Resolution-PC 99-149RESOLUTION NO. PC99-149
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4100 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:
PARCEL 1 OF PARCEL MAP N0. 87-416, AS SHOWN ON A MAP FILED IN BOOK 242,
PAGES 1 THROUGH 4 INCLUSIVE OF PARACEL MAPS, IN THE OFFICE OF THE
COUN"f`f RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 16, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chap4er
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 that said hearing was
continued from the Juiy 7 and August 2, 1999 Planning Commission meeGngs; and
WHEREAS, said Commission, after due i~spection, investigation 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 properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.060, 18.44.050.070, 18.44.050.080, 18.44.050.085,
18.44.050.193, 18.44.050.195 and 18.84.062.032 to construct a service station and auto care compl2x
consisting of four buildings including auto rental, lube faciliry, automated car wash, service
station/convenience market with fast food and retail saie of beer and wine for eff-premises consumption,
roof-mounied equipment, and waivers of the following:
(a) Sections 18.05.091.010 - Fermitted commercial identification sians.
18.05.091.014 (hvo 3-foot hiah, 26 sQ.ft. sinale-faced signs permitted
and 18.44.067 along two street Frontages in the Scenic Corridor Zone
Overlay;
two 10-foot hiah, 80 sa.ft. double-faced signs proposed)
(b) Sections 18.05.091.020 - Permitted number of wall s?ans.
and 18.44.067 (one wall sign permitted per tenanUuse for a maximum of
4 wall sians for four tenants,
up to 5 wall sians per ten2nt/use propased)
(c) Section 18.44.062.011 - Maximum structural heiqht abuttinq a residential zone.
(20-foot structura~ height permitted when located
40 feet from RS-A-43,000(SC) zoning to She west;
35-foot high service station/convenience market building and
28-foot high service station canopies proposed)
(d) Section 18.44.063.040 - Minimum landscaoed setback abuttinq a residential zone.
(10 feet required along RS-A-43,000(SC) zoning to the
west;
5 feet proposed)
CR3718PK.DOC -1- PC99-149
(e} Sections 18.04.048.010.023 - Reauired site screenina abuttina a residential zone.
and 18.44.068 (8-foot hiQh masonrv wall required along RS-A-43,000(SC)
zoning to the west;
0.5 to 6 foot hiah retaininq wall proposed)
(~ Section 18.84.062.011 - Minimum landscaoeu otructural setback abuttina a freew~.
100 feet required;
48 to 90 feet proposed)
2. That waiver (a), permitted commercial identification signs, is hereby approved, in part, to
permit one 10-foot high, 80 sq.ft. double-faced sign facing Old Canal Road and the one 3-foot high, 26
sq.ft. doubie-faced facing Weir Canyon Road on the basis of this property's constrained access and
grade separation from surrounding streets and the Riverside (SR-91) Freeway on-ramp; provided,
however, that if the State of California requires price identification on both street locations, e~~ch sign shali
be permitted to be 10 feet high, 80 sq.ft. and double-faced.
3. That waiver (b), permitted number of wall signs, is hereby approved, in part, to permit
four wall signs consisting of two service station canopy signs (the "Texaco" logo) on the east and south
elevations and two "EZ Lube" signs on the east and north elevations of the lube building.
4. That waivers (c) maximum structural height abutting a residential zone, (d) minimum
landscape setback abutting a residential zone, and (e) required site screening abutting a residential zone,
are hereby approved on the basis that the adjacent residentially-zoned property is developed with a
Southern California Edison Company electrical substation and is not likely to be used for residential
purposes; and that subject property is unique from other commercially-zoned properties in the vicinity
because it adjdins a residential zone.
5. That waiver (~, minimum structural and landscaped setback abutting a freeway, is hereby
approved on the basis that a reduction of the landscaped setback to 14 feet wouid be permitted by Code
if ~ 3-foot high landscaped berm were included; and that the ~ocational constraints imposed by this
property's having frontages on two streets and the freeway make compliance with the 100 foot structural
setback difficult.
6. That there are special circumstances applicable to the property consisting of its
topography, location and surroundings, which do not apply to other identically zoned properties in the
vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by othe~-
properties under identical zoning classification in the vicinity.
7. That the proposed use is hereby approved, in part, denying any roof-mounted equipment.
8. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use, as approved, is adequate to
allow full developme~t of the proposal in a manner not detrimental to the particular area nor 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 highways designed and improved to carry the tra~c in the area.
11. That granting of this conditional use permit, under the conditions imposed, wili not be
detrimental to the peace, health, safety and general welfare of the citizens ofi the City of Anaheim.
12. That one person spoke in opposition to this proposal at the public hearing; and that
correspondence in opposition was received.
CR3718PK.DOC -2- PC99-149
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has rewewed the proposal to construct a service station and auto care compiex
consisting of four buiidings including auto rentai, iube facility, automated car wash, service
station/convenience markst with fast food and retail sale of beer and wine for off-premises consumption,
roof-mounted equipment, and waivers of permitted commercial identification signs, permitted number of
wall signs, maximum structural height abutting a residential zone, minimum landscaped setback abutting
a residential zone, required site screening abutting a residential zone and minimum structural setback
abutting a freeway on a 3.3-acre irregularly-shaped property located at the southwest corner of O!d Canai
Road and Weir Canyon Road and having frontages of 385 feet on the south side of Old Canai Road and
210 feet on the west side of VVeir Canyon Road (905-985 North Weir Canyon Road); and does hereby
approve the Negative Declaration upon finding that the declaration reflects the independent judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the pubiic review process and further finding on the basis ~f the initial study and any
comments received that there is no substantial evidence that the project wiil have a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditionai 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. (a) That signage for the lube facility shall be limited to hvo (2) wall signs, one (1) each on the
east and north building elevations, and not to exceed seventy eight (78) sq.ft. each.
(b) That signage for the service station canopy shall be limited to two (2) "logo" signs, one (1)
each on the east and south canopy elevations, and not to exceed five (5) sq.ft. each.
(c) That if the State of California requires gasoline price information on only one (1) street
location (instead of two (2) different street locations), the sign that is not required to have
gasoiine pricing shall be reduced to a standard three (3) foot high and lwenty six (26) sq.ft.
double-sided sign.
(d) That plans for a comprehensive sign program shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a"Reports and Recommendations"
item.
2. That any air and/or water dispensing station(s) shail be visually screened from the adjacent public
rights-of-~+: ~y by adequate landscaping. Said landscape screening shall be specifically shown on
plans submitted for building permits.
3• That the final landscaping and irrigation plans (including plant species and sizes, irrigation facilities,
etc.) shall be in compliance with the Savi Ranch Master Landscape Plan on file with the City of
Anaheim Community Development Department. Final landscaping plans shall show minimum
twenty four (24) inch box trees for the entire property, inciuding a minimum of nineteen (19) trees
adjacent to t~hle R verside (SR 91) Freerway and twenty two (22) trees ad' cent to the~westrro e
line. The final landscaping plans shall be submitted to the Zoning Division for Planning p p~
Commission review and approval as a"Reports and Recommendations" item.
4. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter
18.84 of the Anaheim Municipai Code pertaining to the "SC" Scenic Corridor Overlay Zone.
CR3718PK.DOC -3- PC99-149
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
6. That, if required by the Urban Forestry Division of the Community Services Department, the
property owner shall install street trees within the public rights-of-way adjacent to Oid Canai Road
and Weir Canyon Road. The species, size and number of trees shall be provided as required by
the Urban Forestry Division.
7. That the locations for future above-ground utility devices including, but not limited to, electrical
transfortners, water back flow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Said plans shall alsa identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval of the appropriate city departments.
8. That minimum one (1) gallon sized clinging vines shall be planted on maximum three (3) foot centers
adjacent to all block walls. Said information shall be specifically shown on plans submitted for
building permits.
9. That during service station/convenience market business hours, restrooms shall be available to the
public and shall be properly supplied and maintained.
10. That no window signs shall be permitted at any time in order to maintain unobstructed visibility into
the service station/convenience market store interior from outside.
11. That roof-mounted balloons and/or other inflated devices shall not be permitted.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shail be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
13. That an on-site trash truck turn-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
14. That pians shall be submitted to the City Traffic and Transportation Manager for re~~iew and
approvai showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
15. That plans shall be submitted tc the City Tra~c and Transportation Manager for review and
approval showing conformance with Engineering Standard No. 137 pertaining to sight distance
visibiiity for sign and wall/fence locations.
16. That all driveways shall be constructed with ten (10) foot radius curb returns, as required by the City
Enginaer in conformance with Engineering Standard No. 137. Said information shall be specifically
shown on plans submitted for building permits.
17. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement, as determined to be necessary when the electrical design is completed.
18, Tf~at any required re~ocation of city electrical facilities shali be at the developers expense.
19. That trash storage areas shaA be provided and maintained in location(s) acceptable to the SUeets
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, highways and/or freew~ys. The walis of the storage areas shall be protected from
CR3718PK.DOC -4- PC99-149
graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging
vines pianted on maximum three (3) foot centers, or tali shrubbery. Said information shall be
specifically shown on the plans submiBed for building permits.
20. That the parking lot serving the premises shall be equipped with decorative lighting, as specified by
the Redevelopment Agency, of sufficient power to illuminate and make edsily 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 reviEw and approval by the
Anaheim Police Department and on plans submitted for building permits.
21. That the applicant shall be responsible for maintaining the premises free of litter at all times.
22. That no car wash attendants for the purpose of drying vehicles shall be permitted for the self-serve
car wash.
23. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
faur (24) hours from time of occurrence.
24. That in conformance with Anaheim Municipal Code Section 18.44.050.070 (pertaining to agreeing
to remove any closed service station structures in the event that the station is closed for a period of
twelve (12) consecutive months), an unsubordinated agreement shall be submitted to the Zoning
Division for review and approval by the City Attorney's O~ce and shall then be recorded with the
Office of the Orange County Recorder. A service station shail be considered closed during any
month in which it is open for less than fifteen (15) days. A copy of the recorded egreernent shall be
submitted to the Zoning Division.
25. That no propane tanks shall be permitted.
26. That no video, eiectronic or other amusement devices or games shall be permitted anywhere on
subject property.
27. That no exterior vending machines shall be permitted.
28. That public telephones shall only be installed inside the convenience market, lube facility or car
rental buildings. No exterior public telephones shall be permitted.
29. ?hat a minimum enclosed retail sales area of twelve hundred (1,200) sq.ft. shall be maintained for
the convenience market, uniess the sale of beer and wine is discontinued.
30. Thal an inventory of retail sales items not including beer, wine, fuel or automotive products)
exceeding ten thousand dollar ($10,000.00) shall be maintained inside the convenience market
31. That receipts from the saie of beer and wine shall not exceed thirty five percent (35%) of all retail
sales during any twelve (12j month period. The applicant shall maintain records an a quarterly
basis showing the separate amounts of sales of aicoholic beverages and other items. These
records shall be subject to audit and shall be made available when requested by any City of
Anaheim o~cial during reasonable business hours.
32. That no dispiay of beer or wine shall be located outside the convenience m2rket building or within
five (5) feet of any public entrance to the building.
33. That the areas of beer or wine displays shall not exceed twenty five percent (25%) of the total
display area in the convenience market building.
CR3718PK.DOC -5- PC99-149
34. That cold beer or wine having a temperature below sixty five degrees (65°) Fah~enheit shall only be
sold from or displayed in permanently affixed coolers for the cooling and storage of all r@frigerated
products.
35. That no advertising of beer and wine beverages shall be located, piaced or attached to any location
outside the building; and that any such advertising shall not be audible either inside or outside the
building,
36. That the sale of beer ar±d winE beverages shall be made to customers only when the customer is
inside the building.
37. That no person under twenty-one (21) years of age shall sell, or be permitted to sell, any beer or
wine.
38. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or
aicoholic beverages shall be prominently dispiayed inside the building for every three (3) signs
advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a
vehicle while under the influence of drugs or alcoholic beverages shall be prorninently displayed
inside the building.
39. That the operator of the service station/convenience market shall participate in, aid and support
educational and other programs intended to reduce driving while under the influence of drugs or
alcohoiic beverages.
40. That no alcohoiic beverages shall be consumed on the premises.
41. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not
be sold in packages containing less than a four (4j pack,
42. That no outdoor storage, display or sale of any merchandise, fixtures or vehicles shall be permitted
with the exception of the display of rental cars in the location shown on the approved site pian
exhibit and that a maximum of ten (10) passenger vehicles may be displayed, and that no banners,
flags and/or balloons shall be permitted.
43. That the on-site maintenance of automobiles availabie for rent (other than use of the car wash)
shail not be permitted.
44. That the hours of operation shall be limited to the following, as siipulated by the petitioner.
Service station/conveniEr~ce market 24 hours daily
Sales of alcoholic beverages: 8:00 a.m. to 1:00 a.m.
Lube facility: 8 a.m. to 8 p.m.
Car rental: 8 a.m, to 8 p.m.
Drive-through car wash: 7 a.m. ta 7 p.m.
45. That ;hree {3) foot high street address numbers shall be displayed on the flat area of each buiiding
roof in a contrasting color to the roof mate7al; provided, however, that the numbers shali not be
visible to tra~c along the Riverside (SR-91) Freeway, any public right-of-way, or any adjacent
property,
46. That deliveries of fuel sha~l occur only during non-peak hours, as required by the City Tra~c and
Transportation Manager.
CR3718PK.DOC ~_
PC99-149
47. That the location of any above-ground exhaust vents in conjunction with this serv;ce station facility
shali be shown on pians submitted for building permits to verify that such equipment is outside the
required setback areas and is as minimally visible to the public's view as possible. Plans shall also
identify the specific treatment of each vent (i.e., landscape screening, color of vents, materials, etc.)
and shall be subject to review and approval by the appropriate city departments.
48. That a minimum three (3) foot high landscaped earthen berm shall be incorporated into the entire
length of the setbacks adjacent to Weir Canyon Road and the Riverside (SR-91) Freeway where
the site is ai or below the grade of the adjacent roadway. Said information shali be specifically
shown on plans submitted for building permits.
49. That prior to commencing operation of these businesses, valid business licenses shall be obtained
form the Business License Division of the Finance Department.
50. That roof-mounted equipment shall not be permitted unless a conditional use permit application is
filed and approved.
51. That ~.he sewer and storm drain improvements within this parcel shall be privately maintained.
52. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
53. That the height of the underside of the service station canopy shall not exceed fifteen feet, two
inches (15'-2"). Said information shall be specifically shown on plans submitted for building
permits.
54. 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 through 12, and as conditioned herein.
55. That no banners or other advertising shall be displayed within the service bays facing the public
rights-of-way, including the Riverside (SR 91) Freeway unless a Special Event Permit is first
obtained to authorize said display.
56. That pedestrian access, approximately three (3) feet in width, shall be provided along Weir Canyon
Road and through the berm to allow foot traffic to enter this properry. This information shall be
specifically shown on the plans submitted for building permits.
57. That a split-rail fence shall be installed on top of the retaining wal( adjacent to Oid Canal Road, as
shown on the renderings submitted by the petitioner. This information shall be specifically shown on
the plans submitted for building permits.
58. That the fast-foot service shall be an accessory use to the convenience martcet and that a separate
sign for said fast-food service shall not be permitted.
59. That prior to the 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, 2, 3, 7, g, 12, 13, 14, 15, 16, 17, 19, 20, 24, 47,
48, 53, 56 and 57, above-mentioned, shall be complied with. Extensions for further time to
compiete said conditions may be granted in accordance with Section 18,03.090 of the Anaheim
Municipaf Code.
60. That prior to final building and zoning inspections, Condition Nos. 6, 38, 45 and 54, above-
mentioned shail be complied with.
CR3718PK.DOC -7- PC99-149
61. That approval of this application constitutes approval of the proposed request oniy to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Appmval does not include any action or findings as to compliance or approval
of the request regarding any other appticable ordinance, regulation or requirement
BE IT FURTHER RESOLVED that the Maheim City Pianning Commission does hereby
find and determine that adoption of thfs Resolu2ion is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any paR thereof,
be declared invalid or unenforceable by the finai judgment of any caurt of competentjurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August i6, 1999.
. ~ ~(i(,:.eJ ~~~ G2"-/Lt~..v
CHAIRPERSON, ANAHEIM CITY LANNING COMMISSION
All'EST:
~1/1~ •
SECR ARY, A HEIM CITY pLqNNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
that the foregoing esolutti n~was pa sed and~adopted at ai meetinglof the Anaheim City Pla^~(ng y certify
Commissian held on August 16, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISStONERS: NONE
ABSENT: COMMISSIONERS: ESPING
Q~-a~,~ I„I WI999 SS WHEREOF, I have hereunto set my hand this O~ (~'' day of
~J W ~ ~KJ
~1~
SECRE ARY, I AHEIM CITY pLANNING COMMISSION
CR3718PK.DOC -8- PC99-149