Resolution-PC 99-60RESOLUTION NO. PC99-60
A RESOLUTION OF THE ANAHEIM CITY PLANNIN~ COMMISSION
?'HAT PETITION FOR CONDITIONAL USE PERMIT NO. 4110 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Condition~ I Use Permit for certain real property situated in thp City of Anaheim, County of Orange, State
of Californla, described as:
THE SOUTHERLY 195.00 FEET OF THE NORTHEASTERLY 660.0 FEET OF
7HE SQUTHERLY 175.00 FEET OF LOT 2 IN BLOCK K OF THE KRAEMER
TRACT, IN THE CITY OF ANAHEIA9, COUNTY OF ORANG=, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGES 87 AND SS OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
LOS ANGELES COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 29, 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 fo~~ and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commissi~~n, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidonce and reports offered at said hearing,
does find and determine the foilowing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipai Code Section 18.110.050.050.0542 to permit a membership only self-service,
unmanned gasolino service station with waiver of the following:
Sections 18.87.030.072 - Minimum number of trees adjacent to interior ~roperty lines.
and 18.110.050.050.0542
2. That the proposed waiver is hereby denied on the basis that it was deleted subsequent to
pubiic advertisement.
3. That the propeRy provides adequate ingress!egress from public streets, on-site vehicular
circulation, and adeGuate , ~in~ for customers patronizing the property and is adequate to allow the full
development of this use in a manner which is not detrimental to the area or general population.
4. That the size and shape of this property is adequate to allow the full deveiopment of an
unmanned gasoline service station.
5. i hat the gasoline service station will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area; that the petitioner testified that this usa is
desic~ned to serve the surroundin~ commercial and industrial business in the area; and that a
membership-only service station will not draw traffic from outside the area.
6. Th~t the proposed use will not adversely affect the adjoining Iand uses and the growth
and develoNment of the area in which it is proposed to be located;
7. That the size and shape of th~ site for the proposed ~se is adequate to allow the fuil
develaprnent of the proposed use in a manr.er not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
8. That granting ef this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
CR3585MS.DOC -1- PC99-60
9. That no one indicaied their presE~~cR ~t sa'd public hearing in opposition to fhe proposal;
and that no correspondence was received i~~ epposik(ori.
CALIFORNIA ENViRONMENTA' URL!"~' ,4~`~ FINDING: That the Anaheim City
Planning Commission has reviewed the proposa( t~,~ r~err~nit a membership only self-service, unmanned
gasoiine service station with waivcr ~f minimun; nuaiber of :rees adjacent to interior property lines on
property consistin,c,? ~r (1.=2 acre I~c~ted at the nortfieas; ~arrier of Miraloma Avenue and Miller Street,
having frontages of 95u h~2i on ?`~e north side of Mir.+.~.~+ma :,~~enue and 150 feet on the east side of Miller
Street, and further describe3 a~ 3~75 East hitraloma Avenue; and does hereby apprcve the Negative
Declaration upon finding that the declaration r~flects the independent judgment of the lead agency and
that it has considered the Negative Declaratio~~ tc~gether with any comments received during tlie public
review process and further finding on the basis, o~ the initial study and any comments received that there
is no substantial evidence that the project will nave a significant effect on the environment.
NOW, THEREFORE, BE ~T RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditicnal Use Permit, in part, upon the following conditions which
are hereby found to be a necessa~~ prerequisite to the proposed use of the su~ject property in order to
preserve the safety and general welfare of the Citizens o~ the City of Anaheim:
1. That the number of canopy signs shall be limited to one (1) per street frontage, for a total of two (2)
canopy signs. Said information shall be submitted to the Zoning Division for revi2w and approval.
The decision of the Zoning Division may be appealed to the Planning Commission as a"Reports
2nd Recommendations" item.
2. That no freestanding advertising signs shall be permitted.
3. That nu exterior public telephones shall be permitted, unless required by the Fire Department.
4. That no storage of vehicles shall be permittad.
5. That no fenced or otherwise enclosed outdoor storage sreas shall be permitted.
6. That the existing freestanding pole sign shall be removed.
7. That the developer shall submit a Water Quality Management Plan (~VQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP ~hall be submitted to the Public Wurks DPpartment, Development
Services Division, for review and approval.
8. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
9. l'hat the developer shall submit evidence to the Public Works Department, Development Services
Division, showing that the site is a legal parcel of record as defined by the Subdivision Map Act. If
the site is not a legal parcel, the developer shall submit a Certificate of Compliance for review and
approval by the City Engineer.
10. That all driveways shall be constructed with minimum ten (10) fuot radius curb returns as requfred
by the City Engineer in conformance with Engineering Standard No. 137.
11. That the locations for future above-gro~~nd utility devices inciud(ng, but not limited to, electrical
transformers, water back flow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Those plans shall also (dentify the specific
screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers,
acc~ss points, etc.) and shall be subject to revizw and approval by the sNpropriate City
departmei its.
12. That no roof-mounted balloons nor other inflated devices shall be permitted.
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13. That a plan sheet for solid waste stor~ge and collection and a plan for recycling shall be submiited
to the Pubiic Works Department, Streets and Sanitation Division, for review and approval.
14. That an on-site trash truck turn-around arna shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained ta thE~ satisfaction of the Public Works Department, Stree!~
and Sanitation Division. Sa:d turn-around area shall be specifically shown on plans submitteri for
building permits.
15, That plans shail be submitted to the City Traffic and Transportation Manager for review and
approval showing conformanr,e with the current versions of Enqi:?eering 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.
16. That trash storage areas shall be provided anc~ maintained in location(s) acceptable to the Slreets
and Sanitation Division and in accordance with approved plans on file with the Public Works
Department Department. Said storage areas shall be designed, located and screened so as not to
be readily identifiable from adjacent streets or highways. The v+alis of the storage areas shall be
protected from graffiti opportunities by the u~e of plant mat:e:als such as minimum one (1) gallon
sized clinging vines, planted on maximum three (3) foot centers, or tail shrubbery. Said information
shall be specifically shown on the plans submitted for Slreets and Sanitation Division approval.
17. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and cor.duct 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 the window areas of adjacent properties; and that said lighting inforr~ation
shall be specified on plans submitted for building permits and shall be subject to Police Department,
Community Services Division, and Planning Depa~tment approval.
i8. That the property shail be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
19. That, in conformance with Anaheim Municipai Code Section 18.110.050.050.0542 pertaining to
removal af closed servics stations in Develnpment Area 1(Industrial Area) of the Northeast Area
Specific Plan (SP 94-1), 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
slation is closed for a period of twelve (12) consecutive months. A service station shall be
considered clused durir~g any month in which it is open for less than fifteen (15) days. A copy of the
recorded agreement shall be submitted to the Zoning Division.
20. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the Finance Department.
21. That approval of this conditional use permit is granted based on the submitted plans which indicate
the removal and discontinuation of non-conforming land uses in conformance with Anaheim
Municipai Code Section 18.02.058.014.
22. That the owner of subject property shall submit a lettar to the Zoning Division requesting termination
of Conditional Use Permit No. 1552 (to permit an automobile repair facility with waiver of minimum
building setback).
23. That no structures other than those shown on Exhibit Nos. 1, 2 and 3, submitted by the petitioner
and approved by the Planning Commission, shall be permitted on this property.
24. That three (3) fcot high address numbers shall be displayed on the canopy roof in a contrasting
color to the mofing material. 'T'he numbers shall not be visible from the view of the street or
adjacent properties.
25. That ~ roof-mounted equipment shai! be permitted.
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26. That deliveries of fuei shall occur only during off or non-peak hours.
27. That the location of any above-ground exhaust vents in conjunction with this service station facility
shall be shown on the plans submitted for building permits to verify placement outside the required
setback areas and to be as little noticeable from public's view as possible. Those plans shall also
identify the specific treatment of each vent (i.e., landscape screening, color of v2nts, materials, etc.)
and shall be subject to reviev~.~ and approvai by the appropriate City departments.
28. That no exterior vending machines shall be permitted.
29. That any required relor,atio~;~s) of City electrical equipment shall be at lhe developer's er.pense.
30. That the legal owner of the subject property shall provide the City of Anaheim with a pubiic utilities
easement to be determined by the Electrical Engineering Division of the Public Utililies Department.
31. That at least four (4) of the seven (7) required trees adjacent to Miraloma Avenue and four (4) of the
seven (7) required trees adjacent to Miller Street shall be broad-headed trees and that all of the
trees adjacent to the interior aroperty lines (both north and east) shall be broad-headed trees. All
the trees shall be minimum twenty four inch (24") box sized. Said information shall be specifically
shown on plans submitted for building permits.
32. That a minimum two (2) foot high landscaped earthen berm with fifteen (15) galion sized shrubs
shall be incorpor~ted into the entire length of the minimum ten (10) foot wide landscaped setback
adjacent to Miraioma Avenue and Miller 5treet; and that that large potted plants shall be provided
at both ends of each gasoline pump island. Said informatior shali be specifically shown on plans
submitted for building permits.
33. That required trees adjacent to the public rights-of-way {Miraloma Avenue and Miller Street) shall
not be unnecessarily pruned so as to increase visibility to the facility,
34. That the subject property ,hall be developed ~ubstantialiy in accordance with plans and
specifications submitted to tha City of Anaheim by the pe"tfoner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
35. That prior to the issuance of a building permit or within a period of one (1) year from tne date of this
resolution, whichever occurs first, Condition Nos. 1, 6, 7, 9, 11, 13, 14, 15, i6, 17, 19, 21, 22, 27,
29, 30, 31 and 32, above-mentioned, shall be complied with. Extensions for furlher time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
36. That prior to final building and zoning inspections, Condition Nos. 3, 10, 23, 24 and 34, above-
mentfoned, shall be complied with.
37. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulatior~s. Approval, does not include any action or findings as to compliance ar approval
of the request regarding any other applicabls ordinance, regulation or requirement.
38. That there shall be no propane tanks permitted on the property.
39. That this property shall be visited daily (i.e., three hu~dred sixty five (365) days per year) by a
company employee and trained technician to check the equipment for proper operation and to
ensure that the site is neat and clean at all tirnes.
BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolutian is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereoF,
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be declared lnvalid or unenforceable by the final judgment of any court of coi
Resolution, and any approvats herein contained, shall be deemed ~II ay~ va
THE FOREGOING RESOLUTION w ado{ited at t~ an~
March 29, 1999. ) ' ~
~
~_ .
CHAIRP R~ ~ N, A AHEIM CITY
ATTEST:
(~~ b~~f~J'
SECRETARY, ANA IM CI'!Y PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF CRANGE } ss.
CITY OF ANAHEIM )
jurisdiction, then this •
Commission meeting of
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 29, i999, by the following voto of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSI'UN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
,4BSENT: COMMISSIONERS: WILLIAMS
IN WITNESS WNEREOF, I have hereunto set my I~and this ~3~' day of
~__, 1~99.
~~~ S~~
SECRETARY, AN EIM CIN PLANNING COMMISSION
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