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97-183RESOLUTION NO. 97R -183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3922 (REHEARING). WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a 2,944 sq.ft. service station with an accessory convenience market with retail sales of beer and wine for off premises consumption upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCELS 1, 2 AND 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THOSE PARCELS OF LAND DESCRIBED AS RESIDUAL, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC97 -49 granting Conditional Use Permit No. 3922; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, the City Council heretofore approved Conditional Use Permit No. 3922 by its Resolution No. 97R -145 but thereafter granted a rehearing of said matter; and WHEREAS, at the time and place fixed for said rehearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3922 be, and the same is hereby, granted permitting a 2,944 sq.ft. service station with an accessory convenience market with retail sales of beer and wine for off premises consumption on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: 2 Section 18.87.030.072 subject to the following conditions: Minimum required landscaping adjacent to interior property lines. (Required: 11 trees on 20 -foot centers adjacent to each interior property line [total 33 trees]; Proposed: 7 trees (not on 20 -foot centers) adjacent to the north property line and 11 trees [not on 20 -foot centers] adjacent to the south property line) 1. That a final parcel map shall be recorded to create the development site shown on the approved site plan (Exhibit No. 1). The legal property owner shall file a tentative parcel map with the Zoning Division. After tentative map approval and compliance with any conditions of approval, a final map shall be submitted to the Development Services Division, Public Works Department, for review and approval by the City Engineer prior to recordation with the Orange County Recorder's Office. 2. That no roof mounted equipment shall be permitted unless fully screened from view from all public streets and adjacent properties in accordance with the Anaheim Municipal Code. The developer shall show detailed screen information on the plans submitted for building permits. 3. That any requests for additional signage, except for the signs identified on Exhibit Nos. 1 through 5, shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. No advertising signs other than those approved by the Planning Commission shall be constructed or placed on this property. 4. 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. 5. That an on -site trash truck turn around area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn around area shall be specifically shown on plans submitted for building permits. 6 That the legal owner of subject property shall record an unsubordinated covenant granting an access easement to the legal property owner(s) immediately north and south of subject property for ingress and egress purposes. Said easement shall be designed in a manner satisfactory to the City Traffic and Transportation Manager and said covenant shall be in a form satisfactory to the City Attorney. The approved covenant shall then be recorded prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. 7. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the latest revision 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. 8. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the location of the freestanding sign. 10. That the developer shall submit a water quality management plan (WQMP) specifically identifying the best management practices that will be used on site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Engineering Department, Development Services Division, for review and approval. 11. That the developer shall pay the sewer capacity mitigation fee for the "Old Town /Basin 8" study area. 12. That this conditional use permit is granted subject to City Council adoption of an ordinance rezoning the entire subject property CL (Commercial, Limited). The property owner shall submit a petition for reclassification to rezone the portion of subject property currently zoned CG (Commercial, General), in accordance with procedures set forth in Chapter 18.03 (Zoning Procedures Amendments, Conditional Use Permits and Variances) of the Anaheim Municipal Code. 13. That the petitioner shall neither franchise nor otherwise operate the "prepared food" service in the convenience market as a separate business entity. A conditional use permit shall be required if any changes are made to operational characteristics of the food service, which operations are different from what was described in the petition application, the Staff Report to the Planning 4 Commission dated April 28, 1997, the testimony during the public hearing, or shown on the approved Exhibits. 14. That during business hours of subject facility, separate men's and women's restrooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 15. 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 (including the underground tanks) 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) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 16. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from time to time), pertaining to the retail sales of beer and wine for off premises consumption shall be complied with. 17. That the sales of alcoholic beverages shall not exceed 35% of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. 18. 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. 19. That the areas of beer or wine displays shall not exceed twenty -five percent (25 of the total display area in the building. 20. That window signage shall not be permitted for either the service station or the convenience market. 21. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building and that any such advertising shall not be visible or audible (interior or exterior). 22. That no video, electronic or other amusement devices or games shall be permitted anywhere on the property. 5 23. That the sale of alcoholic beverages shall be made to customers, only when the customer is inside the building. 24. That no person under twenty -one (21) years of age shall sell or be permitted to sell any beer or wine. 25. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m. 26. That no alcoholic beverages shall be consumed on the premises. 27. That the parking lot serving the premises shall be equipped with lighting of sufficient power to 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 the window areas of nearby residences and shall be so specified on plans submitted for building permits. 28. That there shall be no coin operated telephones maintained on the property, which telephones are located outside the building and within the control of the applicant. 29. That beer shall not be sold in packages containing less than a six -pack, and that wine shall not be sold in packages less than a four -pack. 30. That the applicant shall be responsible for maintaining the premises free of litter at all times. 31. That no propane tank(s) shall be permitted on -site. 32. That all landscaped areas shall be planted, irrigated and maintained, and shall be in conformance with approved Exhibit No. 5, except as otherwise conditioned herein. 33. 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. 34. 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. 35. That a three (3) foot high landscaped earthen berm shall be installed adjacent to Harbor Boulevard, as shown on approved Exhibit No. 5; and that a minimum five (5) foot wide planter, with the Code required trees planted on maximum twenty (20) foot centers, shall be provided along the north property line. This information shall be specifically shown 6 on the plan submitted for building permits. 36. That the legal property owner shall submit a letter requesting termination of Conditional Use Permit No. 511 (to establish a motel with later addition of restaurant -bar facilities) to the Zoning Division. 37. That the exact width of the accessway between the subject property and the adjacent property to the north shall be subject to the review and approval of the City Traffic and Transportation Manager. 38. That the owner /developer shall submit revised exterior building elevation plans and canopy plans showing "Mission Style" architecture, similar to the plans approved for the ARCO service station at the southwest corner of State College Boulevard and Katella Avenue (Conditional Use Permit No. 3836), to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 39. That 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 5; except as otherwise conditioned herein. 40. 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, 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 19, 26, 27, 28, 29, 34, 35, and 37 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 41. That prior to final building and zoning inspections, Condition Nos. 8, 23, 30, 36, 43, 44, 45, 46 and 47 herein mentioned, shall be complied with. 42. 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 regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 43. That the underground gasoline storage tanks shall be located on the south side of the pump island. This information shall be specifically shown on the plan submitted for building permits. 7 44. That the trash enclosure shall be located at the northeast corner of the property outside the landscaped planter area. This information shall be specifically shown on the plan submitted for building permits. 45. That the existing chainlink fence on the east and south property lines shall be removed and any proposed replacement fence shall be wrought iron. 46. That additional landscape planters shall be constructed, planted, irrigated and maintained adjacent to the north, south and west building elevations. This information shall be specifically shown on the plans submitted for building permits. 47. That the applicant shall acquire and transfer or eliminate the existing Alcoholic Beverage Control license for the premises located at 1067 North Harbor Boulevard, Anaheim, California. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that Resolution No. 97R -145 be, and the same is, hereby rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of September, 1997. ATTEST. CITY CLERK OF THE CITY OF NA IM 0023779.01 MAYOR OF THE CITY OF AHEIM 8 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -183 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of September, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Daly NOES: MAYOR /COUNCIL MEMBERS: Lopez TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (abstained) AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -183 on the 23rd day of September, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of September, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -183 was duly passed and adopted by the City Council of the City of Anaheim on September 23td, 1997. CITY CLERK OF THE CITY OF ANAHEIM