Resolution-PC 97-35~ ~.
RESOLUTION NO. PC97-35
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMiSS10N
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3915 BE GRANTED, IN FART
WHEREAS, :he Anahefm Ciry Planning Commission ~kl receNe a veriHed Petftion for
Conditional Use Pem'~ft for certa~n real properry situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
PARCEL 2, IN THE CITY OF ANAHEIh1, CG'~UNTY OF ORANGE, STATE OF
ItJA7HE OFFI~CE OF THE COUNTY RECORDER 1F SAID COUNT'Y.RCEL MAPS
WHEREAS, the Ciry Planning Commission did hdd a public hea~ing at the CNic Center
in the CYry of Anahefm on March 17, 1997 at 1:3U P•m•~ notice of said public hearing having been duly
given as required by law and In accordance wfth the provisions of~ th s~ +o~~ o~ ~uP~ ~~8~ a~ t`~r
18.03, to hear and consider evidence for and against said Q Po
wassc~ontinued to the March 31,~1997 PlanningttCommission meetinge ~ h; and that said public hearing
WHEREAS, said (:ommission, after due inspection, irnestigation and study rr~ade by itseif
and in fts behaif, and atter due consideration of ail evidence and reports offerod at said hearing, d~es flnd
and deteRnine the following facts:
1. That the proposed use is properly one for which a condftional use permft ~s~ an ~edin9
Anaheim Municipal Code Sections 18.61.050.055, 18•61.050.060 and 18.87.023.020 to expa
service statio~, including an accessory corneniencs marlcet, fast food serv~e~ retau sale of bear and w~ne
for off-premises censumption, and construction of a new drive-through, self-serve car wash, and waNers
of the following:
(a) Sections 18 04•06Q.Q~Q - Minimum oark~nG ~ot lands oina.
18.06.03U_04Q
and 18•61.066.0•30
(b) Sec!lons ~8.05.09~0?3 - Permitted ~^~'ation of free~ranciina sfan~.
18.05.09~
and 18•61 •067
~ e tions 18.05.(143,0231 Minimum di~ra~rw bqtween freestandina sin~.
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1$•05•09~
and 1~~~
Minimum la~~apina adjarant to interi~
(d) Sections 18 61.Ofa9~4 ' oro~~.
and 18 87 030.072
(8 trees required on max~mum 20-foot centers abutting the wes
property Ilne; 8 trees proposed on varying centers)
2. That walvers (a), (b) and
fdlowing public notffication;
CR2862DM
(c) are hereby denied on the basis ttat they were deleted
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PC97-35
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3. That waNer (d), minimum landscaptng adjacent to an interior propercy Iine, is hereby
approved on the basis that thera are spectal cfrcumstances applicable to the property consisting of fts
location and surroundings, which do not appiy to other ideMically zoned propertie line ~mcin ~~use
the plans indlcate that the eigM trees proposed adJacertt to'i~he ~ th ~~ore the petitioner is not able
however, the proposed car wash tunnel abuts sa~d P~aPenY
';~ plant the requisfte trees on minimum 20-foot centers withouc nagatively affecting the development of the
site; and th:.t by placing the car wash tunn~l at the propercy 1(ne, the petftioner a~roids creating a'dead
space' between the existing building on the adjacent property and the car wash tunnel, which would
potentiaily become an 'attra~;tNe nuisance' for t~rash, graffiti, etc.;
4. That st~ict appi~cation of the Zoning Code deprives the Froperty of PrNi~e9es enjoyed by
other praperties under identical zoning ctassffication in the viciniry;
5. That the proposed uses, consisting of a serv~e statbn, an accessory cornenlence market
a ehusesff~whichaa coc-ditiona~ use PemnK i~s arut orizied byte Zoning Code inrtthei ML Zone~r wash,
6. Th~t the proposed uses will not adversely affect the adjoining land uses and tha growch
a~d development of the area in which ft is proposed to be located beca~se the service staticn and
accessory uses are compatible wfth tha surrounding commerdal and industrial neighbofiood:
7. That the size and shape of the sfte for the ~roposed uses is fldequate to allow the full
develapment of the proposed use in a manner not detrimental to the particular area nor to thd peace,
health, safety, and 9enera~ welfare;
8. That the traffic generated by the pro;~osed uses will not impose an undue b~rcien upon
the streets and highways designed and :mproved to caRY the traffic in the area;
9, That the granting of the condftional use permft~ under the conditions imposed, will not be
detrimental to t:~e peace, healih, safety and general welfare of the cftizens of the CftY of Artaheim;
10: That the proposed sa~e of beer and wine for off-premises consumptiai does not require
a Determinatlon of Public Cornenience or Necessiry because (~) subject properry ~s,n~t located in an area
having crime rate which is aUove the average for the Ctry of Anaheim and (1() there is ~ot an over-
concentration of Ncohol 8everage Contrd Iicenses in said area; and
11. That no one indicated their presence at said public hearing in opposition; and that no
aorresRondence was received in oppositlon to the subject petition.
~AUFORNIA ENVI~iONMENTAL ~UALITY ACT FINDING: Th~t the Anahelm Ciry Pla-~^~i.~
Gommission has reviewed the proposal co permit expansion of a serv~ce station and accessory
convanlence market to include saies of fast-fc;ad, retaii sales of beer arxi wine for off-premises
consumption, and to construct a new drive-xhrough self-serve car wash wfth waivers of (a) minimum
parking lot landscapin9, (b) permitted locatlon of freestanding signs, (c) min' nes oni a recta 9 e~Y-
freestanding signs and (d) minimum landscap~ng adjacent to interior property
shaped parcel located at the northwest comer o f B a ll Road and State College Boulevard, having frontages
of 150 feet on both streets, and further desc~ibed as 1199 South State Cdlege Bouievard (Mobil service
station); and does hereby approve the Negative Declaration upon flrxiing that the dedaration reflects the
independent judgement of the lead agency and that ft has considered the NegatNe Dedaration together
study and arty com eents~recefvedt that thereeis nops bstantial fevidence~ihat the proect wiiihhave a
sign~icant effect on the ernironmerrt.
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NOW, THEREFORE, BE IY RESOLVED that the Anaheim Ciry Planning CQmmission does
hereby grant, in part, subject Petftion for Condftional lJse Permit, upon the fdlowing conditions which are
hereby found to be a necessary prerequisfte to the p~oposed use of the subject properry in order to
eneral weifare of the Citizens of the City of Anaheim:
preserve the safety and g
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approvai
showing conformance with the cuRen; vers~ions of ES g~(II thereupon ber developed and ma nta~n~ed i~
pertaining to parking standards. Sub ect roperty
conformance wfth said plans.
2. That new driveways shall be constructed wfth ten (10) foot radius curb retums as required by the Ciry
Engineer in conformance with Engineering Standard No. 137.
3. That plans shail be submitted to the Cicy Traffic and Transportation Manager for review anci approva!
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibil'Ry for the
sign location.
4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Dopartment, Streets and Sanftatfon Division, for review and approval.
5, That an oc-~orks Depart tent, S~ee s and Salnitation DNfson~ Saidttum ro~nci areaaShall be
the Rubl
spec~ically shown on plans submitted fer building permfts.
g, That any public telephones proposed on-site shall be located inside the convenience market.
7. That no window signage shali be permitYed.
g, That the~deve~oe~erp~cltices that wi ~abe u~sed o Mne o control pred~table Pd~u~ntslf oim tormwat e
best ma g
runoff. The YVQMP shali be submitt rova the Public Works Engineering Department, Developmen
ServicES Division, for review and app
g. That sales of beer and/or wine shall be permitted only between the hours of 6 a.m. and midn(ght.
10. That no alcoholic beverages shall be consumed on the property.
11. That tho parking lot serving the premisds shall be equipped with Iighting of sufficient power to
illuminate and make easily discemible the appearance arxi cond~ct of all persons on or about the
parkfng lot. Said Iighting shail be directed, posftioned and shielded in such a manner so as not to
urireasonably il{uminate the ~vindow areas of nsarby buainesses.
12. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as ft may be ame~ded from
time to time) pertaining to off-sale beer and/or wine (for off-premises consumption) at senr(ce stations
shali be com~lied with.
13. That the sales of alcohdic beverages shall not exceed forty percent (4096) of the gross sa~es of ail
retail sale~dnri tl~ie eparate amo nt t of sale~s of alcohd~Ci be e gels and oihe~ itemss Th se ecoeds
basis ind 9 of Anahe(m Code
Enforcement,or Pdice Off~ce durrtingreasonable business hou s~ by ~ny Ciry
i4. That there shall l~ no coin-operated 9ames mai~tained upon the premises at any time.
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15.
1fi.
17.
18.
19.
That the sa~e of alcoholic bsverages: sha:l be made to custom~rs ors!V when the cu~tomer ts. ins(~~
the building.
That no person under twenry one (21) years of age shall sefi or be permitted to sell any beer or ti~'ir,e.
That there shall be no audiQ (inte~ior or exterior) advertisement of beer ard/or wi~a sa~es•
That ar~y tree planted on-sfte shali be replaced in a timely rr~anner in the event that it is removed,
damaged, diseased and/or dead and that all tandscaping shall be inigated and ma~nta~ned in good
condition at all times.
That, in conformance with Anaheim Municipal Code Section 18.44•050.070 pertain~ng to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the Orange
County Recorder agreeing to remove the service statfon structures in the event that the station is
closed for a period of twelve (12) consecutive months. A service~ s~afos s P~Ob to° ~o d~on~ te
during any month in v~hlch it is open for less than fifteen (1-) Y•
aeco d t onS a oopysob he ecorded agreement shall rbeisubm ed to~ he Zo ng D isionn foliowing
'That no oucdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted.
Ti~at no roof-mounted equEpment shal! be pem'~itted, unless fuliy screeneci from view from ail public
s4r~ets and surrounding properties.
That the ownsr of subJect proporty sna~~ be respo~sible for the removal of any an-sfte graffiti wfthin
lwenry four (24) h~urs of ~ts application.
. That signage for subjoct facility shali be limited to the monument sign and wall signage shown on
the approved exhibfts submitted by the petitioner. Any addftional signage shall be subject to the prior
approval of the Planntng Commission as a'Reports and Recommendations" item.
20.
21.
22.
23
24. That no food or beverage consumption areas shall be permitted•
25. That no propana tanks shall be permitted.
26. That the vacuum and air/water stations shall be located adjacent to the north property ~ine and shali
be speciffcally shown on plans submRted for building permfts. LandscaPing shail be rr~alnta~ned to
screen thls equ(pment from the public streets.
27. That tne petftinner shall submft revised archftectural plans showing a flat roof on the existing building;
and that said p~ns shall be s~ubmttted tc the Zoning ~rts iand Recommendatio s~itemnt for review
and approval b the Plannin Commissfon as a"Repo
2E. That no fast food or nrepared food shall be permitted unless Code-required parking (seventeen [17]
spaces) is provided. The required spaces shali be shown on ~lans submitted for building permits.
29. That minimum one (1) gallon sized vines or fast growing shrubs shall be p~ert~~es,m~imum flve
(5) foot centers adjacent to the trash enclosure walls to prevent graf~'dl oPPo
30. That the existing drNeways on Ball Road and State Cdlege Boulevard shail be rem~ved and~ e~~acon
with standard curb, gutter, skiewalk a~I ~SO p~te ~le~ge Bou eva de subject toth prior review
3sll Road and twa (2) driveways are pe
and approvai of the C'rty Traffic and Transportation Manager.
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31, That the area betwsen tho existing arterlal highway rights-o~-wae un~tiittheUUtltimatee rights-of-way arle
be irrigated, landscaped end maintained by the property
construcYed.
~2, That a^~~;~'~"'~~m of thirty one (31) (minimum fifteen (15J galion sized) trees shall be plsnted on-sfte,
fnd~ac~i;:,~, .: ~.~a fdlowing:
A minimum of five (5) trees shall be planted and ma~ntained in the increased planter area at the
,~~
corner of Ball Road and State College Boulevard. The trees shall be located on-sRe and shall
not to be located wfth?n the ultimate highway rinhts-of-way. This area shail also contain a
minim~m three (3) foot high landscaped earthen berm.
(ii) A minimum of ttvo (2), fifteen (15) gallon sized, trees and addftional shrubs and groundcover
shall be pianted at the northeast corner of the property adjacent to parking space #11.
(iii) A minimurri of eight (8) additional, frfteen (15) gallon sized, trees shall oe planted elsewhere on-
sRe. lines.
('N) A minimum of eighi an~ showin hacome iancew ithj placement of hess trees andr he additional
(v) A final landscape pt 9 P~
landscaped area~s ~ il ~ Plann ng Commission ss a~'Repo;ts and Rlecommendationse itemr
review and app Y
33. That the properry owner shall re~~rd an agreement, approved by the Real Property Section of the
Pubiic Works - Engineering Department and the Ciry Attorney's Office, to relocate the new monument
sign at the property owners expense when the Ciry constructs the Criticai Intersection widening in
the event that the monum~nt sign is located wfthin the corner cut-off, and/or located within the Iine-
of-sight triangle described In Code Sections 18.05.093.025 and 18.05.093.025.0251 of the Anahe~m
Municipal Code•
34. That the carwashwerls ste~m between~the hoursyof 0 p~meto 7Na.m. oniyr Thiselimicationishallrbe
to the sanitary se Y
noted on the building sfte plan and plumbir,~ plans.
35. That during business hours of subject facility, s r t men's and women's restrooms shall be
avallable to the pubiic, and shall be property sup~liai arxl maintained. 5aid iacilit(es shaA be
sper.ffically shown on plans submitted for building permfts.
36. That subject property shall be developed substantially in accordance with plans and spec~ications
submitted to the Ciry of Anaheim by the petitioner and wh~~h~i~ans he landscaPing requUemens
pepaKment marked Revision No.1 of Exhibit NQS. 1, 2 and 3~ ~ 9
of Condition No. 32, above-specff:ed.
37. That prior tc issuance of a building permR or within a period of one (1) year from the date of this
resolution, whichever occur~ first, Condition Nos. 1, 3, 4, 5, 8, 19, 23, 26, 27, 28, 32~ 33. 34 and 35,
ma vbe grainted in acc~bdance wfth S9ctio d 03~090 ofrthe Anahe m Municipal tCode. condftions
Y
38. That prior to ~na~ bu(Iding and zoning (nspections, Conditlon Nos. 2, 11, 29, 3~, 31~ 32 and 36,
above-ment(oned, shall be complied with•
3g. That approval of th(s aR^aiication constftuces approval of the proposed request only to the extent that
ft complies wfth the Anaheirro Municipal Zoning Code and any other applicable Ciry, State ao ~Fede~ae
re9ulest~ ega dp gr~a Y ot~heer aPplicable o dinanoenregulaton oarequirement.nce or app
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40. That the prope~ty ows-er shall submit a final site plan to the Zoning D~visiori of tha Planning
Department for review and ~pproval by the Planning Commission as a"Rh port~s ~
Recomn~endations' ftem. Said plan shall show the requlred three (3) foot high berm, P Po
monument sign, and how tha sign will be modified to comply with Code Section 18.05.093.025 (which
alluws signs to be located withi~ft~i ~a~ve g9ound) whenrcritical int r siection widening c~ ~~~n
thl-ty ~30] lnches and elgM (S)
BE IT FURTHER RESOLVED that the Anaheim ~~~~~U~9 ~Op~~~~° S compliance w~
and deteRnine that adoption of this Resolutfon is expressly p n thereof, be
each anci all of the conditions hereina hE finalt ud ment of Iany court of com~petent jurisdiction, then this
declared invalid or unenforceable by 1 9
Resolution, and_any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 31, 1997• ` (;~~~ , ~,~ ~~~_
~~ tyr.c.r 7.
CHAIRPERSON ANAHEI CITY NG COMMISSION
ATTESI':
SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORAR~GE ) ss.
CITY OF ANAHEIM )
I, Margarrta Solorio, Secretary of the Anaheim Ciry Planning Commissiun, do hereby certify
that the foregoing resolucton Was P~SS~1e followingtv~ote of the mtembe s t ereof:heim Ciry Planning
Comm iss ion h e l d on March 31, 1997, bY
AYE&: COMMISSIONERS: NONE ICK, BOYUSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMPAIS
ABSENT: COMMISSIONERS: P10NE
oZg~~ day of ~~
IN WITNESS WHEREOF, I have hereunto set my hanc! this
1997. ,
SECRETARY, A AHEIM CITY PLANNING COMMISSION
PC97-35
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