Resolution-PC 98-175RESOLUTION NO. PC98-S75
A RESOLUT~ON OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4057 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Usz Permit for certain real property situated in ihe City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BQOK 113, PAGES 21 AND 22 O(= PARCEL
MAPS,IN THE OFFICE OF THE COUN7Y RECORUER OF ORANGE COUNTY,
CALIFORNIA
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on November 9, 1998 at 1:30 p.m„ notice of said public hearing having been duly
given as required by law and in accordance with tha provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consi~er evidence for and against said proposed conditional use permit and to
investigate and make findings and rscommendations in connection therewith; and that the hearing was
continued from the meetings of September 28, October 12 and October 26, 1998; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at safd hearing,
cloes find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.070, 18.44.050.195 and 18.44.050.300 to construct a 4,183
sq.ft. service station with convenience market and integrated fast food restaurant with a drive-through
iane, and waivers of the following:
(a) Sections 18.06.050.0225 - Minimum number of oarkina spaces.
18.06.050.0233 50 required; 43 proposed and concurred with by
and 18.44.066.050 the City Tra~c and Transportation Manager)
(b) Sections 18.05.093.010 - Permitted number of freestandina siqns.
and 18.44.067
(c) Sections 18.05.064.OtZ5 - Permitted tvaes of siQns,
and 18.44.067 (roof siQns prohibited; 6 roof sians proposed)
(d) Sections 18.06.(?i0.020 - Minimum drive-throuah Iane reauirements.
and 18.44.066.020 '-
(e) Sections 18.44.063.050 - Minimum landscaoinq adiacent to interior
and 18.87.030.072 boundary lines.
2. That this 4,183 sq,ft. service station with convenience market was inadvertently
advertfsed as 4,807 sq.ft.
3. That waiver (a), minimum number of parking spaces is hereby approved on the basis that
a parking study recomm2nding 43 parking spaces was approved by the City Traffic and Transportation
M~nager, and on the basis of the analysis described in Itern 2, Paragraphs (16) and (17) of the Staff
Report to the Planning Commission dated November 9, 1998.
CR3472PK.DOC -1- PC98-175
4. That the parking waiver, under the conditions impased, wili not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to acc~mmodate
all vehicles attributable to the use under the normal and reasonably foreseeabie conditions of operation.
5. That the parking waiver, under the conditions imposed, wili not increase the demand and
competition for parking spaces on the public streets in the immediate vicinity of the proposed use.
6. That the parking waiver, ~nder the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity oF the proposed
use (which property is not expressly provided as parking for such use under an agreement in compiiance
with Section 18.06.010.020 of this Code).
7. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
8. That waivers {b), (d} and (e), permitted number of freestanding signs, minimum drive-
through lane requirements and minimum landscaping adjacent to interior boundary lines, are hereby
denied on the basis that the~ were deleted following public notification.
9. That waiver (c), permitted types of signs, is hereby denied on the basis that there are no
special circumstances appficable to the property such as size, shape, topography, location or
surroundings to justify 6 roof signs, which are specifically prohibited by Code; and, further, that any
waiver granted pertaining to this requirement would grant a speciai privilege not enjoyed by other
properties in the immediate viciniry.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That ihe Anaheim
City Planning Commission has reviewed the proposal to construct a 4,183 sq.ft. service station with
convenience market and integrated fast food restaurant with a drive-ihrough lane, and waivers of
minimum number of parking spaces, permitted number of freestanding signs, permitted types of signs,
minimum drive-through lane requirements, and minimum -andscaping adjacent to interior boundary lines
on 0.92-acre rectangularly-shaped property located at the northwest corner of La Palma Avenue and
Magnolia Avenue with frontages of 150 feet on the north side La Palma Avenue and 205 feet on the west
side of Magnolia Avenue (1101 North Magnolia Avenue); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgement of the lead agency and
that it has considered the Negative Deciaration together with any comments received during the public
review process and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT 12ESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, 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 general welfare of the Citizens of the City of Anaheim:
1. That any tree or other Iandscaping pianted on-site shali be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
2. That final building elevations, canopy elevations, landscaping and Iighting plans shall be submitted
to the Zoning Division for review and approva~ by the Redevelopment Commission prior to
consideration (review and approval) by the Planning Commission as a"RoHORS and
Recommendations" item. The lighting pian for this facility shail also be subject to the rev!ew and
approval of the Community Service Division of the Police Departmen:
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3. That the existing freestanding sign at the corner of Magnolia Avenue and La Palma Avenue shali be
removed. Finai sign plans shall be submitted to the Zoning Division for the review and approval by
the Redevelopment Commission prior to consideration (review and approval) by the Planning
Commissiori as a"Reports and Recommendations" item. The sper,ific location of the freestanding
monument signs adjacent to Magnolia Ave~ue and La Palma Avenue shall be subject to the rt~.view
and approval of the City Tra~c and Transportation Manager for line-of-sight considerations. Roof
signs shall not be permitted.
4. That the locations for future uti~ity devices including, but not limited to, electrical transformers, wa2er
back flow devices, gas, communications and cable devices, etc., shall be shown on plans
submitted for bui~ding permits. The plans shall also identify the specific treatment of each device
(i.e., landscape screening, color of walls, materials, identifiers, access poinis, etc.) and shall be
subject to the review and approval by the appropriate City departments.
5. That trash storage area(s) shall 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 area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from gra~ti opportunities by the use of plant materials such as clinging vines_or tall
shrubbery. Said information shall be specifically shown on the plans submitted for Streets and
Sanitation Divisian approval.
6. 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 Division, for review and approval.
7. That an on-site trash truck turn-around area shali be provided in conformance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Pubiic Works Department, Streets
and Sanitation Division. Said turn-around area shall be specificaily shown on plans submitted for
building permits.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locatio~~s. Subject property shall
thereupon be developed and maintained in conformance with said plans.
9. That all driveways shall be constructed with ten (i0) foot radius curb returns as required by the City
Engineer and in conformance with Engineering Standard No. 137.
10. That the drive-through lane shall be reviev/ed and approved by the City Traffic and Transportation
Manager.
11. That vehicular access rights to Magnolia Avenue and La i'alma Avenue have been released and
relinquished to the City of Anaheim. Therefore, prior to issuance of a building permit, the legal
property owner shall submit an abandonment ap~licaticn to the Department of Public Works, Rea!
Property Section, and shall obtain permission to construct the driveway approaches on Magnolia
Avenue and La Palma Avenue as shown on the site plan. The request will be considered by the
City Council at a public hearing.
12. That the parking lot serving the premises shall be equipped with lighting of su~cient power to
illuminate and make easily discerniblo the appearance and conduct of ail persons on or about the
parking lot. Said lightinc~ shall be dlrpeted, positioned and shielded ;n such a manner so as not 40
unreasonably illuminate the window areas of adjacent properties. Said lighting information shall be
spec3fied on plans submitted for building permits.
13. That the appllcant shall be responsible for maintaining the premises free of litter at all times.
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14. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property. ,
15. That any public telephones proposed on-site shall be located inside the convenience markat.
16. That all trash generated by th~s convenience market shall be properly contained in irash bins
contained 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 removai of
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine the need for additionaf bins ar additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid for by the business owner.
17. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside
the building.
18. That prior to commencing operation of this business, valid business lic~nse(s) shall be obtained
from the City of Anaheim Business License Division.
19. That any roof-mounted eyuipment shall conform with the requirements of Anaheim Municipal Coda
Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be
specifically shown on the plans submitted for building permits.
20. That deliveries of fuel shall take place only during off or non-peak businesses hours.
21. That street lights shall be installed adjacent to La Palma Avenue and Magnolia Avenue by the
developer as required by the Electrical Engineering Division of tne Public Utilfties Department.
22. That the legal property owner shall provide the City of Anaheim with a publlc utility easement, which
will be deterrrined when electricai design is completed. Said easement shall be submitted to the
Electricai Eiigineering Division of the Public Utilities Department.
23. That any necessary relocation of existing power facilities or street lights shall be at the expense of
tne developer.
24. That a minimum three (3) foot high landscaped earthen berm shall be incorporated into the entire
length of the landscaped setbacks adjacent to Magnolia Avenue and La Palma Avenue. Said
information shall be specificaliy shown on plans submitted for building permits.
25. That no sale of any alcoholic beverages, including beer and wine, shall be permitted on this
praperty.
26. That the exist?ng twenty five (25) foot high freestanding pole sign shail be removed.
27. That twenty four (241 inch box sized street trees shall be planted in the right-of-way areas along,
an~i immediately adjacent to, Magnolia Avenue and La Palma Avenue in accordance with City
standards.
28. That the location of any above-ground exhaust vents fn conjunction with the service statlon shall be
shown on plans submitted for building permits. Said plans shall also identify the specific treatment
of each vent (i.e., landscape screeninc~, color of vents, materials, etc.) and shall be subject to the
review and approval by the appropriate City departments.
29. That signac~e for subJect facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission; provided, however, that roof signs shall
not be permitted. Any additional sfgnage shall be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
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30. That the subJect properly shall be developed substantially in accordance with ptans ~nd
specifications submitted to tiie City of Anaheim by the petitioner and wh(ch plans are on file with the
Planning Department marked Revisior~ No. 1 of Exhibit Nos. 1, 2, 3 and 4, and Exhibit Nos. 5, 6 and
7, and as condiEoned herein; provided, howeve~•, that roof signs shall ~t be permirted.
37. That prior to issuance of a bu~l~'ng permit or within a periad of one (1) year from the date of this
resolution, whichever occurs first, Condifion Nas. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 19, 22, 23, 24, 26
and 28, above-mentioned, shall be complied with. Extens(ons for fiurther time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
32. That prior to final building and zoning inspections, Condition Nos. 9, 21, 27 and 30, above-
mentioned, shall be complied with.
33. That approval of this application constitutes approval of the proposed request on(y to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approvai does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
34. That sale of propane gas shall io be permitted.
35. That the granting of the parking waiver (a) shall be deemed contingent upon operation of the
approved use in conformance with the assumptions relating to the operation and intensity of the use
as contained in the parking demand study that formed the basis for approval of said waiver.
Exceeding, violaiing, intensifying or otherwise dovf~ting from any of said assumptions as contained
in the parking demand study shall be deemed a violation of the express conditions fmposed upon
said lermination or modification pursuant to the provi~ions of Section 18.03.091 and 18.U3.092 of
the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anahefm City Planring Commission does hereby
find and determine tliat adoption of this Resolution is expressly predicated upon appiicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared (nvalid or unenforceable by the Fnal judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed nuil and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 9, 1998.
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CHAIRP RSON PRO-TEMPOR ,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
;9 ^.~-t~~.-~u-. `~~-ct-.~a~.....c~' :a~,...~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF dR.4NGE ) ss. -
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolut?on was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 9, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMfviISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this a~ day o°
~~+.e~ , 1998.
Qi s.hoS..n..~-.-~ ~.,.~~^-r..~/
SECRETARY, ANAHEIM CITIr' PLANNING COMMISSIQN
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