Resolution-PC 98-169RESOLUTION NO. PC98-169
A RESOLUTION OF 7HE ANAHEIM CITY PIANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERNIT NO. 4069 BE GRANTED
WHEREAS, the Anaheim City Planning Commiss(on did receive a verified Petition for
Conditional Use Permit for certain reai prop2rty situated in the City of Anaheim, County of Orange, State
of California, described as:
BYRON A. DAHL AND LUETTA F. DAHL, HUSBAND AND WIFE, AS COMMUNITY
PROPERTY, AS TO AN UNDiVIDED ONE-HALF INTEREST, AND BASIL F. DAHL, AN
UNMARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED
ONE-HALF INTEREST, SUBJECT TO ITEM NOS. 10,11, 12 OF THIS REPORT.
PARCEL 1:
THE NORTH 150.25 FEET OF THE EAST 210.25 FEET OF LOT 4 OF THE ORCHARD
PARK TRACT, IN THE CIIY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 6, OF MISCELLANEOUS_
MAPS, IN THE OFFICE OF THE COUNTY REGORDER OF SAID COUNTY.
EXCEPTING THEREFROM l'HE NORTHERLY 5.25 FEET OF THE NORTH 150.25 FEET,
CONVEYED TO THE CITY OF ANAHEIM FOR WIDENING SOUTH STREET, BY DEED
RECORDED DECEMBER 9, 1912, IN BOOK 224, PAGE 110, OF DEEDS.
ALSO EXCEFTiNG THEREFROM THE NORTH 150.25 FEET OF THE EAST 155.25 FEET
OF LOT 4 OF ORCHA~,D PARK TF2ACT, IN THE CITY OF AIvAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 6 OF
NiISCGLLANEOUS MAPS, IN THE OFFICE OF THE COUNTY F'~^ORDER OF SAID
COUNTY.
PARCEL 2:
THE NORTH 150.25 FEET OF THE EAST 155.25 FEET OF LOT 4 OF THE ORCHARQ
PARK TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECURDED IN BOQY. 7, PAGE 6, OF MISCELLANE~JUS
MAPS, IN THE OFFICE OF THE COUNTY REi;ORDER OF SAI~ COUNTY.
EXCEPT THE NORTHEASTERLY 5.25 FEET OF SAID NORTH 150.25 FEE7, CONVEYED
TO ?HE CITY OF ANAHEIM FOR WIl7ENIMG 50UTH STREET, BY DEED RECORDED
DECEMBER 9, 1912, fN SOOK 224, PAGE 11U OF DEEDS.
PARCEL 3:
THE EASTERLY 210.00 FEET OF LOT 4 OF THE ORCHARD PARK TRACT, AS SHOVJN
L.N A MAP THEREOF RECORUED IN BOOK 7, PAGE 6, OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THE NORTHERLY 150.25 FEET THEREOF, ALSO EXCEPT
PARCEL NO. 036-183-33
WHEREP.S, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 26, 1998 at 1:30 p.m., notice o~ said public hearing having been duly
given as required by law and in accordance with the provisions of tne Anaheim Municipal Code, Chaptor
18.03, to hear and consider evidence for 3nd against said proposed conditional use permit and to
investigate and make findings and recommendstions in connection therewith.
WHEREAS, said Commission, after due inspection, in•restigation and study made by
CR3464PKDOC -1- PC98-169
itself and in its be` ^;F, and after due consideration of aIl 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 18.44.050.070, 18.44.050.080, 18.44.050.193 and 18.44.050.195 to
demoiish an existing I(quor store and construct a service station with a 1,925 sq.ft. convenience market
with retail sales of beer and wine for off-premises consumption and a 920 sq.ft, drive-through self service
car wash, with waiver of the following:
Section 18.44.062.011 - Maximum structural heiqht abuttinq a residential zone.
(5-foot high car wash permitted when located 10 feet from RS-A-43,000
"Residential/Agricultural" zoning;
13.5 feet proposed from the south and west property lines)
2. That the proposed 1,925 sq.ft. convenience market was inadvertently advertised as 1,998
sq.ft.
3. That there are special circumstances applicabie to the property consisting of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity because although
the property to the south 2nd west is zoned r2sidentially (f2S-A-43,000), it is developed with a church
which is an institutional use; and that landscaping enhancements are being provided in excess of Code
requirements to screen the car wash tunnel from the adjacent church.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
5. That !he proposed use will not adversely affect the adjuining land uses and the growth
and development of the area in which it is proposed to be located because a service station was
previously established on this site and there are many commercial uses in the immediate vicinity.
6. That the size and shape of the site for the proposed use is adequate to allow the full
development of the prop~sed use in a rnanner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
7. That the traffic generated by the proposed use will n~t impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area because on-site parking is
provided in excess of Code requirements and two existing driveways will be ciosed and removed.
8. That granting of this cor~ditional use permit, under the conditions imposed, will not be
detrimental to the peace, heaith, safety and generai welfare af the citizens of the City of Anaheim.
9. That one person was present at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission
has reviewed the proposal to demolish an existing liquor store and construct a service station with a 1,925
sq.ft. convenience market with retail sale of beer and wine for off-premises consumption and a 920 sq.ft.
drive-through self service car wash, with waiver of maximum structural height abutting a residential zone
on a rectangularly-shaped 0.8-acre property Iocate~ at the southwest corner of South Street and Harbor
Bouievard, having frontages of 190 feet on the south side of South Street and 185 feet on the west side of
Harbor Boulevard (8Q1 South Harbor Boulevard and 510 West South Street); and does hereby approve
the Negative Declaration upon f~ding that the declaration reflects the independentjudgement of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the Lasis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on ihe environment.
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NOW, TNEREFORE, IiE IT RESOLVED that the Anaheim City Planning Commission
does hereby ;;- ,nt subject Petition for Conditionai Use Permit, 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 safety and generai welfare of the Citizers of the City of Anaheim:
1. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 774 (to permit a senrice station within 75 feet of a
residential zone and not located at the intersection of two arterial highways).
2. That the retail sale of beer and wine portion of this use permit shall expire one (1) year from the
date of issuance of an occupancy permit for the convenience market.
3. That the sale of beer and wine shall be permitted only between the hours of 8 a.m, to 12 a.m.
4. That no video, electronic or other amusement devices or games shall be permitted.
5. That, in conformance with Anaheim M~nicipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the OfficP of the
Orange County Recorder agreeing to rernove the service station structures in the event that the
station is closed for a period of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less than fifteen (15} day~. A copy of
the recorded agreement shall be submitted to lhe Zoning Division.
6. That no propane tanks shall be permitted.
7. That trees shall not be unreasonebly trimmed to afford increased visibility of the facility.
8. That roof-mounted balloons or other similar devices shall be prohibited.
9. That the numerical address shall be provided on the roof in contrasting colors in a manner not
visible to the street, and to the satisfaction of the Anaheim Police Department.
10. That prior to commencing operation of these businesses, a valid business license shall be obtained
from the Dusiness License Division of the City Finance Department.
11. That any on-site telephones(s) shall be located inside the convenience store building.
12. That final architectural and sign ~lans shall be submitted to the Zon(ng Division for Pianning
Commission review and approval as a"Reports and Recommendations" item.
13. That window signs shall be prohibited.
14. That xhe submit!pd monument sign plan shall be modified to remove the address from the base of
the sign and place the numerical address on the sign in a location identified by the "Loning Division.
Said information shall be shown on the plans submitted to the Zoning Division for Commission
review as a"Reports and Recommendations" item.
15. That an inventor~ of retail sales items (not inciuding beer, wine, fuel or automotive products)
exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises.
16. That receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of ail retail
sales during any twelve (12) month period.
17. That no display of beer or wine shall be located outside the building or within five (5) feet of any
public entrance to the building.
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18. That the area(s) of beer or wine display shall not exceed twenty five percent (25%) of the total
display area in !he convenience market building.
19. That cold beer or wine having a temperature below sixty five d2~rees (65°) Fahrenheit shall only be
sold from, or displayed in, permanently affixed coolers for the cooling and storage of all refrigerated
products.
20. That no advertising of beer or wine shall be located, placed, audible to, or attached to any location
outside the interior of the convenience market building; and that any such adverEising shalf not be
visible to anyone outside the building.
21. That the safe of beer and wine shall be made to customers only when the customer is inside the
convenience market building.
22. That no person under twenty one (21) years of age shail sell or be permitted to sell any beer or
wine.
23. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displaved inside the convenience market building for
every three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs
to discourage driving a vehicle whiie under the influence of drugs or alcoholic beverages shall be
prominently displayed inside the buiiding.
24. That the operator of the service station shall participate in, aid and support educational and other
programs intended to reduce driving while under the influence of drugs or alcoholic beverages.
25. That all trash generated by this convenience market shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall 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 (Planning Department) shall determine
the need for additional bins or additional pick-up. All cost for increasing the number of bins or
additional frequency of pick-up shall be paid by the business owner.
26. That any roof-mounted equipment shall be subject to the screening requirements specified in
Anaheim Municipal Code Section 18.44.030.120. Such information shall be specifically shown on
the plans submitted for building permits.
27. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application.
28. That the front landscaped setback {outside of the ultimate right-of-way) shall include a landscaped
earthen berm (minimum three (3) feet high) and shall be planted and irrigated with minimum twenty
four inch (24") box sized treES located on maximum twenty (20) foot cente~ a; provided, however,
that ;he City Traffic and Transportation Manager may modify this requirement to ensure adequate
vehicular and pedestrian visibility. Said landscaping shall be submitted to the Zoning Division
(Planning Department) for review and approval prior to submittal of the plans for building permits.
29. That the landscaped areas within th2 dedication a; ea (ultimate street rights•of-way) shal! be
properly maintained by the property owner until such time that the street ;s widened.
30. That clinging vines shall be planted un maximum three (3} foot centers against al~ screen walls and
fences, including the trash enclosure. Said landscaping shall be specifically shown on plans
submitted far building permits.
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31. That the trash enclosure, as proposed, shall be relocated to provide adequate trash truck turn-
around; and that the rash storage area(s) shali be provided and maintained in location(s) -
acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance
with approved plans on file with said department. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from adjacent streets or highways. The walls ot
the storage areas shall be protected from gra~ti opportunitias by the use of plant materials such a:.
ciinging vines or tall shrubbery. Said information shall be specificaily shown on the plans submittcr~
for building permits.
32. That a plan shest for soiid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
33. That an on-site trash truck turn-around area shall be pravided in accordance with Engineering
Standard Detail No. 610 and maintained to lhe satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
34. That the developer shall pay the Sewer Deficiency Fee for the Old Town Basin 8 sev~er area.
35. That the car wash shall utilize a recycled water system. 7he car wash system shall discharge to
the sanitary sewer system between the hours of 10 p.m. to 7 a.m. only. This limitation shall be
noted on the building site plan and plumbing plans. Said information shail be specifically shown on
plans submitted for building permits.
36. That the legal property owner shall submit evidence to the Public Works Department, Development
Services Division, that the site is a legal parcel of record as defined by the Subdivision Map Act. If
the site consists of more than one (1) legal parcel, the property owneddeveloper shall submit a lot
iine adjustment plat (to merge the parceis) for review, approval and recordation prior fo issuance of
a building permit. If the site is not a legal parcel, the developer shall submit a Certificate of
Compliance for review and approval by the City Engineer.
37. That the legal property owner shall provide the City of Anaheim with an easement for public utility
purposes, with the width and location to be determined by the Public Utilities Department when
electrical design is completed.
38. That the cost of any necessary relocation of existing power poles or street lights shall be at the
developer'a expense.
39. That this property shall be served with undergrr,~nd utilities in accordance wilh the Electrical Rates,
Riales and Rzgulations and the City of Anaheirn Underground Policy. The most current fees shall
apply.
40. Ttiat this project has landscaping areas exceeding twenty five hundred (2,500) sq.ft. and, therefore,
a separate irrigation meter shall be installed tc compiy with Chapter 10.19 of Anaheim Municipal
Code and Ordinance No. 5349.
41. That the car wash shall comply with all state laws and local ordinances for water conservation
measures. Voiuntary water conservation strategies shall be encouraged.
42. That only one (1) driveway shall be permitted on South Street and on Harbor Boulevard. Said
information shali be specifically shown on plans submitted for building permits.
43. That plans shall be submitted to the City Tra~c and Transportation ~Aanager for review and
approval showing conformance with the most r•urrent versions of Engineering Standard Plan Nos.
436, 602 and 607 pertaining to parking standard~ and driveway localio~s (driveways shall be as far
as possible from the inlersection). SubJec'. properiy shall thereupon be developed and maintained
in conformance vvith said p:~ns.
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44. That all drive~nrays shail be constructed with ten (10) foot radius curb returns as required by the City
Engin~er in conformance with Engineering Standard No. 137.
45. That during business hours of subject facility, the men's and women's restrooms shall be avaiiable
to the public and shall be properly suppiied and maintained.
46. That no outdoor vending machines or water machines shall be located so as to be visible to the
public rights-of-way.
47. That ttie car wash drive-through lane shal! be reviewed and approved by the City Tra~c and
Transportation Manager.
48. That Iighting pians shall be submitted to the Community Services Division, Police Department, for
2pproval of the lighting to be installed on-site.
49. 7hat the hours of operation for the car wash shall be limited to 7:00 a.m. to 7:00 p.m. daily.
50. That no outdoor storage, display or sales of a.ny merchandise or fixtures shall be permitted outside
the building.
51. That the locations for future utiiity devices including, but not limited to, electricai transformers, water
back flow davices, gas, communications and cable devices, etc., shall be shown on the plans
submitted for b~:~Iding permits. Plans shall also identify the specific treatments of ea~ti device (i.e.,
landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject
to review and approval by the appropriate City departments.
52. That lhe roll-up car wash doors shall be painted to match the exterior of the building. Said
information shall be specifically shown on plans submitted for building permits.
53. That satisfactory evidence shall be submitted to the Building Division showing that the proposed car
wash is in conformance with the requirements of Chapter 6.7 "Sound Pressure Levels."
54. That beer shall no; be sold !n packages containing less than a six (6) pack, and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
55. That signage for subject faciliry shall be limited to that which is shown on the exhibits submitted by
the petitioner. Any additionai signage shall be subject to approva; by the Planning Commission as a
"Reports and Recommendati~ns" item.
56. Thet subject property sh~ll be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the P~anning
Department marked Exhibit Nos. 1 thmugh 5, and as conditioned herein.
57. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 5, 12, 14, 26, 28, 30, 31, 32, 33, 34, 35, 36, 37,
38, 39, 42, 43, 47, 48, 51, 52, 53, 55, 62 and 63, herein-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be g~anted in acco~ ~ance with Section
18.03.090 of the Anaheim Municipal Codo. Furlher, if an extension of time is requested for the
alcohol sales portion cf this request, it shall be considered at a noticzd public hearing.
58. That prior to final building and zoning inspections, Condition Nos. 9, 23, 30, 40, 44 and 51,
abuve-mentioned, shall be complied with.
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59. That approvaf of this application constitutes approval of the proposed request only to the extent that
it complies :4rith ±.".~ Anaheim Munic(pal Zoning Code and any other applicabfe City, State and
Federal regulations. l~pproval does not inciude any action or findings as to compliance or approval
of the request regarding ~ny other applicable ordinance, regulation or requirement.
&0. That ap~rova~ for the off-premises sale c;i beer and wine shall terminate on October 26, 19y9, if the
,~~pp?icant has not purchased a sufficient number of existing active and operating Alcoholic Beverage
Contrbl jA8 ~) licenses within the same census tract (reporting district) prior to said date such ihat
tFe to~ai number e` iicenses In ths census tract is reduced to tEn (10) licenses. The purchase
agreements ~,hali effectively require that lhe previous owners of the permits and the owners of the
~ro~eriies vr~e~e fhe permits were praviously IocaYed will refrain from applying for new licenses or
for !he transfer of existing licenses within the same reporting district for a period of ~inety (90) days
follc::w~ r~ thc pffective date of the transfer of the permit to the applicant. The purchase agreements
shall provide 4i~at the City of Anaheim is a third party beneficiary for the purpose of enforcing the
applicaiion re~ ir~r„ion. A copy of the purchase agreement shall be provided to the Zoning Division.
~~o sale of beer and/or wine for off-premises consumption shall be permitted on the property unless
and until the appiicant has purchased an existing and active ABC Iicense within the same census
tract na Pater than October 26, 1999. '
61. That the exhaust vents for the gasoline station tanks shall be located at the rear of the property.
62. That final building elev2tions shall be submitted to the Zoning Division for review and approval by the
Planning Commission as a"Fte;.•2; 3s and Recommendations" item.
63. That the under-side of the canopy shall be reduced to fiff~en (15j feet, red~cing the overall heiyht tu
not more than twenty four (24) feet. This information shall be specifically shown on the plans
submit4ed for building permits.
64. That the prpposed Cypress trees along South Street shall be planted on maximum three (3) foot
centers.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon appl(canYs compliance
with each and all of the conditions hereinabove set forth. Shauld any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of cornpetent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null nd void.
THE FOREGOING RESOLUTION wa adqp~d.at he ar,r~tog Commission meeting of
October 26, 1998. / / ,
CHA~~~~ N~ M CITY PLANNING COMMISSION
ATl'EST:
~~~
SECRETAR , ANAHEIM CITY PLANNfNG COMMI~ ~ION
-%- PC98-169
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anahefm City Planning Commission, do hereby cercify
fhat the t`oregoing resolution was passed and adopted at a meeting of the Anaheim Cify Planning
Commission held on October 26, 1998, by the followfng vote of the members thereof:
AYES: COMMISSIONERS: BOSTJVICK, BOYDSTUN, BRISTOL, E~PING, KOOS, NA?OLES,
NOES: COMMISSIONERS: NO~;E
ABSEN7: COMMISSIONERS:WILf_IAMS
~ I ~lN WITNESS WHEf2EOF, I have hereunYo set my hand this .Gc~~ day of
CJ2r~C,_, 1998.
~~ 0~(0(~c8~
SECRETA , ANAHEIM CITY PLANNING COMOAISSION
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