97-163RESOLUTION NO. 97R -163
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3932.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a new service station including a 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:
THAT PORTION OF SECTION 19, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE CITY OF ANAHEIM, STATE OF
CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION
19; THENCE SOUTH 0 DEGREES 27' WEST 280.00 FEET
ALONG THE EAST LINE OF SAID SECTION; THENCE SOUTH
89 DEGREES 54' 40" WEST 175.00 FEET PARALLEL WITH
THE NORTH LINE OF SAID SECTION 19; THENCE NORTH 0
DEGREES 27' EAST 280.00 FEET PARALLEL WITH THE
EAST LINE OF SAID SECTION 19 TO THE NORTH LINE OF
SAID SECTION 19; THENCE NORTH 89 DEGREES 54' 40"
EAST 175.00 FEET ALONG SAID NORTH LINE TO THE
POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT DISTANT SOUTH 0 DEG. 27' WEST
280.00 FEET AND SOUTH 89 DEGREES 54' 40" WEST
30.00 FEET FROM THE NORTHEAST CORNER OF SAID
SECTION 19; THENCE FROM SAID POINT OF BEGINNING
SOUTH 89 DEGREES 54' 40" WEST 20.00 FEET TO A
POINT; THENCE NORTH 0 DEGREES 27' EAST 50.00 FEET
TO A POINT; THENCE NORTH 89 DEGREES 54' 40" EAST
20.00 FEET TO A POINT; THENCE SOUTH 0 DEG. 27'
WEST 50.00 FEET TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A
MAP FILED IN BOOK 21 PAGE 7 OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
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 -91 granting, in
part, Conditional Use Permit No. 3932; and
WHEREAS, thereafter, within the ti,me 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; ana
WHEREAS, at the time and place fixed for said public
hearing, 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 consi-
deration 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3932 be, and the same is hereby,
granted permitting a new service station including a convenience
market with retail sales of beer and wine for off premises
consumption on the hereinabove described real property, subject
to the following conditions:
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1. 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. If roof mounted equipment is proposed, the
owner /developer shall show detailed screening information on
the plans submitted for building permits.
2. That any proposed freestanding sign on.subject property
shall be a monument -type not exceeding eight (8) feet in
height, as measured from the grade of the sidewalk, and
shall be subject to the review and approval of the City
Traffic and Transportation Manager to determine adequate
lines -of- sight.
3. That signage for subject facility shall be limited to that
shown on the exhibits submitted by the petitioner and as
conditioned herein. Any additional signage shall be subject
to approval by the Planning Commission as a Reports and
Recommendations item.
4. That the petitioner may not franchise or otherwise operate
the prepared food service as a separate business entity. A
conditional use permit will be required for any alterations
pertaining to the operational characteristics of the food
service within the convenience market.
5. That during open business hours of subject facility, the
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.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. That the areas of beer or wine displays, shall not exceed
twenty -five percent (25 of the total display area in the
building.
11. That window signage shall not be permitted for the service
station or convenience market.
12. 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).
13. That no video, electronic or other amusement devices or
games shall be permitted anywhere on the property.
14. That the sale of alcoholic beverages shall be made to
customers, only when the customer is inside the building.
15. That no person under twenty -one (21) years of age shall sell
or be permitted to sell any beer or wine.
16. That no alcoholic beverages shall be consumed on the
premises.
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 conduct of all persons
on or about the parking lot. Said lighting shall not exceed
12 feet in height and shall be directed, positioned and
shielded in such a manner so as not to unreasonably
illuminate the window areas of adjacent land uses and shall
be so specified on plans submitted for building permits.
18. That beer shall not be sold in packages containing less than
a six -pack, and that wine coolers shall not be sold in
packages less than a four -pack.
19. That the applicant shall be responsible for maintaining the
premises free of litter at all times.
20. That no propane tank(s) shall be permitted on -site.
21. That all landscaped areas shall be planted, irrigated and
maintained, and shall be in conformance with Exhibit No. 2,
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except as otherwise conditioned.
22. 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.
23. 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.
24. That any public telephones proposed on -site shall be located
within the convenience market, or if placed outside, shall
be attached to the wall of the building within fifteen (15)
feet of the main entrance to the building.
25. That trees shall not be unreasonably trimmed to afford
increased visibility of the facility.
26. That the building roof shall be painted with 3 -foot high
reflective address numbers in a contrasting color to the
roofing material.
27. That sales of beer and /or wine shall be permitted only
between the hours of 8 a.m. and 11 p.m.
28. 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.
29. 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.
30. There shall be no on -site tables or seating areas for the
consumption of food.
31. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revision of Engineering Standard
Plan Nos. 436, 601 and 602 pertaining to parking standards
and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
32. Prior to issuance of a building permit, the developer shall
pay the Sewer Capacity Mitigation Fee established for the
South Brookhurst Corridor sewer deficiency study area. The
fee is currently $27.98/1,000 s.f.
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33. Prior to grading plan approval, the developer shall submit a
drainage report, prepared by the Registered Civil Engineer,
to document both historic and proposed drainage patterns and
quantities. The report shall also show how the development
will impact the areawide drainage system. If the
development increase or redirects the current or historic
storm water quantity or point(s) of discharge, then the
project will be required guarantee mitigation of the impact
in conformance with the Master Plan of,Drainage of pay Storm
Drain Impact fee.
34. That proposed new driveways shall be reconstructed to
accommodate ten (10) foot radius curb returns in conformance
with Engineering Department Standard No. 137.
35. Construction activities shall be screened from adjacent
noise sensitive land uses with a solid barrier; all
construction equipment, fixed or mobile, shall be equipped
with a properly operating and maintained muffler exhaust
systems and stockpiling and vehicle staging areas shall be
located as far as practical to prevent noise impacts on
sensitive receptors. Construction activities will be
limited to the hours between 7 a.m. and 6 p.m. Monday
through Friday, and between 7 a.m. and 5 p.m. on Saturdays.
Construction activities will not be permitted on Sundays and
legal holidays.
36. The property owner shall submit a letter requesting
termination of Conditional Use Permit No. 638 (to permit an
existing service station within 75 feet of an R -1 Zone) to
the Zoning Division.
37. 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.
38. 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.
39. 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, 5, 6, 17, 28,
29, 31, 32 and 38, 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.
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40. That prior to final building and zoning inspections,
Condition No. 26 and 34, above mentioned, shall be complied
with.
41. That prior to grading plan approval, Condition No. 33,
above 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 oY requirement.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of September,
1997.
CITY CLERK OF THE CITY OF ANAHEIM
0024319.01
MAYOR OF THE CITY OF EIM
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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 -163 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 9th 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 -163 on the 9th day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of September, 1997.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -163 was duly passed and adopted by the City Council of
the City of Anaheim on September 9th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM