Resolution-PC 96-83~.~, ~
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RESOIUTION N0. PC96-83
A RESOLUTION OF THE ANAHEIM CITY PLAtJNING COMMISSION
AMENDIN~ CERTAIN CANDITIONS OF APPROVAL OF
RESOLUTION NO. PC95-13 ADQPTED {N CONNECTION WITH
CONOITIOMAL USE PEFiNiIT NO. 3711
WHEREAS, on February 6, 1995, the PlanninS Gommiss(on adopted Resdution No. Pq5-13,
approving Condftlonal Use Permft No. 3711, in part, to establish a service stati~n, an accessory cornenlence
mar{cet with off-premises sale and consumption of beer and wfnd, and a drNe-through rsstaurant wRh two
fast food tenants, wfth waivers of permitted wail signs, minimum number of parking spaces, minfmum
se4back i~om an arterial highways and requirod ImprovemeM of setback area.
WF#EREAS, subJect property is developed with a servk:e station located in Development Area 5
"Commercial Area' of Speciflc Plan No. 94-1 'Northeast SpecHic Plan.'
WHERE~S, the pet~bner has submitted rev~sed plans that propose to demdish the existing
service statlon and accessory restaurant arxl to, construct a 2,553 sq.ft. automobpo service station with
prepared food, off-premises s21e arxl consumptii:n of beer and wine in an accesscxy corneniencs market
and ~n automated car wash, with waivers of the fdlowing:
(a) Sectfons 18.05.091.02Q - ~rmitted wall s(ans.
18.84.Q62.040 (Qn~ wall sign permitted per tenarrt/t~se;
18110.100.U30.0304 ~p to ~ Wa~~ signs per tenant/use proposed)
and 16.110.1 U0.120
(b) ~ections 18.06.OEi0 - Minimum number of oarkina soaces.
end 18110.100.110
~~~ SPr.tinnc tA:art,os2,014 - Rec~uired imorovemerrt of setback area$.
and 18.910.100.060•094
WHEREAS, the City Planning Commisslon did hold a publ~ hearing at the Ch~(c CeMer in the
Ciry of Anahefm on July 8, 1996, at 1:30 p.m., notice of said publ{c hearing havtng been duly given as
required by taw and in ac~ordance with the provisions of the Anaheim Munirlnsi Code, Chapter 18.03, to
hear and conskJer evidence for arxl against said proposed amendment ar~:!:;~~ irnestfgate and make
8ndings and recommendations in connection therewith; and that said public hearing was continued to the
August 3 and September 4, 1996 Planning Commission mee2ings;
WHEREAS, said Commission, after due Inspection, Imrestigatlon and study made by Rsetf and
in its behalf, and after due consfderatton of ~ll evidence arxi reports offered at said hea~ing, does Hnd and
detem'iine the fdlo~.ving facts:
1. That waNer (a) is hereby approved~ tn P~n~ Permitt~~9 one ~~ ~~n for the food mart, one
watl sign for the car wash faciiity and three iogo signs for the car~oPY~ because the proposed car wash
wall sign on the east buUding elevation ft Is unnecessary since the car wash is effectNely advertised on
the existing GO-foot high pole sign at the comer af La Palma Avenue and !mperial Highway;
2. That ther~a aro speciai cir~umstances ap~licab~e to the property consisU~9 af its ~ocation and
surrot~nd(ngs, which do not apply to other kJer~tically zoned properties in the viciniry;
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3. That sMct appliqtion af the Zo~ing Code der-rives the property of PrN?IeSes enJoyed by
other properties under kientica{ zoning dassfficatlon in the viciniry;
4. That waNers (b) arxi (c), pertalning to minfmum number oF parkln9 spacss and requlred
Improvemert of setback areas, are hereby denied becau~ said watvecs were deleter! when the petftioner
submitted revised plans;
5. That the proposed uses are condYionally pertnitted ~n ~evelopmer~t Area 5 of the NoRheast
Area Speciflc Plan (SP94-1); and that said uses are compatible with ths surrounding commercial retail
uses (n the Immediate area; a:id
6. That no one ~Indk,ated their presence at said puWk hearing in oppos~4lorr snd tha+t no
correspondence was receNed tn opposftion to the subject petftion.
ALIF RNIA EtdVIR NMFNTAL ~~JALITY ACf FINDIPIG: That tho Anaheim City~ Ptanning
Commisston has revlewed the proposal and does h~ereby Ond that the NegatNe Declaration ~,+reviously
approved in connection wich Cor~diUona~ Use PeRnft No. 3711 Is adequate to serve as the required
ernironmentel documerrtatbn in connection with this request upon flrxiing that the dedaration reflects the
independeM Judgement of the lead agency and that ft has considered the ~rev~ously approved Negative
Declaration together with any comments receNed during the public review process and further flnding on
the basis of the inftial study and any camments receNed that there is no substantial evidence that the
proJect wAI have a signiflcant effect on the ernironmeM.
NOW, THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commission does
hereby amend Resolutlon No. PC:95-13, adopted In connection wiih Condftbnal Use Permft No. 3711, to
construct a 2,553 sq•ft• autamobiie service statfon with prepared food, aff-premtses sale and consumption
of beer and wirie in an accessory convenfence market and an sutomated car wash, wfth waiver af:
Sections 18.05.091.U20 - f~ermitted wall sians.
18.84.062.040 ~Qn@ wall sign permitted per tenaM/use :
18110.100.030.0304 up to _iLvg wali signs per tenant/use proposed)
arxl 18.11 ^.100.120
AP1D BE IT FURTHER RESOLVED THAT the condftions of approvai o~iginally adopted in
connection wfth Resolution No. Pq5-13 are hereby amendsd in their enUrery:
1. That the app!icant shall obtain an encroachment permit from Caltrans to construct a sidewalk siong
imperial Highway. The sidewalk shall be constructed prior to Hnal buUding and zoning inspection.
2. That a plan sheet for solid waste siorage and coilection and a plan for recyding shall be submitted
to the DepartmeM of Mairrtenance for review and apProval•
3. That for the puepose nf obtainfng fut~re Speciai Events Permfts, subject facniry shall be conskfered
as one (1) business.
4. Perm N~ 128 (pem'~itting a restau~Ml inuconjunction wfth serv(ce statio and wa~of trhe tlme
limitation for IlgMed signs) and 1525 (permltting on-premises sale and consumPtian d beer and wine
in an existinQ restauraM) to the Zoning DNision.
5. That the fdlowing condiUon~ shall be comP~led w~ltth as requlred by the dlrsaheim Pd~e Departmerrt:
a. The sales of alcohol~ beverages shall be p4rmftted oniy between the hours d 8:00 a.m. and 2:00
a.m. (Section.23801 Business and Frofess(ons Code).
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b. sates of all retail sales during anytwei e(12~Imonth Feriodt The ppiicAf rrt shali maintain~reco ds
on a quarteriy basis indicating the separate amounts of sales of ~COh o~f Anaheimeofflcial when
items. These records shail be made availa~le for inspection by any City
requested. (Section 18.87.023.020c Anaheim Municipa! Code).
c. No achrertfsing of beer or wine shal! be located, placed or attached to any location outside the
interior of the buUding; and any such advertising shall not be vis~ble to anyone outside the
building. (Section 18.87.023.020fl Anaheim Municipal Code.)
d. No alcohdic beverages shall be consumed on any properry under the contrd of the appl~cant
(Section 23801 Business and Professions Code).
e. The parking lot of the premise.~ shall be equiPPed wfth IigMfng o# sufflcieM power to illuminate
anci make easily discemible the appearance and cond~ci of al~ Pars°ns on or about the parking
lot (Section 23801 Business and Professions Cade).
f. The lighting tn ihe park~ng area of the Qremises shall be directed, posftioned and shielded in such
a marnier so as not to unreasonably illuminate the window area of nearby residences. (Sectton
23801 Business and Professions Code).
g. The applicant si~all be respansible for maiMainin9 a Iftter ftee area adJaceM to the premise~ over
which he/she has contrd. (Section 23801 Business and Frofess~o~s Code).
h. No poo~ tables or co(n-operated games shall be mafMained upon the premises at any time.
(Section 18.87.023.020g Anaheim Municipal Code.)
~ public e tyrancebtorthe building. II(Sectio~n 18.87.023.020d Anah~eim Munitcifpal Code) f~ ~ any
The area of beer or wine displays sha~~ not exceed twentY flve percent (25%) of the total display
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area in a building. (Section 18.87.0~.3.O20e Anaheim Municipal Code)•
k. The sale of alcohdic beveragos shall be made to customers only when the customer is inside
the building. (Section 28.887.023.0201 Anaheim Municipal Code)•
I. No person under twenty one (21) years of age sha~l sell o! be permitted to sell any beer or wine.
18.87.023.020j Anaheim Munfcipal Code).
6. That subJect properry shali be developed substantially in accordance with plans and specfflcations
submftted to the City of Maheim by the Qetftloner and whtch plans aro on fiie with the Planning
Department marked Revision No. 3 of Exhibft Plo. 1 and Revision No. 2 of Exhibit Nos. 2 through 6;
provided, however, that sigrage shall be Iimfted to one (1) wall slgn for the food mart, (1) one wall
sign for the car was~h tacUfty and three (3) logo signs on tha canopy.
7. That prior to issuance of a buGding permit or withfn a period of one (1) Yea~ fro~n ~ d~te ot this
resolutlon~ whlchever occurs flrst, Cor~dftbr~ Nos. 1, 2 and 4, above-me ~iro~n~ ~i ~c ordancros~with
wfth. Extensions for further time to c~mplete said conditions may b~ 9
Section i 8.03.090 of the Anaheim Municipal Code.
g, That prior to flnal buliding and zoning inspections~ C,ondft~on No. 6, above-merrt~o~ed~ gha~! be
complied with.
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9. That approval of this appl~c6tion constftutes approval of tho proposed request only to the extent tnat
it complies wfth the Anaheim Municipal Zoning Code and any other appiicable City, State and Federal
regufations. Approval does not tnclude any action or findings as to complfance or approval of the
request regarding any other applicable ordinance, regulation at requlreme~t.
10. That there shall be no seating area and no standfng coi:nter areas for the consumpt?an of food.
11. 7hat there shall be no outdoor audlo advertising of thr~ sale of beer and wine.
i2. That separa?' men'~ and women's restrooms shall be maintained and shali be open and avaiiabie to
customers at all times.
13. That any public telephones outside the building shail be la;ated wfthin fitteen (75) fec3t af the buildmg
entrance and placed ors the wa~~ of the building.
14. That no advertising shall be permitted ore the propane tank other tt~an that wh(ct~ is requlred by law.
15. That the landscaping sha11 be properly and permanenUy maintained so as to provide effectNe visual
screening of the op~n end af the carwash tunnel.
THE FOREGOING FIESO~UTION was adopted he Pla ing Commission meeting of
August 19, 1996.
CYAIRMAN, ANAFIEIM PLANNING CQMMISSION
ATTEST:
W ~~ ~ ,
SECR~E"T RA, Y, AN EIM CITY PLANNING COMMISSIOI~
STATE ~DF CAUFORNIA )
COUNTY Or ORANGE ) ss.
CITY OF ANAH~IM )
I, Margarita Sdorio, Secretary of the Anaheim City Planning Commission, do hereby certffy
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ci ,ry Planning
Con~mission held on August 19, 1996, by the foitowing vote of the members thereof:
AYES: COMMISSIONEFd~: BOSIWICK, BOYDSTUN, BRiSTOL, HENNINGER, MAYER, MESSE
tJ~ES: COMMISSIONERS: NONE
A@SENT: COMN!lSSIONERS: PEfiAZA
IN WITNESS WHEREOF, ! hava hereunto set my hsnd this _~~~day of '
1996. ~ ,
SECRET/~RY, AN EIM CITY PlANNING COMMISSION
,~ PC96-83