.
4. That the sale of beer and wine shall be made to customers only when the customer is in the building.
5. That beer and malt beverages 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.
6. That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around the premises.
7. That the gross sales of beer and wine shall not exceed 40% of all retail sales during any three (3) month
period.' The applicant shal! maintain records on a 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.
8. That no wine shall be sold in bottles or containers smaller than 750 mL
9. That no person under eighteen (18) years of age shall sell or be permitted to sell any beer or wine
unless a supervisor twenty-one (21) years or older is on site.
10. That window signage shall not be permitted for the service station, convenience market and/or fast food
restaurant.
11. That the sale of beer and wine shall be permitted only between the hours of 8 am and 11 pm.
12. That the order speaker device for the drive-thru restaurant shall be equipped with an operable volume
control. The sound emitted shall not be audible at the residentially zoned boundaries to the south and
east: The ordering device shall not operate after 11 pm or before 6 am.
13. That no propane tank(s) shall be permitted on site.
14. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-
site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties.
15. That no video, electronic or other amusement devices shall bepermitted on the premises.
, -4- PC2005-155
~ •
16. That the service station, convenience market, coffee shop, and fast food restaurant employees shall be
required to park in the parking spaces adjacent to the east property line:
17: That no medical or dental offices shall be allowed at this site:
18. That no more than four (4)leasable office spaces shall be permitted with a total floor area of
1,204 square feet on the second floor of the convenience market. The remaining area shali be
limited`in use to office and storage area for the convenience market. Said informatiorr shall be
- indicated on plans submittedforbuilding permits. '
19. That final sign plans shall be submitted to the Planning Services Division for review. and
approval as to'placement, design and materials of all proposed on-sitesignage: Thaf the
additional signage shall be limited to a single wall sign on the west elevation of the convenience
market building to identify the office space; and the wall signs shown on the approved exhibits
for the Starbucks. No additional wall or freestanding/monument signs shall be permitted: The ,
signage shall be designed to complement the architecture of the commercial retail center. Any
decision by staff may be appealed to the Planning Commission as a"Reports and -
Recommendations" item.
20. That if the Starbucks use changes, an updated parking study shali be provided"to the Planning
Services Division for review and approval by staff to determine whether the assumptions
contained in the original parking study are still valid. Any decision by staff may be appealed to
the Planning Commission as a"Reports and Recommendations" item.
21. That all public phones shall be located inside the building.
22. That all trash generated from the commercial retail center shall be properly contained in trash'
bins located within approved trash enclosures. The number of bins shalf be adequate and the
trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timety
removal of refuse from the property. The Community Preservation 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.
23. 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.
24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
25. That no outdoor vending machines shall be permitted on the property. ;
26. That 4-foot high street address numbers shall be displayed on the roof of the building in a color
that contrasts with the roof material. The numbers shall not be visible from the streets or '
adjacent properties. Said information shall be specifically shown on plans submifted for
building permits.
27. That there shall be no outdoor storage permitted on the premises.
28. That roof-mounted equipment shall be screened from view in accordance with the requirements
of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone.
Said information shall be specifically shown on plans submitted for building permits.
29. That the property shall be permanently maintained in an orderly fashion by the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within
twenty four (24) hours from time of occurrence.
-5- PC2005-155
. •
30. That all requests for new water services or fire lines, as well as any modifications, relocations,
or abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
31. Thatall existing water services and firelines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer.
needed. Thebwner/developer shall be responsible for the costs'to upgrade or to abandon any
water service of fire line.
32. That the developer shall submit grading plans to the Public Works Department, Development
Services Division'to improve right-of-way with the i.nstallation of parkway and street trees and
irrigation on Ball Road in conformance with Public Works Standard Detail 110 and the
Department of Public Works Landscape and Irrigation Manual for Public Streets, Highway, Right-
'of-way and Easements. Landscaping.and irrigation in the public right-of-way along BaII Road
shall be connected#o the on-site irrigation system and maintained bythe property owner.
33. That the property owner shall irrevocably offer to dedicate for corner cut-off for road, public
utilities and other public purposes, at Ball Road and Harbor Boulevard and BaII Road and Palm
Street.'
34. That the property owner shall improve the sidewalk access ramps adjacent to the property to be
consistent with Public Works Standard Detail911-2 on BaII Road. Said'information shall be
specifically shown on plans submitted for Public Works Department, Development Services
Division approvaL
35. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 3
feet in width (12-feet total r/w behind curb is required) for a total distance of 30 feet from the '
construction centerline of Palm Street for road, public utilities and other public purposes.
~ 36. 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 walls, materials, identifiers, access
points, etc.). Said information shall be specifically shown on plans submitted for buiiding
permits.
37. That any required relocation of City electrical facilities shail be at the developer's expense.
38. That plans shall be submitted to the Traffic and Transportation manager for his review and
approval showing conformance with Engineering Standard No. 115 pertaining to sight distance
visibility for the monument sign and wall/fence location.
39. That the property owner/developer shall provide the City of Anaheim with a public utilities
~
easement to be determined as electrical design is compieted. '
40. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Pian Nos. 436, and 470 pertaining
to parking standards and driveway location. Subject property shall thereupon be developed and
, maintained in conformance with said plans.
41. That an Emergency Listing Card, Form ADP-281 shall be submitted in a completed form to the '
Anaheim Police Department.
-6- PC2005-155
~ •
42. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall
be fully screened by architectural devices and/or appropriate building materials. Said .
information shall be specifically shown on the plans submitted for building permits.
43. That a final landscape plan shall be submitted to the Planning Services Division for review and
' approval. Said plans shall specify the following:
. `The refurbishment of all landscaping areas on site including those areas adjacent to the
existing Taco Bell fast food restaurant and the frontage along Harbor Boulevard and the
' drive through Iane for the Taco BeIL
• The size, type, and location of all trees, shrubs, and ground cover proposed for the site.
. Minimum 24-inch box sized trees, and clinging vines along all perimeter block walls and
landscaped fingers every ten {10) parking,stalls.
. Trees within the parking area evenly distributed within all proposed landscaped fingers.
. Any decision by staff may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
44. That no on-street parking shall be permitted on the west side of Palm Street for a distance of
three hundred (300) feet south from Ball Road. ;
45. That final elevation plans reflecting a design that creates a unified look between the existing
building and the proposed addition shall be submitted to the Planning Services bivision for
review by the Planning Commission as a Reports and Recommendation Item.
46. That the subject property shall be developed substantially in accordance with the plans and '
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department Revision No. 2 of Exhibit No.1, Revision No. 1 of Exhibit Nos. 3
and 6, and Exhibit Nos. 2a; 2b, 4a, 4b, 5, 7, 8, and 9, and as conditioned herein.
47. 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. 18,19, 26, 28, 32, 33, 34, 35, 36, 38, 39, 40, 42,
43 and 45, above mentioned,.shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
48. That prior to final building and zoning inspections, Condition Nos. 30, 34, 41, and 46, above
mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
49. 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 JT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determinethat adoption of this Resolution is expressly predicated upon applicant's 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 cou~t of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
, shall result in delays in the issuance of required permits or the revocation of the approval of this application. :
-T- PC2005-155
~ •
THE FOREGOING RESOLUTION wasadopted at the Planning Commission meeting of
November28, 2005. Said resofution is subject to the appeal provisions set forth in Chapter 18.60, ''Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced :
by a City Council Resolution in the event of an appeaL ,
~~
- -- ~
~ CHAIRMAN, ANAHEIMPLANNING COMMISSION
ATTEST:
~~~~L ~~~2~t!'S~'o°
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
J, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission; do hereby certify
that the foregoing resolution was passed and adopted at a meeting of theAnaHeim Planning Commission
held on November 28, 2005, by the follow+ng vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: PEREZ, ROMERO ,
IN WITNESS WHEREOF, I have hereunto set my hand this ~,~ day of
, 2005.
.~'~--~
' i~it~ ~~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
=8- pC2005-155