Resolution-PC 94-156RESOLLITION NO. PC94-156
A RESOL~JTtOni pF THE ANAHEIM CITY PUINNING COMMISSIO~f
THAT PEFITION F4~i CQNQITIONAI. USE PERh11T NO. 3710 BE GRANTFD, IN PART
WHEREkS, she Anahofm City Planning Commission ciid rocoive a verified Petftlun for
Conditlonal Use Permit for nvrtafn real property sltuated in 4he City af Anaheim, County of Orange, StAte
of Caiifornfa, describod 2s:
F'ARCEL A: TNAT tY'iRTION OF LOT 20 IN BLpCK K OF THE KRAF.MER TRAC7,
IN THE CITY OF A5~lAHEIM, COUN7Y OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 12 PAG~S $7 AND 88 OF MISCELLANEOUS
RF.COFiDS, IN TNE OFFICE OF THE COUNTY RECOROEA OF LqS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGiNNING A'~ A POINT ON THE NORTH LINE OF SAID L07 20 SOUTH 73
DEG. 32' 00"'Nt~S7 253.U0 FEEf FROM THE SGUTHWEST CORNER OF LOT 15
IN SAID BLQC6C Y:; THENCE NOIiTH 73 DEG. 32' 00" EAST 7B.34 FEE7;1'HEWCr
SOUTH ~E pEG. ?_8' oo° EAST 20.00 FEET; THENCE SOUTH 89 DEG. a~' 03"
EAST 104.nq FEET; THENCE SOUTH 60 DEG. 13' 15" EAST 27.6G FE~'f TO A
POINT Ot~i' A NONTANGENT CURVE CONCAVE NORTHEA57tRLY HAVING A
RADIIJS OF 2201.89 FE~r, A RADIAL TO SAID CURVE AT ~Ald POIM7 BEARS
SOUTH 75 DEG. 4~' 50" WEST, THENCE SOU7HERLY 183.07 FEE? ALO~G SAID
CURVE 'f0 THF SOUTH LINE OF THE NORTH 253.~0 FEET Q(= SAID LOT 20;
7HEfJCE $OUTH 73 DEG. 32' UO" WEST 1~8.08 FEET AI.QNG SAID SOUTH LINE
TO A UNE BF~RING SOUTH i6 DEG. 25' 30" EABT FROM THE POINT OF
BEGINNING; TNEPJCE NORTN 16 DEG. 25' 30" WE~T 253.00 FtEf' TO 1'HE
POINT 0~ ~EGINNIMG.
EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE NORTH 53.00 FEET
OF SAID LOT 20.
PARCEL B: 7HAT POR?ION OF LOT 20 IN BLOCK K OF THE KRAEMER TRACT,
IN THE COUNTY OF ORANGE, STATE OF CA[.IFORNIA, AS PER MAP
RECORQED IN Ei00K 12 I'AGES 87 AND 88 OF MISCELLANEOUB RECORDS,
IN THE OFFICE OF 7HE COUNTI' RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF 3AID LOT 20 SOUTH 73
DEG. 32' ~0" WEST 253.00 FROM THE SOUTHWEST CORNER OF LOT 15 IN
SAID BLOCK K; THENCE NORTH 73 DEG. 32' 00" EAST 78.3A FEET; THENC[
SOUTH 16 DEa. 28' 00" EAST 20.00 FEET; TNENCE SOUTH 89 DEG. 4ti' 03"
EAS7 10'.40 FEET; 7FIENCE SOUTH 60 DEG. 13' 15" EAST 4.15 FEET TO TtiF
uOUTH LINE OF THE NORTH 53.00 FEET OF SAID LOT 20; THENCE SOUTH 73
DEG. 32' 00" NlEST 'i81,25 FEET ALONG SAID SOUTH LINE 70 A IINE BI:ARING
S~:UTH 16 CEG. 25' 3Q" EAST FROM 1'HE POIPJT OF BEGINNING; THENCE
NOFlTH 16 DEG. 25' ~0" WEST 53.U0 FEET TO Ti-I~ POINT OF f3EGINNING.
CR225QMS.WP -1- PC94-156
WHFREAu, the C1ty Planning Commissian did hold a piablio hearing at the Civlc Conter
in tho City of Anahoim on August 22, 1994 at 1:30 p.m., notice ot sald public hearing having been duly
given as roquired by law and In accordance with the provlsfons of tho Anaheim Municipal Coda, Chapter
18.q3, to hear and consider evidence for and aga(nst said proposed conditional use permtt and to
Im~estigate and make findings end recommendations in connection therewfth; and that sald public hearing
was contlnued to the September 7, nctobor 31, Novembor 14 and November 30, 1994 Planning
Commissian meetings; and
WHEHEAS, safd Commission, aiter due inspection, investigation and stu~iy made by itself
and In its bQhalf, and after duo consideratlon ot all evidence and rep~rts oHered at sald hearing, doas find
and determine the folluwing tacts:
t. That tho proposed use Is ~roporiy one for which a conditional use permit Is suthor(zed by
F~nahc~im Munici~+al Codo Sections 18.61.050.6T.0 and 16.03.030.010 to permit an automotive service station
with an accossory automated car wash, a convenionce market with the sale of beer and wine tor off-
pren~fse consumption, and a drive•through restaurant with two (2) fast-tood tenants end no seating with
the following waivers:
(a) ti n 18.04.060.019
~,~ 1 f3.87.030.072
(b) Soctian° 18.05.093.023
18.05~4Q@
~nd 18.61.067
(~1 ~1~sS?~.Q~~1.
1~.05.0$$
n 1 ,61 •087
(d) ,~ctio,~~18•.Q6.050.0222
~. •~4a~U~~
1 H.06.0~0,023
80
18
, .
and 18 61.06ti.0;~
(el $4.~~~~7Q~Q2~!
,~nd 18.61.066
- M(nlmum ~ands~aQe re uirement~.
- Parmitted location Of freestandina_sl_a~•
. Min(mum distance betweer~it@~SI4~L~~•
- I ~im tn ~~~mbQr of ~.r_kina~~•
• M~nimum drive•ih~quah lane raatl~~~•
2. Thnt fnltovrtng public notfficatfon, tho petitioner aubmitted rovised plans deleting the
c~ccessory automated car wash ~nd deletinfl all the walvors;
3. That waivors (a), (b), (c), (d) and (d) are hereby donied on the basis that they were
deletoci toliowing publfc noti(ication;
4. That subJect use permit is hereby appraved, in pari, permitting an automotive seNfce
st~tion, 3 convenie~ce mnrket wiih the sale oi beer and wlne for otf•premises consumptiqn, and a d~tve-
through restaurant with two (2) tast•tood tenants and no saating;
5, T;~at the nraposad u~ses are properiy onea for which a conclitlonal uso permit is
authorfzed by the Zoning Code;
,2_ Pr94-156
G. 7hat the praposed uses, as granted, will not adversely eHoct the adjoinin~ land uses
ancl tlie ~rowtFi and deve~opment of the aroa in wliich the usEas are proposed to be located bocause sald
uses are comratible with the surrounding industrlal nei47hborhood and wlll not negatlvely impact tl~a aroa,
ancl that tfie proposed s~rvice station and the accossory uses will functlan on subJect propeny without
impacting the neic~hboring propertles ur the traffic on La Palma Avenue and Kraemer Buulevard;
7. T'hat tiiQ sfze and :,hape of the site for tho proposed uses Is adequate to aenw the full
develc,~rnc~nt u( the pro~~oseci use in a manner not dotrimontal to the partfcular area nor to the peace,
healtl ~, satory, and general Nrelfare;
0. That thQ traffic ganerated by tho proposed uses will not Imposo an unduo burden upan
iha streel$ and hic~hways deslgned and improved to carry the traffic In the area;
9. That the granting of the conditional use permit under the conditions Imposed will not
be detrimental to the peace, hoalth, safety and ~}eneral wel(are of the citizens of tho City of Aii:~heim; and
ihat Police Department rocommandations for the proposeci beor and wine sales have been incorporat~d
Into tlie conditions to onsure that the proposecl alcohul sales do not negatively impact the surrounding
area; and
10. That ane porson fndicated his prasence at the ~ublic hearing in favor; that a petition
with five hundrad seventy (570) slflnaturos in favor wae submitted; and that n~ correspondenc~ was
receiveci in opposition to the subJect petitlon.
~FORNIA FNVIRONMENTAL QIJALITY ~1CT FI OIN : That tfio Anahoim City
Pl~nninc~ Commission has raviewed the proposal to reclassify subject property irom the R~-A-43,000
(Resicferitia~, Agricultural) Zone to ttio ML (Limited, Industr(al) Zone to permit an automotfve sorvice station
with an accc~ssory automated car wash (dgleted), a conveniance market with the sale of beer and win~
for ol1•premise consurr~ption, and a drive•through restaurant with two (2) tast•food tPn~nts and no ssating
ancf with wa!vers (deletoc!) of minimum landscape requiroments, permitted location of freestandinc~ sfgns,
minimum cSistanca between troest~nding signs, minimum number of parking spacos and minimum drive-
throu~li lane requlromwnts on a rectangularlyshaped lot consist!ng of approximately 0.76 acro located at
the southwest corner of La Palma Avenue and Kraemer F3outevard, having approxfmate frontages uf t98
toet on the south side of La Palma Avenue and 200 test on the west side uf Kraemor 6oulevard, and
(urther clescrlbed ns 3080 East La Palma Avenue (Toxaco Service Statlon); and does hereby approve the
No~ative Declaration upon 11nc11ng that tho cRCtaratlo~ re(IECts the indapendent Judgement ot the lead
agency and tfiat it has considerod the Negative Declaration toge~her wfth any comments recefved duriny
the r~ublic review pracess and further finding on the basis of the (nitial study and any commonts received
that thero is no substantlal evidence that the project will hava a signfficant etfoct on the environmont.
NOW, 7HEREFORE, BE IT RESOI.VED that the Anaheim City Planning Commission
~oes hereby flrant s~bject Petition tor Conditional Use Permit, in part, upon the follow{ng conditions tiNhlcli
are her~~by found ta be a necc~ssary praroquisite to the proposed use of tho subJect property (n order to
presern~ tlie saFety and general ~velfare of thQ Cltizons oF the Clty uf Anaheim:
1. 7f~at pri~r to issuar.co of a building pennit for any drive-through facilfty, the pro~osed drive•tlvough
lane slialt be revlewed and approvod by the City Tr~ffic arid Transportation Managor.
2. Th~t fa~t food customer tabies and chairs shall n~c t be pQrmitted.
3. That a m:nimum of twenty tour (2A) on•site parking spaces shall be provided and mafntaineci. Said
parking space~ shall be sho~Nn on the plans submitted for building permits.
4. That a plan sheet tor solid waste storage and collection and a plan tor recyr,ling shall bg submitted
to the Department of Maintenanco for review and approval.
.3. PC94 • 156
5. That ari on-site trash truck turn-around area sl~all be provided nnd maintained to the satisfaction of
the Dopar4ment of Malntenanco. Said turn•around area shall be specitically shown on plans
submiited tor building pormits.
6. That plans ~hall ba submitted to the City Traf(ic and 7ranspartation Manager for his review and
appruval showing con(ormance with the latest revisions of Engineering Standard Plan Nos. 436 and
G02 pertaining to park(np standards and drfvoway locatiuns. Subject property sh11f bo developc~d
and maintained in conformance with sald plans.
7. That ~II driveways shall be reconstructed to accommodate ten (10) faot radlus curb returns In
conformance with Engineering Department Standard No. 137.
8. That the signage tor subJect facility shall be Iimlted to what is shown on tha approved oxhibits.
9. That this Conditiona~ Use Permit is granted subject to adoptlnn of a zoning ordinanc~ in connection
with Raclassificatfon No. 9h-95-S, now per.ding.
t0. Th~t subject property shall be developed substantlally in accordance with plans and spocificatfons
submitted to the City ot Anaheim by the petition~r and which plans aro on file with the Planning
Department markeci Rovislon No. 2 ot Exhibit Nos, 1 and 2, and Exhibit Nos. 3 and 4.
I t. 'fhat no aicoholic beverages, o~ beer cr wine, shatl bQ sold, (urnishecl, or deliverod via a drive-up
winrJow.
12. That tl~e sales of alcoholic baveragss shall be permitted only between the hours of 9:Q0 a.m. and
11:00 p.m. on weakoays and from 9:00 a.m. untll 1:00 a.m. on weeken~s.
13. 7hat the quarterly gross sales of alcohol(c bevorages shall not e.cceed ten percent (10°b) of !t~e
c~ross sales of food or other commodities during the same per(cxl.
t4. That thare shall be no exterlor adve~tlsing af any kir~d or typo, including ndvertisinc~ directed to the
exterior from inside any building, promoting or 4idicating tho availabflity of alcoholic beverages.
t5. That no alcoholic b~verages shall be consumed on Any proporty adjacent to the Iicensed premisos
unr.i~r tho r,ontrol of the Ucensee.
iG. Tfiat tlie parking lot of the premfses shal{ be equlpped with Iighting of sufiicfent power lo Illuminate
and make easily discernible the a~pearance and conduct of all persons un or about the parkfnq lot.
t 7. That the lighting in the parkfng area ot ihe premises stiall bR diroctod, pusltfoned and shleldec; in
such a mannor sa as not to unreasonably illuminate tha window area oi nearby businesses.
S 4. That there shall be no co(n-operated gamos mainta(ned upon the premises at any time.
t9. That, if proposed, wine cooters shsll be sold fn quantitles of a four (4) pack or more.
20. That signs shall be prominently pasted at the wine starago area and the cash register area readinc~:
~~Wine coolers may be purchasod on this premises only in quantities of a four (4) pack or mor~."
21. Tliat beer shall be sold in quantities of e s!x (~) pack or more.
22. 1 hat signs shall be prom(nently pnsted at the wine storage area and the cash ragistar area reading;
"Beer may be purchasod on this premises only in quan!itles oF a six (6) pack ur more."
~. PC9A•156
23. That there shall be no co~n•operated t~lephonos mafntalned upon or adJacent to tho building ~t any
time. Such toleptiones shail remain at the southeast portion of the property.
?4. That no beer and/or wine shall be offered for ealo from, or stored (n, refric~erated coolars.
25. Tli~it the property owner shall pay tor m~nthly Codo Enforcement Inspections, ~f deemed necessary
by Code Enforcement staff.
26. That prior to issuance of a building permit or within a period of on~ (1) ye~r from the dote of this
rosoiutian, whichever occu!s i(rst, Conditlon Nos. 1, 3, 4, 5, 6 and 9, above•mentioneci, shall be
corriplied with. Extensf~ns for further tlme to complete sald conditlons may be grAnted fn
accordancR with ~ection 18.03.090 of tho Anaheim Munfcipai Code.
27. That pri~r to final building and zonin~ inspections, Condition N~s. 7, 10, 16 and 17,
abovo•mc~ntioned, shall be complfed with.
28. Tliat Approv~l ot tlds appllcation constitutes approval af the proposed request only to the extent that
it complies wfth the Anaheim D4unicipal ~uning Codo and any othor applicable C?ty, State and
Federal regulatlons. Approval does not inciude any action or findings As to compliance or Approvet
of the request ro~arding any other applicable ordlnance, regul~tlon or r3qufrement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commfs3ion doas horeby
find and determine that adoptien oi thia Resolutlon Is expressly predicated upon applicant's compllance
with each and all of the condiNcns here(nabovd set forth. Should any such conditlon, or any part thereof,
bQ declared invalid or uneniorceable by the final Judgment of any court of compe!ent jurisdiction, then this
Resolution, and any approvals I~ereln contafned, shall be deemed null and eoid.
1'HE FOREGOING RE50LUTION was adoptEx; ~! the Planning Comrnisslon meetfn~ of
Novomber 30, 1994.
--~--~•'~~-_~!~~-G~'v~`"'" +1.%
CHAIRINQMAN ANAHEIM CITY PUINNING COA4MISSION
ATTEST:
~ ~(~J ~
SECRETAR~ , ANA IM CITY PLANNI~It~+ CUMMISSION
STATE OF CALIFORNIA )
COUNTY OF nRANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorfo, Secretary of the Anaheim City plannfnc~ Commissfon, do hQreby certi(y
tliat the forec~oing resolutiun was passed and adopt~d at a meeting of the llnaheim City Planning
Comrr~ission hetd on November 30, 1~-94, by the following vote of tlie members thereof:
AYES: COMMISSIONERS: BOY!]STUN, CALDWELL, HENNINGFR, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NUNE
ABSENT: COMMISSIONEAS:7AIT
IN WITNESS WHEREOF, I have hereu~~to set my h3nd this 1,~, day of
~~~~, ~ s~a. ~ ,
` ~ ` ~.
SECRE7 Y,(~ AH CiTI' PLANNING COMMISSIaN
~
-5• PC94-156