Resolution-PC 98-150RESOLUTlON ~O. PC98-150
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
'fHAT PETITION FOR CONDITIONAL USE PERMIT NO. 4062 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE NORTH 2O3.00 FEET OF THE WEST 207.00 FEET OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER UF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID LAND IS
ALSO SHOWN AS PARCEL 1 ON A MAF' kECORDED IN BOOK 10, PAGE 44 OF PARCEL
MAPS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 28, 1998 at 1:30 p.m., notice of said public hearing having been duiy
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, invesCsgation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properiy one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.48.020.050.0505, 18.48.070.050.0511 and 18.48.070.050.0521 to
remodel an existing iegal nonconforminc~ convenience market with gasoline sales and off-premises sale of
beer and wine, including repiacement of underground tanks and fuel pumps, and construction of a new
pump island canopy, new building facade treatments and new signage; and to retain two fast food lease
spaces located inside the convenience market, with waivers of:
I,A) Sections 1$.06.050.020.0225 - Minimum number of oarkinq spaces.
18.06.050.020.0234 (32 required; 22 proposed)
and 18.48.110.120
(B) Section 18.48.130.060.0601(dl - Permitted wall sians.
1. That the parking waiver (A), under the conditions imposed, wili not cause fewer off-street
parking spaces to be provided for such uss than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
2. That the parking waiver, under ihe conditions imposed, will not increase the dema~cJ ~r.d
competition for parki•~~ spaces upan the public streets in the immediate vicinity of the proposed use.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the fmmediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code) because the minimum 22 parking spaces which will be provided
on-site (based on information contained in the Parking Demand Study prepared by Associated
Transportation Engineers and dated August 8, 1998) are adequate to accommodate the existing
convenience market with gasoline .~alas, on-premises sale of beer and wine and the pronosed fast food
CR3438PK.DOC -1- PC98-150
uses under normal and reasonable foreseeable conditions of operation.
4. That the parking waiver, under the canditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
5. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to ar egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use
because the amount of parking which is needed for the uses (as indicated by the Parking Demand Study)
will be accommodated by the number of parking spaces provided on-site.
6. That waiver (B), permitted wa„ ~igns, is hereby denied on the basis that there are no
special circumstances applicabl~ to the property, such as size, shspe, :opography, location or
surrounding, which deprive the property of privileges commonly enjoyed by other properties in the same
vicinity and zone; and that approval of additional wall signs would have the effect of granting a special
privilege not shared by other similar properties.
7. That the convenience market with gasolir.e sales and on-premises saie of beer and wine
was established and constructed prior to adoption of the Anaheim Resort Specific Plan No. 92-2 and is,
therefore, considered a Iegal nonconforming use; that Code provides for the modification or expansion of
a legal nonconforming use subject to approval of a conditional use permit provided that such modification
or expansion will bring the use or building into greater conformity with the intent of the Specific Plan; and
that the proposed improvements to the building and the retention of rivo fast food tenant lease spaces
constitutes a modification and/or expansion of the legal nonconforming use.
8. That the proposed use will not adversely affect the adjoining I~,nd uses and the growth
and deveiopment of th,~ area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adE~quate to allow the full
deveiopment of the proposal in a manner not detrimental to the particular area no~ to the peace, health,
safety and general welfare.
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and hi~hways designed and improved to carry the traffic in the area.
11. That granting of this conditional use permit, under ~he conditions imposed, will not be
detrimental !o the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this petition.
CALIFORNIA ENVIRO~dMENTAI. QUA~ITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby determine that the previously-certified
Environmental Impact Report No. 313 is adequate to serve as the required environmental documeritation
in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cornmission
does hereby grant subject Petition for Conditional Use Permit, in pa~t, upon the following conditior.s which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order ta
preserve the safety and general welfare of the Citizens of the City oF Anaheirr:
1. That the property owneddeveloper shall be responsible for comply~ng with ail mitigation measures
within the assigned ti~ne frames and any direct costs associated with the Mitigation Monitoring
Plan No. 012 as established by the City of Anaheim and as required by Seclion 21081.6 of the
Public Resources Code io ensure implemFntation ~f those identified mitigation measures.
2. That granting of the parking wafver shall be deemed contingent upor operation of the use in
conformance wi!h the assumptions relating to the operation and intensity of the use as contained
CR3438PK.DOC -2- PC98-150
in the Parking Demand Study prepared by Associated Transportation Engineers and dated August
8, 1.998, and on file in the Planning Department. Exceeding, violating, intensifying or othenr~ise
deviatin4a from any of saici assumptions as contained in said Parking Demand Study shall be
deemed a violation af the express conditions imposed upon the granting of this variance which
shall s~bject said variance to termination or modification pursuant to the provisions of Sections
18.03.091 and 18,03.h92 of the Anaheim Wlunicipal Code.
3. That within one (1) month f~om the date of this resolution, all nonconforming window signage,
inc!uding, but not limited to painted, paper, neon, or other signage which is placed on er in the
winc~aw, shal~ be removed.
4. i hat prior to t7~ insEailation of landscaping, an alternative to the Coral Tree shall be submitted to
ine F?!ar..~i,~g Jepartment for review and approval. Said replacement tree shall ke a species that
is a~mpatible with the streetscape landscaping and suitable for the pianter area in which the trees
W'tll be pfun[?d.
5. That the Canary Island Pine trees shall bo twenty four (24) inch box trees or larger in siza at the
time of planting.
6. Tf~at root and sidewalk oarriers sha~l be provided for trees that are planted within seven (7) feet of
public sidewalks.
7. That any tree or other landscape materiai shall be repiaced in a timely manner in the event that
such plant materials are remo~~ed, damaged, diseased or dead.
8. That a licensed arborist shall be responsible for all tree trirnrr~ing.
9. That prior to final building and/or zoning inspections, a licensed landscape architect shall provide
a letter to the Planning Department certifying that all landscaping and irrigation systems have
beert installed in accordance with the approved landscaping and irrigation plans.
10. That the pruperly owneddeveioper shall be responsible for the removai of any on-site graffiti
within twenty four (24) hours of its application.
11. That trash storage areas shall be provided and maintained in location(s) acceptable to the Pubiic
Works Department and in accordance with approved plans on file with said Department.
12. That a plan sheet for solid waste storage and collectior~, and a plan for recyciing shall be
submitted to the Public Works De~artment tor review and approval.
13, That an on-site trash truck turnaround area shall be provided to the satisfaction of the Publ(c
Works Department.
14. That the property owneddeveloper shall be responsible for maintaining the premises free of litter
at all times.
15. That all trash generated by the convenience market and fast food uses shall be properly
contained in trash bins contained within the approved trash enclosure. The number of bins shail
be adeQuate and the trash pick-up shall be as frequent as necessary to ensure the sanitary
handling and timely removal of refuse from the property. The Code Enforcement Division of the
Planning Department shall de!ermine the need far additional bins or additional pick-up. All costs
for increasing the number of bins or frequency of pick-up shall be paid for by the business owner.
16. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitfed
outside the building at any time, with the exception of the dispensing of motor fueis.
CR3438PK.DOC -3- PC9$-150
17. That the hours of operation for the fast food uses shall be limited to 8:00 A.~e. to 12:00 A.A4., daily.
18. That all public telephones located on the property shall be located inside ttse convenience market.
19. That in the event it becomes necessary to relocate any existing power facilities or street lights,
said relocation costs shall be at the property owner/developer's sole expense.
20. That the property owner/developer shall obtain all of the necessary permits from the Building
Division for interior and exterior !nodifications and/or tenant improvements associated with this
development proposal; and th:.t the property ownerideveloper shall obtain all of the necessary
and required inspections to the satisfa~tion of the Planning Department.
21. That in conformance with the Anaheim Municipal Code pertaining to removal of closed service
stations, an unsubordinated agreement shall be recorded with the Office of the Orange County
Record,~r agreeing to remove the service station structures in the event that the service station is
ciosed fo~ 2 period of twslve (12) consecutive months. A servlce stalion shall be considered
closed duriny any month +ri whir,h it is operi for less than fikeen (15) days. A copy of lhe recorded
agreement shall be subrr(tted to the Zoning Division within sixty (60) days from the date oP this
resolution.
22. That subject propert~r :~;hall be developed substantially in accordance with plans and specifications
submitted by the peiiEiuner and which plans are on file with the Planning Departmant marked
Exhibit Nos. 1 through 10; provided, however, that wall signage shall compiy with the applicable
Zoning Code standards.
23. That approval of this appiication constitutes approval of the proposed request only to the ex:ent
that it compiies w~~!- fhe Anaheim Municipal Zoniny Code and any other applicable City, State and
Federal rec~ulat(ons. Approval does not include any action or findi~;gs as to compiiance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
24. That within forty five (45) days from commencement of construction activities to replace the
underground tanks and/or to remodel the pump island canopy or building, or prior to final building
and zoning inspections, whichever occurs first, lhe existing nonconforming pole sign shall be
removed and/or replar,ed with a new Anaheim Resort m~nument sign.
BE IT FURTHER RESOLVED that the project authorized by this conditional use permit
shall commence within one (1) year from the date of this resolution, in accordance ~vith Section
18.03.090.020 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this resolution is ey~ressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should ny such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any Court of competent jurisdict(on, then this
Resolution, and any approvals herein contained, shal be deem dnu~l and void.
THE FOREGOING RESC~~~,Ff~]J as adopte at the Planning Commission meeting of
September 28, 1998. ~ ~ (,~ ~ /
A'ITEST:
(l~l.~.t~a 2.~.~~wi~6-~
SEC~ETr~RY, AN,~IEIM CITY PLANNING COMMISSiON
CR3438PK.DOC -4- PC98-150
STA7E QF CALIFORNI,'~ ~
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Mar~arita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed a~d adopted at a meeting of the Maheim City Planning
Commission held on September 28, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
NOES: COM~:4ISSIONERS: NONE
ABSENT:COMMISSIONERS: WILLIAMS
Q ~-~'~'~~~~ ~IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~~;~L`.c+u'u ~ 1998.
~~~ ~o~
SECRETARY,f~NAHEIM CITY PLANNING COMMISSION
CR3438PK.DOC -5- PC98-150