Resolution-PC 99-143RESOLUTIOPJ NO. PC99-143
A RESOLUTION OF THE ANAFi~IM CITY PLANNING COMMISSION
THP.T PETITION FOR CONUITIONAL USE PERMIT N0. 4128 BE GRANTED, IN PART
WHEREAS, the Anaheim City Plann;ng 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:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
S~UAi~TER OF SECTION 8, TONJNSHIP 4 SOUTH, RANGE 10 WEST, SAN
SERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM,
DESCRIBED AS FOLLOV4S:
SEGINNIN~ AT A POINT ON THE WEST LINE OF SAID NORTHWEST
QUARTER 306.92 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER, THENCE NORTH ALONG SAID WEST LINE 167.75
FEET, MORE OR LESS, TO A POINT 16 FEET SOUTH OF THE LINE UF THE
NORTH ?_5 ACRES OF THE SOUTHWEST ~UARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 8; THENCE EAST, PARALLEL WITH SAID
50lJTH LINE OF SAID NORTH 25 ACRES, 238 FEET; THENCE SOUTH,
PAF2ALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, 168.15
FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO
FRANCES L. ~ACNEILL BY DEED RECORDEa JANUARY 21, 1938, IN BOQK
924, PAGE 176 OF OFFICIAL RECnRDS; THENCE WEST ALONG 7HE
NORTH LIME OF SAID LAND CON !EYED TO MCNEIL!., 238 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 2, 1999 at 1:30 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 conditional use permit and to investigate and
make findings and recommendations in connection therewitlr and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of aii evidence and rscorts offered at said hearing, does find
s~d determine the foilowing facts:
1. That the proposed use fs properiy one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.070, 18.44.050.080, 18.44.050.135, 18.44.050.195 and
18.44.D50.300 to permit a 10-unit commercial retail center including a detached ciock tower, service
station with car wash and convenience market, and a separate drive-through fast food restaurant with
waivers of:
(a) Sections 18.04.080.010
18.04.080.080
and 18.44.10J
(b) Sections 18.04.080.020
18.04.080.080
and 18.44.100
Reauired dedication of riaht-of-wav.
30 feet required for Gramercy Avenue;
23 feet proposed)
Reaufred imorovement of riaht-of-wav.
(7-foot landscaoed aarkwav and 5-foot sidewalk
required alorg Gramercy Avenue;
4- foot landscaoed oarkwav proposed)
Cr3706pk.doc -1- PC99-143
(c) Sections 18.0~.094.030
and 18.44.067
(d) Sections 18.06.070.020
and 18.44.066
(e) Sections 18.06.050.020
and 18.44.066.050
(~ Section 18.44.063.020
- Permitted location of monument sians.
(minimum 120-foot setback from interior property line
required; none proposed from south property line)
- Minimum drive-throuah lane reauirements.
100 feet required between the ordering device and the
service window; 80 feet proposed)
- Minimum number of oarkina suaces.
- Minimum landscaoe setback,
5 feet required adjacent to Gramercy Avenue;
none propesed for a portion of Gramercy Avenue)
2. That waivers (a) and (b), required dedication and improvement of the public rigl~t-of-way,
are hereby approved on the basis that there is no reasanable relationship between the need for the
required dedication and improvements and Lhe type of development project on which s~ch requirements
are imposed.
3. That waiver (c), permitted location of monument signs, is hereby approved based on the
property's entire south property line abutting a flood contro~ channel (Carbon Creek Channel) instead of a
developabie parcet, which would be typical for an interior property line; and that the proposed location of
the monument sign is necessary bPCause the flood control channel extends diagonally to the southwest
corner of the property where such sign would typicaily be located for visibiiity from the intersection of
Brookhurst Street and Crescent Avenue.
4. That waivEr (d), minimum drive-through lane requirements, is hereby approved based on
special circumstances pertaining to development of this irregularly-shaped property; and that the City
Tra~c and Transportation Managor has reviewed the proposal and determined that queuing and stacking
of cars for the drive-through will be contained on-site, thereby not imposing a traffic conflict onto any
adjacent streets and that the intent of the minimum drive-through lane requirement is thereby fulfil~ed.
5. That waiver (e), minimum number of parking spaces, is hereby denied because the need
for the waiver was deleted foilowing public notification.
6. That waiver (~, minimum landscape setback, is hereby approved because submitted
plans indicate a total of 893 feet of street frontac~e adjacent to Gramercy Avenue with only 65 feet (about
7%) consisting of hardscape enhancement instead of the required 5-foct wide landscaped setback; and
that approved plans show a 4-foot wide parkway in the right-of-way immediately adjacent to ihe proposed
hardscape area
7. That there are special circumstances applicable to the property consisting of location and
surroundings, which do not apply to other identically zoned properties in the vicinity.
8. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
9. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located, but will provide convenience and
services to the vicinity.
10. That the size and shape of the site for the proposed use is adeq~ate t~ allow fuli
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare based on the elimination of blight and the design of the proposed development.
CR3706PK.DOC -2- PC99-143
11. That the tra~c generated by the proposed use will not (mpose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area due to the conditions of
approvai and the enhanced circulation for this area.
12. That granUng of this conditional use permit, und~r the conditions imposEd, will not be
detrimental to the peace, health, safety and general welYare of the citizens of the City of Anaheim.
13. That one concemed person spoke at the public hearing and no one indicated their
presence in opposition; and that no conespondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 10-unit commercial retail center including a
detached clock tower, service station with car wash and convenience market, and a separate drive-
through fast food restaurant with waivers of required dedication of right-of-way, required fmprovement of
right-of-way, permitted location of monument signs, minimum drive-through lane requirements, minimum
number of parking spaces and minimum landscape setback on a 4.8-acre irregularly-shaped property
located at the southeast comer of Gramercy Avenue and Brookhurst Street, with frontages of 893 feet on
the south side of Gramercy Avenue and 392 feet on the east side of Brookhu~st Street (600 - 626 North
Brookhurst Street); and does hereby approve the Negative Declaration upon finding that the declaration
refiects the independent judgement of the Iead agency and that it has considered the Negative Declaration
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 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject PeGtion 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 the sale of alcoholic beverages for off-premiscs consumption is prohibited.
2. That the project approved fn connection with this conditional use permit shall be limited to ten (10)
retail tenant spaces, a service station/convenience markeUcar wash building, a fast food restaur2nt
building with a drive through lane, and a detached clock tower. Further subdivision of any building
to create additional retail space shall only be permitted after application for, and approval of, a
conditional use permit under authority of Section 18.03.030 of the Zoning Code.
3. That final plans for the service station/convenience market/car wash, (ncluding building elevations,
enhancements to the service station canopy support posts, and a car wash dry off area, shall be
submitted to the Zoning Division for Planning Commission review and approvai as a"Reports and
Recommendations" item.
4. That final landscaping plans (including specific plants and sizes; the location of all air, water and
vacuuming units and the screen(ng thereof from any public right-of-way; and large potted plants at
the ends of the gasoiine pump islands) shall be submitted to the Zoning Division for Flanning
Commissfon review and approval as a"Reports and Recommendations" item.
5. That finai restaurant floor plans shall be submitted to the Zoning Division for Planning Commission
review and approval as a"Reports and Recommendations" item.
6. That minimum twenty four (24) inch box sized trees shall bo provided in the parking lot area and
adjacent to the perimeter of this property, (ncluding a minimum of twenty (201 trees adjacent to
Brookhurst Street, forty five (45) trees adjacent to Gramercy Avenue and five (5) trees adjacent to
Valley Street. This (nformation shall be specifically shown on plans submitted for buildfng permits.
CR3706PK.DOC -3- PC99-143
7. That street trees shall be planted by the property owner in the four (4) foot public right-of-way
adjacent to Gramercy Avenue, as required by the Urban Forestry Division of the Community
Services Department The number of trees and the si~e of trees shall be provided to the
satisfaction of the Urban Forestry Division.
8. That ali landscaped planters shali be permanenUy maintained with living and healthy plants.
9. That the location(s) for future above-ground utility devices (ncluding, but not limited to, electrica~
transformers, water back flow devices, gas, communications and cabie devices, etc., shall be
shown on nlans ~ubmitted for b~ilding permits. Such plans shall also identify the specific screening
treatment o` each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, Lic.) and shall be subject ta review and approval by the appropriate City de~artments.
10. That minimum one (1) gallon sized clinging vines shall be planted on maximum three (3) foot
centers adjacent to the four (4) foot high biock wall adjacent to the southwest comer of the property.
Said information ~hall be specifically shown on plans subnitted for building permits.
11. That vine "pockets' shall be placed along the rear building walls on all portions which are visible to
the public rights-of-way. Said "pockets" shall be planted with minimum one (1) gallon sized fast
growing vines. Said information shall be specifically shown on plans submitted for building permits.
12. That during business hours of the servi~.., staUon/canvenience market, restrooms shall be available
to the public. Said restrooms shall be properiy supalied and maintained at ali times.
13. That window signs shall not be permitted at any time for the convenience market fn order to permit
and maintain unobstructed visibility into the convenience market from outside.
14. That roof-mounted flags, pennants, banners, balloons and other inflated devices shall not be
permitted.
15. That a plan sheet for solid waste storag,~ and collection and a plan for recycling shall be submitted
to the Public Works Departmert, Streets and ~anitation Division, for review and approval.
16. That an on-site trash truck turn-around area shali be provided in accordance with Engineering
Standard Detaii No. 610 and maintained to ;he satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
17. Th2t all driveways shall be constructed with ten (10) foot radius curb returns as required by the Cfty
Engineer in conformance with Engineering Standard No. 137.
18. That a five thousand dollar ($5,000) fee shall be paid to the City of Anaheim for the modification of
the traffic signal at the intersection of Brookhurst Street and Crescent Avenue to provide for
protectivelpermissive left turn phasing for east-bound and west-bound traffic on CrPSCent Avenue.
Plans showing said tra~c signal modification shall be submitted to the City Engineer for review and
approval prior to issuance of the first building permit.
19. That the developer shall instalf "no parking at any time" signs on the south sido of Gramercy Avenue
between Brookhurst Street and Vailey Street.
20. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance .vith the Engineering Standard No. 137 pertaining to sight distance
visibility ,for the signs and/or wall/fence locations.
21. The proposed CondiHon No. 21 was deleted at the Plann/ng Commisslon publlc hearing.
CR3706PK.DOC -4- PC99-143
22. That the de~•eloper shalt implement a`streetscape plan' adjacent to Brookhurst Street pursuant to
the Brookhurst Corridor Design and Planning Recommendatlons Study. Said informatlon shall be
specifically shown on ptans submitted for building permits.
23. That street Iights atong Gramercy Avenue will be required. Up to three (3) street lights are required
along Gramercy Avenue between Brookhurst Street and Valley SUeet SUeet light installation is
subject to the review and approval of the Public Works Department.
24. That the drive-through lane for the fast food restaurant shall be reviewed and approved by the City
Traffic and TransportaUon A~ianager.
25. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the cu~ent versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shatl ihereupon
be developed and maintained in conformance with said plans.
26. That the legai owner(s) of subject property shait provide the City of Anahefm w;th a pub(ic utilitles
easement as determined to be necessary when the electrical design is completed.
27. That sny required relocation of city electrical facilities shall be at the developer's expense.
28. That the business hours of operation shall be limited to the following:
Service station: 24 hours daily
Convenience market 24 hours daily
Car wash: 6 a.m. to 11 p.m. daily
Fast food restaurant: Sunday through Thursday: 6 a.m. to 11 p.m.
Friday and Saturday : 6 a.m. to 1:00 a.m,
Drive-through lane: 24 hours daily
Retail establishments: 6 a.m. to 11 p.m. daily
29. That three (3) foot high street address numbers shail be displayed on the flat area of the roof in a
aontrasting color to the rocf material, provided that the numbers shall not be visible to any neai by
street or adjacent property.
30. That fuet shall be delivered only during non-peak hours, as required by the City Traffic and
Transportation Manager.
31. That the location of any above-ground exhaust vents (n conjunction with the service statfon facility
shall'be shawn on plans submitted for buildfng permits to verify that said vants are not ~Nithin any
required setback and are as visually hidden from the public's view as possible. Safd plans shall also
fdentify the specific treatment of each vent (i.e., landscape screening, color of ~ents, materials, etc.)
and shail be subject to review and approval by the appropriate City departments.
32. That the area behind the retall bui~dings shall be gated with a"knox-box" or similar card entry
system in order to limit access to the rea~ of the buildings to authorized personnel only. The "knox-
box" or other card entry system shall be subject to review and approval by the City Traffic and
Transportation Manager. Said information shall be specificaliy shown on plans submitted for
building permits.
33. That a maximum four (4) foot high masonry block wall shall be constructed adjacent to the south
property line from the west exit of the car wash tunnel to the monument sign. The exact height af
said wall shall be subject to review and approval by the City Tra~ic and Transportation Manager to
verify appropriate Iines-of-sight. Safd information shall be specifical!y shown on plans submitted for
building permits.
CR3706PK.DOC -5- PC99-143
34. That a minimum three (3) foot high landscaped earthen berm, including a minimum three (3) foot
high hedge on top of the berm, shall be'incorporated into the entire length of the landscaped
setback along Brookhurst Street and around the fast-food drive-through lane with the exception of
ingress and egress areas. Additionally, pedestrian access shall be provided from Brookhurst Street
as ciose to Crescent Avenue as possible. Said information shall be specifically shown on plans
submitted for building permits.
35. That prior to any business commencing operation, a valid business license shall ~e obtained from
the Business License Division of the City Finance Department.
36. That trash storage areas 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 stcrage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. l'he walls of the storage areas shall be
protected from gra'ffiti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
37. That the parking lot serving these business premises shall be equipped with decorative lighting of
sufficient power tu illuminate and make easily discernible the appearance and conduct of all persons
on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a
manner so as not to unreasonably illuminate adjacent properties. Said lighting information shall be
specified on plans submitted for building permits.
38. That the proposed lighting for the subject property shall be of a decorative type specified by, and
subject to the approval of, the Redevelopment Services Division of the Community Development
Department.
39. That the deveioper shall pay the Sewer Capacity Mitigation Fee for the Anaheim Plaza Area.
40. That dense landscaping shall be provided along Brookhurst Street to adequately screen the car
wash tunnel and the restaurant drive-through lane. Said information shall be specifically shown on
plans submitted for building permits.
41. That all roof-mounted equipment shall be screened from the oublic rights-of-way and surrounding
properties in compliance with Section 18.44.030.120 of the Anaheim Municipal Code. Said
information shall be specifically shown on plans submitted for building permits.
42. That the standing seam metal roofs on the buildings shal( be maintained at all times so as not
appear or become faded or deteriorated.
43. That no car wash attendants shall be permitted for drying vehicles in connection with the self-serve
car wash.
44. That this property shall be permanently maintained in ari ~rderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
45. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove the service station structures in the event that the
station is ciosed for a period of lwelve (12) consecutive months. A service station shali be
considered closed during any month in which it is open for less than fifteen (15) days. A copy of the
ag[eement shall be submitted to !he City Attorney for review and approval prior to recordation, and a
copy of the recorded agreement shall be submitted to the Zoning Clivision.
CR3706PK.DOC ~- PC99-143
46. That no propane tanks shall be permitted.
47. That no video, electranic or other amusement devices or games shall be permitted anywhere on
subject property.
48. That no exterior vending machines shail be permitted where visible to any public right-of-way.
49. That if public telephone service is installed, the telephones shali only be installed inside the
convenience market, the re'staurant or the retail buildings.
50. That no areas shall be provided inside the convenience market for on-site food consumption.
51. That the sewer and storm drain improvements within this parcel shall be privately maintained.
52. That the maximum height of the undersid~: of the canopy shail r.ot exceed fourteen and one-h~if
(14-1/2) feet. Said information shali be specifically shown on plans submitted for building permits.
53. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
54. That a comprehensive sign program for the this center, inciuding freestanding and monument sign
plans, shall be ~ubmitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item.
55. That the petitioner shall submit a letter to the Zoning Division requesting termination of Conditional
Use Permit No. 2632 (to permit an employment agency in the ML zone with waiver of minimum
number of parking spaces) and Variance No. 4915 (to waive minimum number of parking spaces,
maximum structurai height and required elevators to construct a 124-unit "affordable" 2 and 3 story
apartment complex and to establish a 2-lot subdivision).
56. That approval of this conditional use permit is granted subJect to finali~ation of Reclassification No.
98-99-14, now pending.
57. That the legal property owner shall irrevocably offer to the dedicate to the City of Anaheim an
easement twenty three feet six inches (23'-G") in width from the centerline of the street along
Gramercy Avenue for public right-of-way improvements.
58. That the subject property shall 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
Planning Department marked Exhibit Nos. 1, Revision No. 1, and 2 through 6, and as conditioned
herein.
59. 7hat prior to the issuance of a building permit or within a period'of one (1) year from the date c~f this
resolution, whichever occurs first, Condition Nos. 3, 4, 5, 6, 9, 10, 11, 15, 16, 18, 20, 21, 22, 24, 25,
26, 27, 31, 32, 33, 34, 36, 37, 38, 39, 40, 41, 45, 52, 54, 55, 56, 57 and 62, herein-mentioned, shall
be complisd with. Extensions for further time to complete said conditions may be granted in .
accordance with Section 18.03.090 of the Anaheim Municipal Code.
60. That prior to final building and zoning inspections, Condition Nos. 7, 17, 19, 23, 29 and 58, above-
mentioned, shall be complied with.
61. That approval of this application constitutes'approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zdning Code and any other applicable City, State and
Federal regulations. Approvai does not include any act'ion or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
CR3706PK. DOC -7- PC99-143
62. That minimum (1) gallon sized clinging vines planted on maximum three (3) foot centers shall be
planted and maintained along the west wall of the restaurank Said informatior, shall be specifically
shown on plans submitted for building permits.
BE IT FUR7HEn °ESOLVED that the An~i~ai~„ City Planning Camrnission does hereby
find and determine that adoption of this Resolution is expressly predicated vpon applicanYs c~mpliance
with each and all of the conditions hereinabove set forth. Should any such condiiion, or any part thereof,
be deciared invalid or unenforceable by the final judgment af any court of competentjurisdiction, then this
Resolution, and any approva!s herein contained, shall be deemed null and void.
THE FOREGOING RESC)6UTION was adopted at the Planning Commission meefing of
August 2, 1999.
~"~ ~ G~%QiG[.c-v
CHAIF2PERSON, ANAHEIM CI PLAt~NING COMMiSSION
ATfEST:
V~/I~'
SECRETARY, ANAHEI ITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORAMGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregaing resolution was passed and adopted at a meeting af the Anaheim City Planning
Commission held on August 2, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NOiVE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand.this ~~~ day of
_~d~ 1999. .
~~~ ~ ~~ . ~,~~C~2~ ~~oR~
SECRETARY, AN EIM CITY PLANNING COMMISSION
CR37Q6PK.DOC -8- PC99-143