Resolution-PC 97-9~ ~
RESOLUTION NO. PC97-9
A RESOLUTION OF THE ANAHEIMI CITY PLANNIN~ GOMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3902 BE GRAN7ED, IN PART
WHENEAS, the Anaheim Ciry Flanning Commissfon did receive a verified Petftion for
Condftional Use Permft for certain real property sftuated in the Cfty of Anaheim, County of Orange, State
of Califomia, ~escribed as:
PARCEL 1: L07S 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS
SHOWN ON A MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORM(A
EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL
200709-I IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31,
1994 AS INSTRUMENT N0. 94-0534178 OF OFFICIAL RECORD~ OF SAID
ORANGE ~OUNTY.
PARCEL 2: THE WEST 150.00 FEET UF THE NORTH 15a.00 FEET OF THE
NORTHWEST DUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTR ANA, AS SHOWN ON A MAP
R~CORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDED OF
ORANGE COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE
WEST 150.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST
~UARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHQ SAN JUAN CAJON DE SANTA ANA,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Cify Planning Commission dkl hotd a pubiic hearing at the Civic Center
in the City of Anaheim on January 22, 1997 at 1:~0 p.m., notfce of said public hearing having been duly
given as required by law and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidQn~e for and against said proposed conditfonal use permft and to
irv~sstigate and make find(ngs and recommendations in connectfon therewfth; and that the said public
hea.*ing was continued to the February 3, 1997 Planning Commission meeting; and
WHEREAS, said Commiss(on, after due inspect(on, investigation and study made by ftself
and in it~ behalf, and after due consideration of a!I evidence and reports offered at sa(d hearing, does find
and determine the following facts:
1. That the proposed use is properly one for wh(ch a condit(onal use permft fs authorized by
Anaheim Mun~cipal Code Sectfons 18.44.050.070, 18.44.050.195, 18.44.050.300 ard 18.87.023.020 to permft
a service station and acces~ry convenience market with sale of beer and wtne for off-premises
consumption and a 2,100 sq.ft. drNe-through, fast-food restaurant wfth the following waivers:
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(a) Sections 18.04.043.102 - Maximum wall helaht.
(6-foot hiah block wall requEred adjacent
and 18.44.068 to residential zone boundaries;
8-foot hi~h block wail proposed adJacent
to RS-7200 "Residential, S(ngle-Fami!y"
zoning to the south)
(b) Secifons 18 05 050.020.0225 - Minimum nu~ber of oarkina saaces.
18.06.050.020.0233
18.06.080
and 98.44.066.050
(c) Section~ 18.04.043.101(al - Minimum structural and landscaoed
setback adiacent
18.44.~63.020 to a local street and reauired site
screenina
(10 foot w(de IandscaaE~ structural
and 18.44.068 setback reGuired along Palm Street, 5-
footlandscaoed setback proposed;
6-foot high block wall required behind
the required 10-foot landscaped setback
along Palm Street to screen the parlcing
spaces from the residences along Palm
Street, 8-foot high block wall proposed
behind the -~fQot landscaaed setback;
and
maximum 3-foot hiqh block wall
permitted with(n 10 feet of Palm Street,
8-foot high block wall proposed 5' feet
from Palm Street)
(d) Section 18.44.063.040 - Min(mum landscaped set ck adlacent
d
arv.
to a residential zone boun
2. Thai waiver (a) is hereby approved on the basis that there is a special circumstance
appiicable ta the properry consisting of its location adjoining a single •iamily residence in the RS-7200
Zone, whfch does not apply to other identicaJly zoned properties in the vicin'rty; and that the proposed
8-foot wa~l he(ght will enhance the separation of the proposed commercial uses from tho existing sing~~-
family residence to the south;
3. That waiver (b) is hereby denfed on the basis that the need for said parking waiver wzs
deleted in connection with subm'rttal of final plans;
4. That waiver (c) is hereby approved on the basis that there are special circumstances
applicahle to the property consist(ng ~f its location and surroundings, which do not apply to other
identicaily zo~ed properties in the vicin'dy, because subject property abuts Palm Street on the east (a
residential area) and Harbor Boulevard (a major arterial highway) on the west; that the proposed 8-foot
high wall behind the 5-foat wide landscaped setback along Palm Street will provide fncreased separation
of the proposed commercial uses from the residential neighborhood to the east; and that the Qetitioner
has incorporated extensive layered landscape planting that will give the appsaranco of greater depth to
this landscaped area and, further, has proposed to plant vines on both sides of the block wall with
additiona! shrubs planted in a 2-foot wide landscaped setback on the west (service station side) of the
block wall to visually "sonen" said ~all as viewed from Harbor Boulevard;
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5. That waNer (d) is hereby denied on the basis that the need for said landscaped setback
waiver was deleted in connect!on whh submRtal of finai pians;
6. That stric4 application ot the Zon' ~ Code deprives the Qroperry of prNileges enjoyed by
other properties under identical zoning classffica. , in the vicinity;
7. That the proposed use is propedy on~ for which a conditEonal use permit is authorized by
the Zoning ~ode;
8. That the proposed use wlll not adversaiy affect the adjeining land uses and the grow[h and
deveiopment of the area in which it is proposed to be located because the proposed service staYion and
drive-through restaurant are compatible with nearby commercial land uses and are consistent wfth similar
types of land uses located at the intersection of many arterial highways throughout the Ciry;
9. 7hat the size and shape of the site for the proposed use is adequate to allow the futl
development of ttie proposed use in a manner not detrlmental to the particular area nor to the peace,
health, safety, and general welfare because, as designed, the project is sensftive to the protection of
nearby sfngle-family residen~es; and, as r.ondft(oned, the pr~posed service station and drive-through
restaurant wiil not adversely affect nearby commercial businesses nor adversely impact the existing single-
family residential neighborhood to the south and east;
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because adequate
ingress/egress from public streets, on-site vehicular circulation, and Code-required parking for the
customors patronizing the proposed service station and drive-through restaurant wiil be provided;
11. That the granting of the conditional use permit, under the conditions imposed, witi not be
detrimental to the peace, health, safety and general welfare of the cftizens of the ~ity oi Anaheim;
12. That no or~e indicated their presence at safd public hearing in opposition; and that no
correspondence was received in opp~sition to the subject petition; and
1~ That the proposed restaurant is 2,100 sy.ft. instead of 2,000 sq.ft. as advertised (n error.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim C'ity Planning
Commiss~on has reviewed the proposal to permft a service station and accessory convenience market v~ith
sales of beer and wfne for off-premises consumption, and a 2,100 square-foot (advertised as 2;000 sq.ft.)
drive-through, fast food restaurant with watvers of (a) maximum wall height, (b) m(nimum number of
parking spaces, (c) minimum structural and landscaped setback adjacent to a local street and required
site screening, and (d) minimum landscaped setback adjacent to a residential zone boundary on an
irregula~ly-shaped parcel, consisting of approximately 0.98 acre located at th2 southeast corner of Ball
Road and Harbor Boulevard, having approximate frontages of 185 ieet on tho south side of Ball Road and
285 feet on the east side of Narbor Loulevard, and further ~escribed as 520 West Bali Road; and does
hereby approve the NegaYrve Declaration upon find(ng that the declaration reflects the independent
judgement of the lead agency and that it has considered the Negative Declaration together with any
comments received during the public raview process and further flnding on the basis of the initial study
and any comments received that there is no substantial evidence that the project wrill have a signfficant
effect on the env(ronment.
NOW, TFiEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant, in part subject Petition for Condftior~al Use Permlt, 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 safery ar~d general welfare of the Cftizens of the City of Anaheim:
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1. That this conditional use permft is granted subject to City Council adoptiQn of General Plan
Amendment No. 343 and adoption af a zoning ord(nance in cannection with Reclass~ication No.
96-97-03, now pending.
2. That a lot line adjustment to merge the lots into one (11 parcel shall be submitted to the Subdivision
Section of the Public Works Department for a~proval by the City Engineer, arit'!,then recorded in the
Office of the Orange County Recorder.
3. That the developer shall submit an application to the Real Property S~ction to abandon the existing
public ucil'dy easements o oved sfte t anb e~hiculair access rights9ot HaeborrBoule~aridvmust i fi stdbe
to accommodate the app P
approved by the Ciry Council).
4. That prior to grading plan approval, the developer shall submit a Water Qualiry Management Plan
(W~MP) specifically identifying the best management practices that will be used on-site to control
predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works
Department, Development Se!vices Division, for revfew and approval.
5. That the developer shall reconstruct the curb and gutter and construct full width sidewalk (i.e. ten [10]
fest wide) along Bali Road in conformance with Publ,ic Works Department standards. A Rfght-of-Way
Construction permit shall be obtained from the Public Works Department, Development Services
Dnrision. The improvements shail be constructed prior to the first final buHding and zoning
inspections.
6. That gates shall not be installed across any driveways in a manner which may adversely affect
vehicular traffic in the adJacent pubUc streets. Instaliation of any gates shall cor~form to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the Ctty Traff(c and
Transportation Manager prior to installation of said gates.
7. That no roof mounted equipment shall be permitted unless fully screened from view from all pubiic
streets and adjacent properties in accordance with the Anaheim Municipal Code.
8. That the proposed freestanding sign on subject property shall be constructed as shown on Exhibft
No. 7 and shall be subJect to the review and approval of the Ciry Traffic and Transportation Manager
to determine adequate lines-of-si~ht prior to issuance of the building permit.
9. That pians shall be submitted to the Cicy Traffic and Transportation Manager fe,r hfs review and
approval showing conformance wfth the latest revisions of Engineering Standard Pian Nos. 436 and
602 pertainfng to parking standards and driveway Iocatlons. Subject pr~perty shall thereupon be
developed and maintained (n conformance wfth said plans.
10. That no driveway or pedestrian access shall be permitted along the east property Ifne (to/from Palm
Street).
11. That all driveways shall be constructed with ten (10) foot radius curb returns in contorm2r.ce with
Engineering Department Standard No. ' 37.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation DNision, for review and approval.
13. That an on-sfte trash truck Yum-around area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation DNision. Said tum-around area shalt be
specif(cally shown on plans submitted for buflding permRs.
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14. That during bus(ness hours of subject facility, separate men's and women's rest raoms shall be
available to the public, and shall be properly supplied and maintained. Said facitfties shall be
specifically shown on the plans s~bmitted for building permfts.
15. That, in conformance wfth Anaheim Wiunicfpa! Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shalf be recorded with the Office of the Orange
County Recorder agreeing to remove the service station structures (includ(ng the underground tanks)
in the event that the station is closed for a period of twelve (12) consecutive months. A service
station shail be considered closed during any moMh in which it is open for less than fifteen (15) days.
A copy of the recorded agreement shall be submitted to the Zoning Division.
16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended ftom
time to time), pertaining to ihe sale of beer and wine for off-premises consumption shall be complied
with.
17. 1'hat the sales of alcohollc beverages shall not exceed forty percent (4096) of the gross sales of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcohol(c beverages and other ftems. These records
shall be subJect to audit and made available when requested by any City of Anaheim offfcial during
reasonable husiness hours.
18. That no display of beer or wine shall be located outside the buildfng or within f'Ne (5) feet of any
public entrance 4o the building.
19. That the areas of beer or wine displays shall not exceed twenry five percent (25%) of the total display
area in the buildfng.
20. That window signage shall not be perr~itted for the service station, convenience market and/or fast-
food restaurant.
21. That no advert(sl~g of beer or wine shall be located, placed or attached to any location on the
exterior of the build(ng; and that any advertising on the inter(or of the bu~lding shall not be visible
or audible to anyone outside the buflding.
22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the
property.
23. That the sale of alcoholic beverages shall be made to customers only when the customer is inside
the building.
24. That no person under twenty one (2i ) years of age shall sell or be permitted to sell any beer or wine.
25. That sales of beer and/or wine shall be permitted only between the hours of 8 a.m. and 11 p.m.
26. That no alcoholic beverages shali be consumed on the prem(ses.
27. That the parking lot serving the premises shail be equipped with Ifghting of sufficient power to
illuminate and make easily dlscemible the appearance and conduct of all persons on, or about, the
parking lot. Said lighting shall be directed, posftioned and shielded in such a manner sa as not to
~nreasonably illuminate the window areas of nearby residences, and that sakl direc~ioning, posltion(ng
and/or shielding of Iightinc~ shall be specifled on plans submitted for building permits.
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2a. That any public telephones proposed on•site shall be located inside the convenience market or fast-
fooci restauran4; or, ff placed outside, shall be attached to the wali of the building within twetve (12)
feet of the main entrance to the building.
29. That beer shal.I not be sold In packages containing less than a six (6) paqk, and that wine shall not
be sold in packages less than a four (4) pack.
30. That no foor.l which is cooked, heated, reheatecJ, assembled or altered ~n the sRe (i.e., take-out food)
shali be permiited at the cornenience market unless a separate variance for parking is approved or
uniess adaiitional Coda required parking is provided.
31. That the urder speaker dav!ce for the drNe-through restaurant shall be equipped with an operable
volume control. The sound emitted shall not be audfble at the residentially zoned bounciaries to the
south and east. The c+rdering devi~e shall not be utilized after 11:00 p.m. or before 6 a.m.
32. That service station, convenience market and restaurant employees sh«II be reyuired to park in the
parking spaces adjacent to the east property line.
33. That no propane tank(s} shall be permitted on-sfte.
34. That all landscapeci areas shall be planted, irrigated and maintained, including removing litter, and
shall be in conformance with Exhibit No. 6.
35. That the owner of subject property shall be responsible for the removal of any on-site grafffti wfthin
twenty four (24) hours after fts application.
36. That any plans for addftional signage, except for the proposed monument sign identified in Exhibit
No. 7, shall be submitted to the Zoning Division fcr review and approval by the Piann(ng Commission
as a"Reports and Recommendations" item. No advertising signs other than those approved by the
Pianning Commission shall be const~ucted orr subject property.
37. That landscape frrfgatlon plans for the subject property shall be submitted to the Planning Div(sion
for review and approval.
38. That any tree or other Iandscap(ng planted on-sfte shall be replaced fn a timely manner in the event
that it is removed, damaged, dfseased and/or dead.
39. That hours of operation shall not exceed the following:
Service Station/Convenience Market: open 24 hours
Fast-food Restaurant: open 24 hours
DrNe-through lane: 6:00 a.m. to 11:00 p.m.
40. That a three (3) foot high landscape berm shall be installed adJacent to Ball Road and Harbor
Bc~ulevard as shown on Exhibit No. 6.
41. That the property owner shall be responsible for the construction and maintenance of the required
eight (8) foot high block walls located along the south property line (RS-7200 zon(ng) and located
behind the five (5) foot landscaped setback along the east property line (Palm Street).
42. That subject property shall be developed substantfally in accordance with plans and spec'rfications
submitted to the City of Anaheim by the petitioner and which plans are on flle wfth the Planning
Department marked Exhib(t Nos. 1 through 7. The approved project may be constructed {n two (2)
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phases (i.e. service station/conven(ence market and fast faod restaurant) provided that all condftions
are complied with.
43. That pr(or to issuanee of a building permit or wfthin a pariod of one (1) year from the date of this
resolution, whfchever occurs first, Condftion Nos. 1, 2, 3, 4, 9, 12, 13, 14, 15, 27 and 37
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
44. That pr(or to ftnal building and zoning inspections, Condftion Nos. 5, 11, 31, 34, 40, 41 and 42,
above-mentioned, shalt be complied with.
45. That approval of this appl(cation constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zon(ng Code and any other applicabie City, State and Federal
regulations. Approval does not fnclude any action or findings as to compliance or approval of the
request tegarding any other applicable ordinance, regulation or requfrement.
46. That, ff determined to be necossary by the Anaheim Polfce Department, a minimum of one (1)
licensed uniformed security gu~7rd shall be provided on the premises specfffcally to provide security
and to discourage vandalism, trespass and/or loiterfng upon or adJacent to the subject properry.
Said security guard's hours shall be as detenmined to be appropriate by the Anaheim Police
Department.
BE fT FURTHER RESOLVED that the Anaheim Ciry Pianning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicanYs compiiance wfth
each and all of tt~e condft(ons herelnabove set forth. Should any such condftion, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then th(s
Resolution, and any approvats herein conta(ned, shall be deemed nutl and void.
THE FOREGOING RESOLUTION was adopt at the P nn(ng Commission meeting of
February 3, 1997.
CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, AHEIM CITY PLANNING COPVIMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdor(o, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim C'ity Piann(ng
Commission held on February 3, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSIONERS: NO~IE
ABSENT: COMMISSIONERS: NONE
IN WI7NESS WHEREOF, I have hereunto t my hand this ~~ day of f~iclti ,
,ss~. ~~
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SE RETAR , ANAHEIM CITY PIANNING COMMISSION
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