Resolution-PC 98-160RESOLUTION NO. PC98-160
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING AMENDMENT NO. 2 TO THE
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2
WHEREAS, the City Council adopted the Anaheim Resort Specific Plan No. 92-2 on
September 27, 1994, to provide a Iong range, comprehensive plan for future development of
approximately 549.5 acres within the Anaheim Resort. The Specific Plan includes zoning and
development sfandards, design guidelines and a public facilities plan and permi2s the development of
hotel, convention, retail and other visitor-serving uses; and
WHEREAS, the petitioner requests Amendment No. 2 to the Anaheim Resort Specific Plan
No. 92-2 Zoning and Development Standards (Section 18.48.070.050 of Chapter 18.48 of the Anaheim
Municipal Code) to add "coffee house" as a Corditionally Permitted Accessory Use in conjunction with an
automobile service station.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 31, 1998, at 130 p.m., notice of said public hearing having been duly 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 amendment and to investigate and make
findings and recommendations in connection therewith; and that said public hearing was continued to the
September 28, 1998 and the October 12, 1998 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideretion of all evidence and reports offered at said hearings, does
find and determine the foliowing facts:
1. That the petitioner proposed the following modifications to the Anaheim Resort Specific
Plan (Chapter 18.48 of the Anaheim Municipal Code) (proposed modifications are in boid italics):
(A) Modify subsection 18.48.030 (Definitions) to add a new subsection as follows:
`:015 "C" Words, Terms and Phrases
.0951 Coffee House. A building or portlon of a bullding contaTning a commerclal retall use
having a Nrimary function to se11 prepared coH'ee drinks, and coffee-related goods and
producfs to the general public, tourists, v1sltor and recreatlonaf consum~rs."
(B) Modify subsection .0505 of subsection 18.48.070.050 (Conditional Uses and Structures) to add the
following:
".0505 Automobile service stations, subject to the requirements of Chapter 18.87 entitled, "ZONING
CQDE-CRITERIA AND DF_VELOPMENT STAND/~RDS FOR SERVICE STATIONS" of this Code
(except as certain associated uses are conditionally permitted or prohibited in this subsection),
provided that site development shall be governed by the provisions of this Chapter and the Design
Plan. As a condition of granting any conditional use permit for an automobile service station, the
property o~vner shall record an unsubordinated covenant against the property agreeing to remove ail
structures, including underground tanks, in the event that the station is closed for a period of twelve
(12) consecutive months or longer. A service station shall be considered closed during any month in
which it is open for less than fikeen (15) days.
CR3452MS.DOC -1- PC98-160
(a) Conditionally Permitted Uses.
(9) Tovr truck operations may be permitted in conjunction with a service station facility Subject
to the following requirements:
a) A maximum of one (1) tow truck shall be permitted.
b) When on-site, the tow truck shall be screened from view of the pubiic right-of-way at
ail times.
c) All vehicles towed to the site shall be stored indoors in a service bay. Under no
cirr,umstances shall outdoor storage of the towed vehicies be permitted.
d) No additional signage advertising tow truck operations shall be permitted.
(2) Coffee Houses may be permitted as an accessory use in conjunction with a service
stafion facility subject !o the following requirements:
a) The primary products to be sold af Coffee Hovses are coffeQ drinks and coffee-
related products such as coffee beans, coffee mugs and other coffee-relafed
merchandise, bakery items, fresh fruit, smoothies, boftled soda/water/juices
and prepared sa/ads and sandwlches.
b) The sale of the following ltems shall be prohibifed: alcoho/ic beverages,
fountain drinks and tobacca products.
(b) Prohibited Uses. Under no circumstances shall the following uses be permitted in conjunction
with any service station facility: _
(1) The sale of alcoholic beverages for on-premises or off-premises consumption.
(2) Convenience marhets or mini-markets.
(3) Rental and/or dispiay of utility trailers or trucks.
(4) Tow truck operations not in compliance with subparayraph .0505(a) above °
2. That the adopted Specific Plan specifically prohibits convenience markets, either stand-
alone or in conjunction with an automobile service station, and the proposed use, for all intents and
purposes, is the same type o( use as a convenience market in an automobile service station;
3. That the proposed amendment would not enhance the Anaheim Resort nor would it be
consistent or compatible with the goals and policies of the General Plan and Anaheim Resort Specific
Plan and with lhe purposes, standards, and land use guidelines therein;
4. That based upon the information submitted by the applicant (including a letter dated
April 15, 1998 (along with a preliminary site plan) and a letter dated September 14, 1998), it has not been
demonstrated that the proposed amendment would result in development of desirable character which
would be compatible with existing or permitted devel~pment in lhe surrounding area; and,
5. That the Specific Plan currently provides for a balance of land uses without the proposed
amendment (a use such as a coffee house is currently allowed in connection with a restaurant, hotel or a
specialty retail center).
6. That two (2) people indicated their presence at said public hearing in opposition; and that
r,orrespondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the proposed Specific Plan
Code AmendmenYs environmenta! effects are within the parameters, assumptions and time frames
analyzed in the previousiy-certified Environmenfal Impact Report No. 313 for the Anaheim Resort Specific
Plan, and therefore, determines that previously-certified Environmental Impact RepoR No. 313 is
adequate to serve as the requiri;d environmental documentation for lhe subject request.
NOW, THEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does
hereby deny the petitioner's request to amend the Anaheim Resort Specific Plan Zoning and
Development Standards to add a"coffee house" as a Conditionally Permitted Accessory Use in
conjunction with an automobile service station.
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THE FOREGOING RESOLUTION v dop , a the anning Commission meeting of
October 12, 1998.
W
CHAIRPERS AH IM CITY PLANNING COMMISSION
A'fTEST:
~~ ~0(,0(~l.~'
SECRETARY, t AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 12,1998, by the following vote of the memt~ers thereof:
AYES: COMMISSIONERS: BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSiONERS: BOSTWICK, BOYDSTUN
ABSENT: COMMISSIONERS: ESPiNG
6`~:tUU~iuN WITNESS WHEREOF, I have hereunto set my hand this a7~ day of
, 1998.
,
~h.~. ) (~c.Q-~
SECRETARY, AN EIM CITY PLANNING ~OMMISSION
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