Resolution-PC 96-96~
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R~~OLSJTION NO. PC96-86 -
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A RESOLUTION OF TI1E ANAHEIM CITY PLANNING COMMISSION ;
7HAT PETITION FOR CONDITIONFiL. llSE PERMIT NO. 3870 SE GRANTED ~" '1 ;,~
WHEREAS, the Anaheim Clty Planning Commission dfd reae4Je a veriflec9 l~6tRion for ~:~' f~-
CondftionaE Use Permit for certaln real propercy sftuated in t~~a Ctry of Anaheim, County! of Geange, Siate ,
af Caltfomfa, dsscribed as:
THE SOUTH 200•00 FEET OF THE WEST 200.00 FEET OF TH!F. SO~;:TI;!.W~ST
~UARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWN~SHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOVdM ON !!
MAP RECORDED IN BOOK 51, PAGE 10 QF MISCEt!~4NEOUS MAPS, REC~RD~ .;
OF ORANGE COUtJN, CALIFORNIA.
WHEREAS, the Ciry Planning ~Commission dfd hdd a public hearing at the Ct/ic Ge~4er
in thc~ Ciry of Anaheim on September 16, 1996 at 1:30 p.m., notice of said public hea~ing having c'3en `J;~I> :'
gt~en as requfred by law and in accordance wfth the provisions of the Anahelm llvnicipal Co~e, rhaPter
18.03, to hear anci consider evidence for and agai^sc said P~oPo~ ~^~n~~ ~~' ~~'~ r~"d t`'
Irnestlgate and make flndings arxl racommendaY~ons in c;onnectton therewfth; and "
WHEREAS, said ~ommission, after due inspection, frnestigation rxnd st,xiy ~;~~ade 5y ftseff
and in hs behalf, and after due cons(deration of afl avid~r~ce and reports offered at said hsari ~, dt:es fi~d
and determtne the followfng facts:
t. That the pr4posed use is propedy one tar ~vhich a condftional use permft ~a authorized t,y
Anaheim Niunicipal Code Sections 16.44.050.070 and 18.44.^50.155 to construct a 1,126 sc~..t se~~e
station with a 1,000 sq.ft. convenience market.
2. That the proposed use is properly one for which g condftional use permit is authorized by
the Zoning Code;
3. That the proposed use (n~ including the sale of beer and wine) w-I not adversely affect
the adJoining tand uses and the growth and developmerd of the area tn which ft(s proposed to be ~ocated
and that said use is compatiWe wfth the surrounding commercial s~nd rasider+~~~l propertles;
4. That the size and shape of the sfte for tne proposed use is adequate to allow the fu0
d~velopment oi the proposed use in a manner not det~imental to the pardcular area nor to the peace,
health, safety and general weliare;
5. That the traffic generated by the proposed use wAI not impoae an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the proposed service
statfon and accessory ma~{cet will not craate any additio~al traffic that would negatively Impact the
surrounding neighborhood;
6. That the granting of the condftional use permft, under the condftions imposed, wGl not b~
detrimentat to th9 peace, health, safery and general welfare of the citizens o'. the i:ity of Anaheim; .
7. That no one indicated tl~eir presence a: said public hearing in opposition; and that no
correspondence was received In opposition to the subJec!. petition.
CR2742DM.WF "~" P~~
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~RLIFORNIA ENVIRONMENTAL QUAUTY ACT FlNDING Tnat the Maheim City ~Ylanning '
.^.ommissian has reviewed the proposal to construct a 1,126-square foot serv(ce staUon with a 1,OU0-square
foot cornen~a~we market 4n a rectangularly-shaped parcel of land consisting of approximately 0.47 acre, ,
located st the northeast comer of Ball Road and Brookhurst Street, having approximate frontages of 14Q .
fee: on the north side of Ball Road and 147 feet on the east side a! Broolfiurst Street, and furtt-~er :
desc~ibed as 956 South Brookhust Sueet (Shell service statfon); and does hereby approve the Negatlve
DedaraUon upon ftnding that the deciaration reflects the IndependeM Judgemant of the lead agency and
that it has considered the Negative Dedaration together with any comments received during the puWtc
review process and further finding on the basis of the IniUal study and any commerrts received that there
ts no s~bstantial evidence that the proJect wfl( ~~ave a sfgnfflcar~t eftact on the ernfronmerrt.
NOW, THEREFORE, BE IT RESOLVED that the Anahetm City Planning Commisslon
does hereby grdnt subJect PetRion for Conditional Use Pe.~rnft, upon the fdlowing condiUons which are
hereby found to be a necessary prerequisfte to the proposed use of the subject ~opery I~ order to
preserve the safery and general weifare of the Cftizens of the Cfty of Anahefm:
t. That a three (3) foat high earthen berm shafl be fnco~porat»d inf~o the landscaped plarrter areas
adjacerrt to Ball Road and Brookhurst SVeet
2. 'That plans shall be submitted to the Zoning Diviston for revlew and approval showing matching
shingla rooflng materials for the pump Island canopy, storage str~cture, ar~ the new senrice
statlon building.
3. That the proposed fifty sbc (56) sq.ft. monumern sign shail not exceed seven (~ feet in hefght as
measured nom the grade Ievei of the nearest pub~fc sidewalk.
4. That the relocated air/water unR wfthin the landscaped setback area adJacent to Ball Road shall
be screened trom the view of the public rights-of-way by shrubs which shall be planted, irrigated
arsd permanenUy maintained in this area.
5. That any public telephonas proposed on-sfte shall be located Inside Lhe comrenience market or
~djaceM to the bufiding wall and located no further than fHteen (15) feet from the maln entry to
the cornenience market.
6. Thai n~ sales of any alcohdic beverages shall occur from the subJect location unless soecNic.:llly
granted by the readvert(sement and re-approval of subject Conditional Use Pertnit.No. 3870 to
Indude such salo or by the approval of a separate conditlonal use poRnft authori~ing such sale.
7. That slgnage for subject facUiry shall be limited to the slgnage shown on the exhtbfts submfttec! by
the petftlQner and approved by the Planning Commtsslon. My addftlonal slgnage shall be subject
to approval by the Planning Commisslon as a'Reports ar~ Recommendattons' ftem.
8. That plans shall be subrnltted to the Ciy Tmffic and Transportatlon Manager for his revlew and
approval showing coMormance wfth the most current verslons of Englneerfng Standard Plan ~Vos.
436 and 602 pertalning to parking standards and drNeway locatlon. SubJect property shatl
thereupon be developed and malntalned tn coMom~ance wfth sald plans.
9. That all dfireways shall be reconstructed to accommodate ten (10) feot radl~~ curb retums In
conformance with Englnee~ing Department Standard No. 137 (I.e., maxlmt;m thlrty (30] foot
drlvsway w(dth).
10. That an on-site trash truck turn around area shall ae prrn9ded 1~ accordance with Englnee~InS ~
Standard Detafl No. 690 and as required by the DepartmerK of Mairrtenance.
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1 t. That plans shali be submitterJ to Uie City Trafflc and Transportatlon Manager for hIs review arsd
apprwai showing cortformance with Engineering Standarcl Nu. t37 perta~ning to sight dfstance
visibAity for the sign location.
,:. ~.'2. That the devefoper sha~i svbmit evidence to the PuWic Worfcs DeparimeM. De~eloPmeM Se~
_- Oivision, that 4he site is a legal parcel of record as de ~ned by the SubdNision MaP Ad if the stte
is nnt a legal parcel, the deve:oper shall subrnit a Certfficate of Compilance tor review and
, approval by the City Engineer.
13, That the developer shail submft a Water ~uality ManagemeM Plan ('N~MP) specfHcaliy IdentNying
the best management practices that wiil be used on-sRe to c~ntrd predictable pollutar~ts f~om
starmwater runoff. The W~!u1P shall be submitted to the Publfc Works Department, DovelopmerK
~ Services Div(sion, for review an~ approval.
14. That a fee shall be paid for sewer capaciry mftigation, fur the~ South Brookhurst Corridor a~ea
15. That the owner of subject Froperty shal~ submft a letter requesting termfnation of Condftlona~ Use
Permit No. 2834 (to permft a food mart with off-Premises sale and c~nsumption of beer and wine
!~ conjunction with a self-serve serv~ce station with waNer af minimum structural setback) arxl
Va~lance No. 27rse (waNer of permitted uses to permft an unlawfu~ly eatablished Qhoto kioslc on a
service statlon site) to the Zoning Division.
16, That subJect proper.y shall be developed substa~tially in accordance with ~Ians and spe~iHcations
submftted to the City of Anaheim by the petft(oner and wh(ch plans are on fAe wRh the Planning
DepartmAnt mari'ed Exhibft Nos. 1 through 12.
17. That prior ta commencement af tne activfry suthorized by this resdutlon, or prlor to Issuance d a
buCding permft, or wfthin a pe~iod of one (1) year f~om the date of thls resolut(on~ wh~he~+er
occurs flrst, Condftion Nos. 2, 8, 11, 12, 13, 14, t5, 20 and 21, herein-mer~tlor~ed, shall be
complied wfth. Extensions for fiurther time to complete said condft~o~s maY be OraMe~ ~n
accorclance wfth Section 18.03.090 of the Anaheim Municipal Code.
18. That prior to the commencement of the actNtty authorized by this resolutlon or prior to flnal
building and zoning Inspectlons, whichever occurs flrst, Corxiftian Nos. 1, 3, 4, 5, 7, 8, 10 and 16,
above-rnentioned, shafl be complied wfth•
19. That aPproval of this application constftutes approval of the proposed request only to the exter~t
that ft complies whh the Anahelm Mun(cipal Zon(ng Code and any other appl~able Ciry, State and
Federal regulations. Approvat does not tndude any action or ftndings as to compliance or
approvai of the request regarding any other ap~licabie ~rdinance, regulation or requiremerd.
2U. That dur(ng business hours of sub~ect faciUty, separate men's and women's restrooms shat~ be
' available to the puWic, and shall be property supplied and maintained• Said (acpfties sFwll be
' speciflrally shown on the plans submitted for buUding permtts•
21. That, In compliance with Section 18.44.050.070 of the Anaheim Municipal Code, the propcrty
awner shall record an unsubordinacted covenarrt. ~atisfaccory to the PlanNng Director and the
City Attomey, agreeing to remove all structures, Indudtng underground storage tanks, in the event
that the servlce station Is dosed tor a period of tweNe (12) consecutNo months. A service statlon
shail be considereci dosed during any month in which h ls open tor less than fiiteen (15) days.
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BE IT FURTHER RESOLVED that the Anaheim City Plannfng Commission does hereby
flnd and determine that adoption of zh(s Resolution fs expressly predicated upon applicant's compliance
with each and a!I of the cond'Rions hereinabove set foRh. Should any such condftion, or any part
thereof, be declared invalid or unenforceabte by the flnal judgment ~f any court of competent
Ju~isdlction, then this Resolutlon, arxl any approvals i~erein contained, shail be deemed null and void.
THE FOREGOING RFSOUITION was ado at the Planning Commisston ~neeting of
September 16, 1996.
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CHAIRMAN ANAHEIM ITY PLANNING COMMISSI~DtJ
ATTEST:
~~ Q.nl}A.I~ulu~ ~ft,~-6
SECRETARY, AHEIM GlTY PLANNING COMMISSION
--STATE OF CAUFURNIA )
~ COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorto, Sscretary of tha Anaheim City Planning Commission, do hereby
certffy that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim Ciry
Planning Commission he~d on September 16, 1996, bY the following vote of the members thereof:
P.YES: COMMISSIONERS: BOS'iWICK, BOYDSTUN, @RISTOL, HENNINGER, Mi;YER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS Wi~EREOF, I have hereunto set my hand this ~~day of ~_.
1996. .
SECRETA , ANAHEIM CITY PLANNING COMMISSION
~ PC96-96