96-201 RESOLUTION NO. 96R-201
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3878
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 new gasoline service station and convenience market
with 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:
THE NORTH 190 FEET OF THE EAST 210 FEET OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 27, IN TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AND THE RANCHO
LAS BOLSAS, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 51, PAGE 10, MISCELLANEOUS MAPS RECORDS OF
SAID ORANGE 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. PC96-118 granting
Conditional Use Permit No. 3878, in part; 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, 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
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. That the proposed use is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code
Section 18.44.050.070, 18.44.050.195 and 18.87.023.020 to permit
a new gasoline service station and convenience market with sales
of beer and wine for off-premises consumption, and with waiver of
the following:
(a) Sections 18.06.050.0225 Minimum number of Darkinq spaces.
18.06.080 (19 spaces required;
and 18.44.066.050 14 proposed;
15 to 17 recommended by the City
Traffic and Transportation Manager)
(b) Sections 18.44.063.050 Minimum required landscapinq.
and 18.87.030.072 (Required along south property
line: 7 trees planted on maximum
20-foot centers, Proposed: 7
trees along easterly 88 feet of
south property line but no trees
along westerlv 62 feet;
Required along west property line:
7 trees planted on maximum 20-foot
centers, Proposed: 6 trees along
northerly 65 feet of west property
line but no trees along southerly
85 feet.)
2. That waiver (a) is hereby approved, in part, for a
minimum 15 parking spaces because the City Traffic and
Transportation Manager has determined that 15 to 17 spaces will
satisfy the expanded demand for the proposed uses of this
property;
3. That the parking waiver, as approved and under the
conditions imposed, will not cause fewer off-street parking
spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of
operation of such use;
4. That the parking waiver, under the conditions imposed,
will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed
use;
5. That the parking waiver, under the conditions imposed,
will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the
proposed use (which property is not expressly provided as parking
for such use under an agreement in compliance with Section
18.06.010.020 of this Code);
6. That the parking waiver, under the conditions imposed,
will not increase traffic congestion within the off-street
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parking areas or lots provided for such use;
7. That the parking waiver, under the conditions imposed,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of
the proposed use;
8. That waiver (b) is hereby approved, in part, for a
total of at least 14 clustered trees along the south and west
property line;
9. That there are special circumstances applicable to the
property, as pertains to planting the trees on maximum 20-foot
centers, such as size, shape, topography, location or
surroundings, which do not apply to other identically zoned
properties in the vicinity because (i) the area behind the
convenience market along the south property line is too narrow to
properly maintain trees without a special access easement from
the adjacent property to the south and (ii) the corridor between
the west property line and the proposed convenience market is
required to be kept clear at a minimum dimension of 5 feet for
emergency exit purposes as required by the Anaheim Fire
Department, and that this area will be concrete and planted with
vines in "vine pockets" adjacent to the building;
10. That strict application of the Zoning Code deprives the
property of privileges enjoyed by other properties under
identical zoning classification in the vicinity;
11. That the proposed uses are properly ones for which a
conditional use permit is authorized by the Zoning Code;
12. That the proposed sale of beer and wine for off-
premises consumption does not require a Determination of Public
Convenience and Necessity because subject property is not located
in an above average crime area and there is not an
over-concentration of Alcoholic Beverage Control licenses in the
area; and, further, that there will be no consumption of beer or
wine on the subject property;
13. That the proposed uses, as granted, will not adversely
affect the adjoining land uses and the growth and development of
the area in which they are proposed to be located;
14. That the size and shape of the site for the proposed
uses is adequate to allow the full development of said uses in a
manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
15. That the traffic generated by the proposed uses will
not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area;
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16. That 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
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission granting, in part, said conditional use permit be, and
the same is hereby, affirmed and that Conditional Use Permit No.
3878 be, and the same is hereby, granted permitting a new
gasoline service station and convenience market with 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:
(a) Sections 18.06.050.0225 Minimum number of Darkin~ spaces.
18.06.080 (19 spaces required;
and 18.44.066.050 1--4 proposed;
15 to 17 recommended by the City
Traffic and Transportation Manager)
(b) Sections 18.44.063.050 Minimum required landscaping.
and 18.87.030.072 (Required along south property
line: 7 trees planted on maximum
20-foot centers, Proposed: 7
trees along easterly 88 feet of
south property line but no trees
alon~ westerly 62 feet;
Required along west property line:
7 trees planted on maximum 20-foot
centers, Proposed: 6 trees along
northerly 65 feet of west property
line but no trees alon~ southerly
85 feet)
subject to the following conditions:
1. That only three (3) driveways shall be permitted: two (2)
driveways on Harbor Boulevard and one (1) driveway on
Orangewood Avenue. All driveways shall be subject to the
review and approval of the City Traffic and Transportation
Manager.
2. That the existing driveways on Orangewood Avenue and Harbor
Boulevard shall be removed and replaced with standard curb,
gutter, sidewalk and landscaping.
3. That plans shall be submitted to the City Traffic and and
maintained in conformance with said plans.
4. That the new driveways shall be constructed with ten (10)
foot radius curb returns as required by the City Engineer in
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Transportation Manager for his review and approval showing
conformance with the current versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking
standards. Subject property shall thereupon be developed
Transportation Manager for his review and approval showing
conformance with the current versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking
standards. Subject property shall thereupon be developed
conformance with Engineering Standard No. 137.
5. 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.
6. 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.
7. That lighting fixtures shall be installed at the western
portion of the property between the proposed building and
the existing block wall. The lighting fixtures shall be
directed into the setback area in this location and shall be
down-lighted and directed away from the adjacent motel
property to the west. Said specifications shall be shown on
the plans submitted for building permits.
8. 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"
agenda item. The sign plan shall specify the following:
(a) Wall signs shall be limited to one (1) wall sign facing
Orangewood Avenue and one (1) wall sign facing Harbor
~ Boulevard O__R one (1) wall sign above the main entrance
facing northeasterly; and
(b) No signage shall be permitted on the gasoline pump
island canopies; and
(c) The existing freestanding pole sign shall be removed.
Any proposed freestanding sign shall be a monument-
type, maximum eight (8) feet high (as measured from the
finished grade of the nearest sidewalk), located in the
landscaped setback area at the intersection of Harbor
Boulevard and Orangewood Avenue, and that said sign
location shall be submitted to the City Traffic and
Transportation Manager for review and approval for
line-of-sight considerations.
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9. That landscape plans shall be submitted for review and
approval by the Planning Commission as a "Reports and
Recommendations" item. Submitted plans shall specify the
following:
(a) Landscape setback areas adjacent to Harbor Boulevard
and Orangewood Avenue:
(i) Minimum fifteen (15) (minimum fifteen [15] gallons
each) Magnolia trees to complement the landscaping
of the nearby Specific Plan No. 92-2 "Anaheim
Resort"; and
(ii) Minimum thirty six (36) inch high hedge and shrubs
with thorns (to prevent pedestrian traffic); and
(iii) Substantial landscaping adjacent to the
intersection planted within a semi-circular
planter area.
(b) Landscape setback area adjacent to the west property
~ line:
(i) Minimum seven (7) (minimum fifteen [15] gallons
each) trees, shrubs (minimum five [5] gallons
each), and ground cover; and
(ii) Vine pockets planted with minimum one (1) gallon
sized vines planted on maximum three (3) foot
centers adjacent to the convenience market
building wall.
(c) Landscape setback area adjacent to the south property
line:
(i) Minimum seven (7) (minimum fifteen [15] gallons
each) trees, shrubs (minimum five [5] gallons
each), and ground cover; and
(ii) Vine pockets planted with minimum one (1) gallon
sized vines planted on maximum three (3) foot
centers adjacent to the convenience market
building wall; and
(iii) No fence shall be permitted to ensure
"defensible space" in this area.
(d) Interior parking lot landscape areas:
(i) Minimum seven (7) (minimum fifteen [15] gallons
each) trees, shrubs (minimum five [5] gallons
each), and ground cover in minimum forty eight
(48) sq.ft. planters.
10. That any public telephones proposed on site shall be located
inside the convenience market.
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11. That during business hours of subject facility, separate
men's and women's restroom facilities 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.
12. That all setback requirements shall be measured from the
ultimate rights-of-way line.
13. That no window signage shall be permitted.
14. That the developer shall submit evidence to the Public Works
Department, Development Services Division, 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.
15. 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.
16. That off-premises sales of beer and/or wine shall be
permitted only between the hours of 8 a.m. and 2 a.m.
17. That no alcoholic beverages shall be consumed on the
property.
18. 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
businesses.
19. That all provisions of Anaheim Municipal Code Section
18.87.023.020 (as it may be amended from time to time)
pertaining to off-sale of beer and/or wine in service
stations shall be complied with.
20. That the sales of alcoholic beverages shall not exceed forty
percent (40%) 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.
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21. That there shall be no coin-operated games maintained upon
the premises at any timel
22. That no display of beer or wine shall be located outside the
convenience market or within five (5) feet of the public
entrance to the building.
23. That the area of beer or wine displays shall not exceed
twenty five percent (25%) of the total display area in a
building.
24. That the sale of alcoholic beverages shall be made to
customers only when the customer is inside the building.
25. That no person under twenty one (21) years of age shall sell
or be permitted to sell any beer or wine.
26. 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.
27. That the granting of the parking waiver is contingent upon
operation of the use in conformance with the assumptions
relating to the operation and intensity of use as contained
in the parking demand study that formed the basis for
approval of said variance. Exceeding, violating,
intensifying or otherwise deviating from any of said
assumptions, as contained in the parking demand study, shall
be deemed a violation of the expressed conditions imposed
upon said variance which shall subject that variance to
termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal
Code.
28. 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 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.
29. That no outdoor storage of, display of, or work on vehicles
or vehicular parts shall be permitted.
30. That no roof-mounted equipment shall be permitted, unless
fully screened from view from all public streets and
adjacent properties.
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31. 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.
32. That no propane tanks shall be permitted.
33. 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; provided, however, that a minimum of fifteen
(15) parking spaces shall be provided and that a minimum of
fourteen (14) clustered trees shall be provided along the
south and west property lines.
34. That within ninety (90) days from the date of this
resolution, the developer shall submit to the Environment
and Safety Division of the Public Utilities Department for
review and approval, a complete delineation of the lateral
and vertical extent of petroleum hydrocarbon contamination
on the subject property.
35. That within one hundred eighty (180) days from the date of
this resolution, a soil remediation plan shall be submitted
to the Environment and Safety Division of the Public
Utilities Department. Within ninety (90) days of receipt of
approval, the developer shall install the approved soil
remediation system.
36. That there shall be no audio advertisement of beer and/or
wine sales in the pump dispensing area.
37. That there shall be no on-site tables or seating areas on
the premises.
38 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 No. 1, 3, 5, 6, 7, 8, 9,
12, 14, 15 and 28, 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.
39 That prior to final building and zoning inspections,
Condition Nos. 1, 2, 4, 18 and 33, above-mentioned, shall be
complied with.
40. 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
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approval of the request regarding any other applicable
ordinance, regulation or requirement.
BE IT 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 10th day of December,
1996.
AT~EST~
CI~ CLERK OF CITY OF ANAHEIM
THE
0021380.01
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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. 96R-201 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 10th day of December, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez
NOES: MAYOR/COUNCIL MEMBERS: Daly
ABSENT: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-201 on the 10th day of December, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this loth day of December, 1996.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 96R-201 was duly passed and adopted by the City Council of
the City of Anaheim on December 10th, 1996.
CITY CLERK Of THE CITY Of ANAHEIM