Resolution-PC 2008-53RESOLUTION NO. PCZ00&~3
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION
AND APPROVING CONDITIONAL U5E PERMIT NO. 2008-05309
(770 NORTH EAST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a
Conditional Use Permit to construct a service station with a caz wash and a convenience mazket with
sales of beer and wine for off-premises consumption for certain real property situated in the City of
Anaheim, County of Orange, State of Califomia, shown on E~ibit A, attached hereto and incorporated
herein by this reference.
WHEREAS, the applicanY has reguested approval of a conditional use permit to
conshvct a sarvice station with a caz wash and a convenience market with sales of beer and wine for
off-premises consumption pursuant to Code Section 18.60 of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 28, 2D08, at 2:30 p.m., potice 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 "Procedures", to hear and consider evidence for and against said proposed request and
to investigate and make findings and recommendations in connection therewith; and
WHBREAS, 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 detemune the following facts:
1. That the proposed request to construct a service station with a car wash and a
convanience market with sales of beer and wine for ofF premises consumption is properly one for
which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the /~naheim
Municipal Code; and
2. That the service station, car wash and convenience store use, as conditioned, will not
adversely affect the adjoining land uses and the growth and development of the azea in which it is
located because the service starion employ sound reducing measure to ensure that the caz wash and
service station will comply with all Code requirements pertaining to sound pressure levels.
3. That the size and shape of the site for the use is adequate to allow the ser~rice station,
caz wash and convenience store use in a manner not detrimental to either the particulaz area or health
and safety as conditioned, as the property meets all Code requirements and there is sufficient pazking
to provide for the use.
4. That the traffic generated by the use of the property as service station, car wash and
convenience store use, as conditioned, will not impose an undue burdeu upon the streets and highways
designed and impxoved to carry the traffic in the area and;
5. That the granting of the conditional use perniit under the conditions iinposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
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6. That a person indicated their presence at said public hearing in opposition; and that a
letter was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has
reviewed the proposal and does hereby find and detemune that the Negative Declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declazation together
with any comments received during the publie 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 FURTHER RESOLVED that the Anaheim Planning
Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No.
2008-05309 to construct a service station with a car wash and a convenience mazket with sales of
alcoholic beverages for off=premises consumption 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 welfaze of the Cirizens of the City of Anaheim:
Responsible for
No. Conditions of Approval Monitoring
TIMING: PRIO R TO THE ISSUANCE OF GRtIDING P~RMITS
1 The applicant shall submit to the Public Works/Development ' Public Works
Services for review and approval a Water Quality
Management Plan that:
• Addresses Site Design Best Management Practices
(BMPs) such as minimizing impervious azeas,
maximizing permeability, minimizing directly
connected impervious azeas, creating reduced or "zero
dischazge" azeas, and conseiving natural azeas.
• Incorporates the applicable Routine Source Control
BMPs as defined in the Drainage Area Management
Plan.
• Incorporates Treahnent Control BMPs as defined in the
DAMP.
m Describes the long-term operation and maintenance
requirements for the Treatrnent Control BMPs.
• Identifies the enrity that will be responsible for long-
term operation and maintenance of the Treahnent
Control BMPs, and describes the mechanism for
funding the long-term operation and maintenance of
the Treatment Control BMPs.
TIMING: PRIOR TO THEISSUANCE OFBUILDINGPEIZMIT~S " '
2 A comprehensive final sign plan shall be submitted to the Planning
Planning Services Division for review and approval. Any
decision by the Planning Services Division regazding signage
ma be a ealed to the Plannin Commission as a'Re orts
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Responsible for
No. Conditions of Approval iVionitoring
and Recommendations' item.
3 That no building permits shall be issued until after the p]anning
effective date of the ordinance approving Reclassification
No. 2008-00216.
4 The following items must be submitted and approved: Public Works
• Any revisions to the original grading plan related to
the building pad.
o Two (2) copies of the interim soils report indicating
pad compaction and site stability.
The original and two (2) copies of a letYer of certification for
the building pads from the civil engineer, E~ibit D. E~ibit
D can be found on the following City of Anaheim website:
www.anaheun.neUdepts servc/pub works/dev svc/fg~roc.
htm
5 The owner shall submit street and landscape improvement Public Works
plans for La Palma Avenue and East Street to the Public
' Works/Development Services for review and approval and
bonds shall be posted in an amount approved by the City
Engineer and in a form approved by the City Attomey's
Office. The improvements shall be constructed prior to final
building and zoning inspections.
6 The property owner shall n-revocably offer to dedicate to the Public Works
City of Anaheim an easement 53- feet in width from the
centerline of La Palma Avenue and an easement 55- feet in
width from the centerline of East Street for road, public
utiliries and other public purposes. Comer cut-off dedication at
La Palma Avenue and East is also required. An ADA
compliant curb access ramp with truncated domes shall be
constructed at La Palma Avenue and East Sh~eet in
conformance with Public Works Standazd Detail 111-3. The
ramp shall be conshvcted prior to final building and zoning
inspections.
7 Plans shall be submitted to the Planning Services Division Planning
indicating that the car wash will be equipped wath roll-up
doors on the entrance and exit of the car wash. The doors
sbali be closed at all timas when the car wash is in operation.
Said plans shall also specifically note that the dryer shall not
operate when the doors to the carwash are open.
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Responsible for
No. Conditions of Approval 1VIonitoring
PRIOR TO FINAZ BUILDING A1VD ZONING INSPECTION
8 The owner shall improve Public Works
• La Palma Ave: bus shelter must remain in place;
proposed driveway approach sha11 be conshucted per
Public Works standard 115-B.
• East Street: Dedicate additional 10' Por an ultimate r/w
of 55'; Widen street to 35' per std. 160-A for the entire
length of the properiy; construct 5' pazl.-way and 5'
sidewalk; relocate catch basin; remove and replace
existing driveway approaches with curb and gutter per
Public Works standard 120; proposed driveway
approaches shall be constructed per Public Works
standard 115-B.
9 Applicant shall pay the City of Anaheim to provide a new public Works
City standazd bus bench. This new bus bench will be
installed by the City at the existing bus stop on La Palma
Avenue east of East Street.
10 Pnor to issuance of certificate of occupancy, the applicant public Works
shall:
• Demonstrate that all structural BMPs described in the
Project & Site Specific WQMP have been constructed
and installed in conformance with approved plans and
specifications.
• Demonstrate that the applicant is prepared to
iznplement all non-structural BMPs described in the
Project & Site Specific WQMP
• Demonstrate that an adequate number of copies of the
approved Project & Site Specific WQMP are available
onsite.
• Submit for review and approval by the City an
Operafion and Maintenance Plan for all strucrizral
BMPs.
GEIVERAL '
11 The property owner shall record an unsubordinated Planning
covenant, satisfactory to the Planning Director and City
Attorney, agreeing to remove all structures, including
underground storage taziks, in the event that the station is
closed for a period of twelve (12) consecutive months. A
service stataon shall be considered closed during any month
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itesponsible for
No. Conditions of Approval Monitoring
in which it is open for less than fifteen (1~) days.
13 Window signage sha11 not be permitted for the service station Planning
or convenience mazket. All fixtures, displays, merchandise
and other materials shall be set back a minimum of three {3)
feet from all window azeas.
13 No storage, display or sales of any merchandise or fixtures Planning
shall be permitted outside the building.
14 That the car wash shall comply with all state laws and local Planning
ordinances for Water Conservation Measures. Voluntary
water conservation strategies shall be encouraged.
15 The applicant shall maintain on file an Emergency Listing Police
Card, Form APD-281, with the Police Depazhnent.
16 The applicant shall complete a Burglary/Robbery Alazm Police
Permit application, Form APD 516, and retum it to the
Police Deparknent ppoz to initial alarm aetivation.
17 Reaz entrance doors shall be numbered with the same Police
address numbers or suite number of the business at a
minimum letter height of 4 inches.
18 That the pazking lot of these premises shall be equipped with Police
decorarive lighting of sufficient power to illuminate and
make easily discernible the appeazance and conduct of all
persons on or about the parking lot. Lighting shall be
directed; positioned and shielded in such a manner so as not
to unreasonably il l uminate the window areas of nearby
residences. Said information shall be specifically shown on
the plans submitted for building permits. Final lighting plans
• shall be submitted to the Planning Department for review
and approval.
19 That there shall be no video, electronic or coin-operated Police
games, or pool tables or other amusement devices
maintained upon the premises at any time.
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Responsible for
No. Conditions of Approval Monitoring
20 That any public telephones proposed on-site shall be located ' Police
inside the convenience mazket.
21 Final landscape plans shall be submitted to the Planning Planning
Department for review and approval. Additionally, the
queen palm trees identified on E~hibit No. 1 adjacent to the
residential property lines shall be replaced with evergreen
trees. Said irees shall be a 24 inch bo~ tree and a minimum
of 10 feet in height at the time ofplanting and shall be
spaced every 10 feet on center.
22 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City ofAnaheim by the petitioner and which plans are on file
wiYh the Planning Department marked E~ibit Nos. 1
through 8, and as conditioned herein.
23 The hours of operation shall be consistent with the letter of Planning
operation on file with the City of Anaheim Planning
Department, or other similar off=peak hours such as other
weekend days or weeknights. In addition the doors to the
convenience mazket sha11 be locked at 11 pm and can be
opened at 5 am. Any business for the convenience market
during these hours shall be conducted through the evening
transaction window.
24 That approval of this agplication constitutes approval of the Planning
proposed request only to the extent that is 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.
25 Approval of this application constitutes approval of the Planning
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 regazding any other applicable ordinance,
regulation or requirement.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declazed 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.
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. Failure to pay all chazges shall result in the revocation of the approval of this
applicarion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of Apri138, 2008. Said resolution 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.
CHAIitM~, ANAHEIM PI~.4dNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIPORIdIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planuing Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on Apri128, 2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: AGARWAL, BUFFA, ~ASTMAN, FAESSEL, ROMERO,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KARAKI
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
_~g~, 2008.
.J . „
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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General Plan Amendment No. 2008-00464
Reclassification No. 2008-00216
Conditional Use Permit No. 2008-05309
Determination of Public Convenience
or Necessity No. 2008-00040
770 North East Street
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Source: Recorded Tract Maps anNor City GIS.
Please note Ihe accuracy is +/- (WO lo five feel.
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