Resolution-PC 97-91~ ~
RESOLUTIGN N0. PC97-91
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NA. 3932 BE GRANTED, IN PART
WHEREAS, the Anaf~eim Ciry Planning Commtssion did receNe a veriBed Petition for
Canditionai Use Permft for certain real pro[~erry situated in the City of Anaheim, Counry of C~range, State
of Calffomia, desc~ibed as:
THAT PORTION OF S~CTIO~! 19, TOWI~SHIP 4 SOUTH, FiANGE 10 WEST, IN
THE CITY OF ANAHEIM, STATE OF CALIFORNlA: AS SAID SECTIOM IS SHOWN
ON A MAP RECORDED IN B40K St PAGE tU OF MISCELLANEOUS NiAPS, IN
THE OFFICE OF THE COUM'Y RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CARNER OF SAID SECTION 19; THENCE
SOUTH 0 D~GREES 27' WEST 280.d0 FEEi ALONG THE EAST LINE OF SAID
SECTION; THENCE SOUTH 89 DEGREES 54' 40" WEST 175.00 FEET PARALLEL
WITH TH~ NORTH IJNE OF SAID SECTION 19; THENCE NORTH 0 DEGREES
27' EAST 280.00 FEET PARALLEL WITH THE ~AST LINE QF SAID SECTION 19
TO THE NORTH IJNE QF SAID SECTION 19; THENCE NORTH 89 DEGREES 54'
40" EAST 175.G0 FEET ALONG SAID NORTH UNE TO THE POINT OF
BEGINNING.
D(CEPT THAT I'ORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT DISTANT SOUTH 0 DEG. 27' WEST 280.00 FEET AND
SOUTH 89 DEGREES 54' 40' WEST 30.00 FEET FROM THE NORTHEAST
CQRNER OF SAID 5ECTION 19; THENCE FROM SAID POINT OF BEGINNING
SOUTH 89 DEGREES 54' 40' WEST 20.00 FEET TO A POINT; THENCE NORTH
0 DEGREES 27' EAST 50.00 FEET TU A POINT; THEtJCE NORTH 89 DEGREES
54' 40' EAST 20.00 FEET TO A POINT; THENCE SOUTH 0 DEG. 27' WEST 50.00
FEET TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A Pv1AP FILED IN
BC10K 21 PAGE 7 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the Ciry Planning Cc~mmisslon did hold a pubi(c hearing at the Civic Center
in the City of Anaheim on May 12, 1997 at 1:30 p.m., notice of sald ~u't~lic hearing havfng been duly given
as required by law and in accordance with the provisions of the Anahefm Municipal Code, Chapter 18.03,
to hear arrJ cons~der evidence for artd against said prcposed condnional use permit and to investigate and
make findings and recommendations in cunnection therewi;h; and was continued to the Commission
meetings of June 9, June 23, and July 21, 1997; and
WHEREAS, sakJ Commission, after due inspection, investigetion and study made by itself
and in its behalf, and after due consideration of ail evidence and repoKS offered at said hear(ng, does find
and determine the fdlowing facts:
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1. That the proposed use is properly one for whtch a conditional use permft is
authorized by Anaheim Municfral Code Sections 18.44.050.070, 18.44.050.195 and 18.87.023.02d ta
construct a new service statlom ~~cltxling a convenience market wfth retail sales of beer and wine for off-
premises consumption with the fa'luwing wa?vers:
(a) Sect:ons 18.44.062.011 - Mfnimum structurai setback ad(acent to a
residential zone boundarv.
(b) SSgct(ons 18.a7.023.020(a1 - Minimum retail sales floor area.
2. That waNers (a) and (b) are denied on the tzasis that they were deieted fotl~wing publ(c
notiflcation;
3. That this proposal was originaily advertised incorrecUy as expansion of an existing servtce
station instead of construction of a new servic~ station;
4. That the proposed retail s~le of beer ar~d wine in the canvenience market for off-premises
consumption is denfed;
5. That the proposed use, as approved, will not adverse~y affect ttie adJoining land uses and
the growth and developmeM of the area in which it is proposed to be located;
6. That the size and shape of the sfte for the proposec! use, as app~oved, is adequate to
allow the full development of the propased use in a manner not detrimental to the partioular area nor to
the peace, health, safety, and general weltare;
7. Thai the traffic generated by the proposed use, as approved, w(II not impose an undue
burden upon the streets and highways designed and fmproved to carry the traffic in the area;
8. That the granting of the condftional use permit, under the condftions imposed, will not be
det~imental to the peace, health, safety and general weifare of the citizens of the City of Anaheim; and
9. That 1 pers~n spoke in opposit(on to the retail sales of beer and wine; and that no
correspondence was received in opposftion to the subject petition.
CALIFORNIA EPIVIRONMENTAL DUALITY ACT FINDlNG: That the Anaheim Cfty Planning
Commission has rAVlewed the proposal to construct a new service station, including a convenience market
with retail sale of beer and wine for off-premises consumption on a 0.60 acre property having frontages
of 115 feet on the south side of Ball Road and 230 feet on the west sido of Brookhurst Street, and located
at the southwest comer of Sall Road and Brookhurst Street (Arco Service Station a41201 South Brookhurst
Street); and dues hereby approve the Negative Declarati~n upon finding that the decl2ration reflects the
(ndepsndent Judgemem of the lead agency and that R has conskiered the NegatNe Declaration together
with any comments receNed during the public review process and further findfng on the basis of the ini:lal
study and any comments received that there is no substantial evidence that the project will have a
s(gnfficant effect cm the emironmem.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Comm;ssion does
hereby grant subject Petition for Conditior~al Use Permit, in part, upa~n the foilowing condltions which are
hereby found to be a necassari preraquisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Cftizens of the City of Anahpim:
1. That no roof-mounteci equipment shall be permitted uniess fully screened ftom view from all pubi(c
streets and adjacen4 properYies in accordance wfth the Anaheim Municipal Code. If roof-mounted
equipment is proposed, the owner/developer shall show detailed screening informatio:: on ttre plans
submitted for buiiding pem-fts.
2. Titiat any proposed freestanding sign on s~bject property shali be a monument-typo not exceeding
elght {8) feet in heigM, as measured ftom the grade of the adjacent sidewalk, and shall be subJect
to the review and approval of the City Traffic and Transportation Manager to determine adequate
Iines-of-sight.
3. That signage for subject facili4y shail be limited to that shown on the exhibits submitted by the
petitioner and as conditloned herein. Any additionai signs shall be subJect to review and approval
by the Planning Commission as a"Reports and Recommendations" item.
4. That th~ petftioner shall not franchise nor otherwise operate the prepared food service as a separate
business entity. A condftlonal use permft will be required for any alteratlons pertalning to the
operational characte~isttcs of thd food sorvice wfthin the convenience market.
5. That during open business hours of subject faciliry, the restrooms shall be avaflable to :he public, and
shall be properly sup~lfed and mali~tained. Said facilities shall be speciflcally shown on the plans
submitted for building peRnfts.
g, That, In conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to rPmoval of
closed service stations, an unsubordtnated agreement shall be recorded wRh the Office of the Orange
County Recorder agreefng to remove the service station structures (including the underground tanks)
in the event that the station fs closed for a period of twelve (12) consecutNe months. A service
station shail be constdered dosed durinQ any month in which ft!s open for less than fffteen (15) days.
A copy of the recorded agreement shall be submitted to the Zoning Dfvtsion.
7. That the fence adJacerK to the residentlal property at the southwest comer of subject property shaii
be sbc (6) feet high.
S. That minimum one (1) gallon sized vines shall be planted on maximum three (3) foot centers on both
sides of the wall that separates subject property from the adjacent property to the south.
9. That flnal landscaping plans shall be submftted tn the Planning Department and shall show
replacement oF deanders with a different type of landscape material.
10. That window sfgnage shall not be permitted for the servtce station or for the cornenience market.
11. TF-at no video, eleatronic or other amusemeM de~~ices or games shall be permitted anywhere on the
property.
12. That the parking lot serving the premises shall be equipped with Iight(ng af sufficient power to
illuminate and make easily discemibie the appearance and conduct of all persons on or abouc the
parking lot. Said Iighting flxtures shall not exceed twelve (12) feet in height and shall be d(rected,
positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of
adJacerrt land uses and sha~t be so-specffied on plans submitted for buitding permRs.
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13. That ;he applicant shatl be responsible for maintaining the premises free of I'~ter at all times.
14. That rio propane tank(s) shall be psmiftted on-sfte.
15. That all landscaped areas shall be planted, irrigated and maintained, and shall conform wfth Exhibit
No. 2, except as otherwise corxlittone~@ herein.
16. That the owner of subJect p~operty shall be responsible fer the removai of any on-sfte grafflt( withfn
twerrty four (24) hours of fts ap~lication.
17. That any tree or other landscap~ng plarrted on-sfte shail be repla,^~.+d in a timely manner in the event
that it is removed, damaged, d~seased and/or dead.
18. That any pubiic telephones p-'oposed on-sfte shall be lacatec+ fnskid the convenience market or, if
placed outside, shall be attached to the wall of the building and lo~ted withfn fifteen (15) feet of the
main eMrance to the buPding.
19. That trees shall not be unreasonably trimmed to increase visibility of the facilih~r.
20. That the building roaf shall be pa~nted with three (3) foot high reflective address numbers in a
contrast(ng color to the roofing mate~iai. Said address numbers shall not be visible from ground
level.
21. That a plan sheet for solid waste storage and collection, and a pian for recycl(ng shall be submitted
to the PubUc Worics DepartmeM, Streets and Sanftation Division, for review and approval.
22. That an on-sfte trash truck tum-araund area shall be provided and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation Divtsion. Said tum-around area shal! be
speciFically shown on plans submitted for building permits•
23. That there shall be no facilities for on-sft~t ~onsumption o~ food.
24. That pians shall be submitted to the Ciry Traiflc and Transportation Manager for review and approval
showing cor~formance with the latest revisions of Engineering Standard Plan Nos. 436 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and mair-tained in confomiance with said plans.
25. That the developer shall pay the Sewer Capacity MRiyation Fee establish¢d for the South Brookhurst
Corrklor sewer deNciency study area.
26. That the developer shall submit a drafnage report, propared by the Registered CNfI Engineer, to
document both historic and proposed drainage pattems and quantft(es. The reporc shall also show
how this development will impact the areawide drainage system. If the development increases or
redirects the currant or historic storm water quaMity or point(s) of discharge, then the project will be
required to guarantee mftigation of the Impact in conformanca w(th the Master Plan of Drainage or
to pay the Storm Drain Impact fee.
27. That all driveways sha~~ be constructed te accommodate ten (10) foot rad(us curb returns in
conformance with Engineering Depanment Standard No. 137.
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28. That constn~ction activitles shali be screened from adJacent noise-sensitive land uses with a solid
barriec All construction equipment, flxed or mobile, sha{i be equipped wfth a properly operating and
maintained muffler exhaust systems, and stock piling and vehicle staging areas shall be Iocated as
far as oractical to prevent no(se impacts on sensitive receptors. Construction activities shall be
limited to the hours beriveen 7 a.m. and 6 p.m., Monday through Friday, and between 7 a.m. and 5
p.m. on Saturdays. Construction activities shall not be permitted on Sundays and legal holidays.
29. That the property owner shall submit a letter requssting termination of Condftional Use Permft No.
63g (permitting an exi5~ting service station within 75 feet of an R-1 Zone) to the Zoning Division.
30. That subJect property siiali be developed substantially in accordance wfth plans and speciFications
~ submftted to the City of Anaheim by the ~etkioner arxJ which plans are on file with the Plann(ng
Department markec~~~, except as othervvise condftioned herein. ~~ ~3 /y~
(~.pv~SioN j~i~, ~ ~.~ L~~C`jS~b~-I- Nas ~, 1,!j`r'S3-~d Exh°.6•fNo. 2J tiyy~5(:~LU
31. That the developer shall submft a wator quality managemeM plan (WoMP) speciflcally (dentifying the
besK management practfces that wiii be used on sfte to coMrol predictable pollutants from stormwater
runoff. The WQMP shall be submitted to the Public Works- Engineering Department, Development
Servfces DNtslon, for review and approvai.
32. That prior to grading plan approvai, Condftlon No. 26, above-mentioned, shall be compi(ed with.
3.3. That prtor !o tssuance of a building pertnft or wRh(n a pe~lod of one (1) year from the date of this
rasolution, whichever occurs flrst, Condklon Nos. 1, 5, G, 9, 12, 21, 22, 24, 25, 29 and 31,
above-meMioned, shall be compifed wfth. Extensions for further time to complete said condftion~
may be granted in accordance with Sectfon 18.03.090 of the Anaheim Munfcipal Code.
34. That prior to final building and zoning inspe~tions, Cond(tion Nos. 7, 8, 15, 20, 27 and 30,
above-mentioned, shall be complied wfth.
35. That ~pproval of this application constitutes approval of the proposed request only to the extent that
ft complias wfth the Anaheim Municipal Zon(ng Code and any other applicable City, State and Federal
regulations. Approval does not include any action or find(ngs as to compliance or approval of the
;equest regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anahoim C'rty Planning Commission does hereby Md
and determine that adoptton of this Resolu!lon is expressly predicated upon applicanYs com~l(ance with
each and all d the condkbns hnreinabove set forth. Should any such condition, or any part thereof, be
declared irnalid or unenforceable by the flnal judgmeM of any court of competent jurisdiction, then thfs
Resolutlon, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOI.UTION was adopted at the Planning Commission meeting of
July 21, 1997.
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CHAIRPERSON ANAHEIM CITY PLANNING COMNIISSION
ATTEST: ~~C~1A~fuU
SECRETA~Y, AHEIM CITY f'IANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss•
GITY OF ANAHEIM )
1, Margarita Sdorio, Secretary of the Anaheim Ctty F~anning Commission, do hereby certffy
that the foregoing resolution was Pa~°•~°:'• a~d adopted at a meeting of the Anaheim Ciry Planning
Commission held on July 21, 1997, ty i~~e,• following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA
NOES: COMMISSI~NERS: NONE
ABSENT: COiNMISSIONERS: NONE
IPl WITNESS WHEREOF, I t-ave hereunto set my hand this ~~ day of ~~~~
1997. ~~
SECRETARY, ANA EIM CITY P~ANNING COMMISSION
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