Loading...
2001-045RESOLUTION NO. 2001R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4217 AND AMENDING RESOLUTION NO. PC2000-80 WHEREAS, on June 5, 2000, the Anaheim City Planning Commission adopted Resolution No. 2000-80 to grant, in part, Conditional Use Permit No. 4217 to permit construction of a gasoline service station with accessory convenience market and with waivers of permitted encroachments into required yards, minimum dimensions of parking spaces (deleted), minimum required landscaped setback adjacent to arterial highways, minimum structural setback adjacent to interior property lines and minimum landscape requirements adjacent to interior property lines; and that subsequent to the public notice, the proposed sale of beer and wine for off-premises consumption and a fast food restaurant were deleted from the request; and WHEREAS, this property is currently developed with a service station (which will be demolished and replaced with a new service station and accessory convenience market) at 3085 East La Palma Avenue; that the property is located in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP 94-1; that the property is located in the Northeast portion of the Project Alpha Redevelopment Plan; and that the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested approval of the sale of beer and wine for off- premises consumption in conjunction with the previously-approved gasoline service station with accessory convenience market; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2000, 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 for and against said proposed amendment and to investigate and make findings and reconnnendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, adopted its Resolution No. PC2000-123 denying said amendment to Conditional Use Permit No. 4217; and WHEREAS, within the time permitted by law, the permit holder appealed said decision to the City Council of the City of Anaheim; and WHEREAS, the City Council held a duly noticed public hearing on February 13, 2001, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit No. 4217. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 4217 and heretofore set forth in Resolution No. PC 2000-80 be, and the same are hereby, amended and restated in their entirety, to read as follows: "1. 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. 2. That a minimum 3-foot high landscape earthen berm shall be incorporated into the entire length of the landscaped setbacks outside of the ultimate right-of-way adjacent to La Palma Avenue and Kraemer Boulevard, and further that large potted plants shall be installed at both ends of each gasoline pump island. A landscape screen for the air and water devices shall be provided. Final landscaping plans indicating type, size and location of proposed landscaping and irrigation shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 3. That minimum 24-inch box sized trees shall be planted in the landscape planters immediately adjacent to La Palma Avenue and Kraemer Boulevard. A minimum of four (4) trees shall be planted along the interior property lines, and a minimum of four (4) trees shall be planted adjacent to the street frontages and outside at the ultimate right-of-way for a minimum total of sixteen (16) trees. That stepping stones shall be provided across the planters to encourage pedestrian access to the property. That this landscape information shall be specifically shown on plans submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 4. That the final floor and lighting plans for this facility shall be subject to the review and approval of the Community Service Division of the Police Department and plans shall be submitted to the Zoning Division for review and approval by the -2- Planning Commission as a Reports and Recommendations item. Once approved, the floor plan shall be constructed and maintained in accordance with the plan. 5. That no window signs shall be permitted at any time to allow unobstructed visibility of the store interior from the outside. 6. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of screening walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 7. 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 adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. 8. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets 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 or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 9. 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. 10. That final sign and elevation plans for the convenience market building and the pump island canopy shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, these structures shall be constructed and maintained in accordance with the plan. 11. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically -3- shown on plans submitted for building permits. 12. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. 13. That the applicant shall be responsible for maintaining the premises free of litter at all times. 14. That roof-mounted balloons or other inflated devices shall not be permitted. 15. That no exterior public telephones or vending machines shall be permitted. 16. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601/602 and 607B pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 17. The existing driveways closest to the intersection of La Palma Avenue and Kraemer Boulevard shall be removed and replaced with standards curb, gutter, sidewalk and landscaping as required by Engineering Standard Detail No. 607 B. Said information shall be shown on plans submitted for building permits. 18. That the remaining driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the sign and wall/fence location. 20. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 21. That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section No. 18.110.100.0307 pertaining to the SP 94-1, DA 5 Zone. That the proposed equipment screen shall be redesigned to be compatible with the architecture and exterior building materials of the convenience market building. This information shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. 22. That the location of any above-ground exhaust vents in -4- conjunction with this service station facility shall be shown on plans submitted for building permits so as to be out of the required setback area and as least noticeable from public 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 the review and approval of the appropriate City departments. 23. That the required trees adjacent to the public rights-of- way shall not be unnecessarily pruned so as to provide increased visibility of the facility. 24. That in conformance with Anaheim Municipal Code Section 18.110.100.050.0523, 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. The covenant must be reviewed and approved by the City Attorney's office and a copy of the recorded agreement shall be submitted to the Zoning Division. 25. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 26. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 27. That there shall be no on-site tables or seating areas for the consumption of food. 28. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 29. That any required relocation of City electrical facilities shall be at the developer's expense. 30. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 31. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public -5- Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 32. That no propane tanks shall be permitted at this property. 33. That there shall be no fast food use on the premises, unless a conditional use permit is approved authorizing such use. 34. That no video, electronic or other amusement devices or games shall be permitted. 35. That the property owner shall submit a sign relocation agreement for the review and approval of the Real Property Section of the Public Works Department. Said agreement shall specify that when the Critical Intersection widening occurs, the monument sign shall be removed and replaced with a sign conforming with the Anaheim Zoning Code and City Standards in effect at that time, at the property owners expense. 36. 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 Revision 1 Exhibit Nos. 1 and 2 and Exhibit Nos. 3 through 6, and as conditioned herein. 37. That the under side of the canopy shall be reduced to a maximum height of sixteen (16) feet, reducing the overall height to not more than twenty four (24) feet. This information shall be specifically shown on the plans submitted for building permits. 38. That the existing freestanding pylon sign indicating "Shell Oil" shall be removed prior to the issuance of a building permit. 39. That a minim%un enclosed retail sales area of twelve-hundred (1200) square feet for the convenience market shall be provided unless the sales of beer and wine is discontinued. 40. That an inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollars ($10,000.00) shall be maintained on the site. 41. That receipts from the sales of beer and wine shall not exceed thirty-five percent (35%) of all retail sales during any twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. -6- 42. That no display of beer or wine shall be located outside a building or within five (5) feet of any public entrance to a building. 43. That the areas of beer or wine displays shall not exceed twenty five percent (25%) of the total display area in a building. 44. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be sold from or displayed in permanently affixed coolers for the cooling and storage of all refrigerated products. 45. That no advertising of beer or wine shall be located, placed or attached to any location outside the building and that any such advertising shall not be visible to anyone outside the building and shall not be audible (interior or exterior). 46. That sales of beer and wine shall be made to customers only when the customer is inside the building. 47. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 48. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed 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 prominently displayed inside the building. 49. That the operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 50. That sales of beer and/or wine shall be permitted only between the hours of 8am and midnight daily. 51. That no beer and wine shall be consumed on the property. 52. That beer shall not be sold in packages less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 53. That all provisions of Anaheim Municipal Code Section 18.27.023.020 (as it may be amended from time to time) pertaining to off-sale of beer and/or wine in service stations shall be -7- complied with. 54. 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. 2, 3, 4, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 21, 22, 24, 25, 28, 31, 35, 37 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. 55. That prior to final building and zoning inspections, Condition Nos. 12, 30, and 36, above-mentioned, shall be complied with. 56. 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.." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC2000-80 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of February, 2001. 'MAYO~/F THE CITY OF ANAHEIM ATTEST: CITY CL~RK ~F THE CITY OF ANAHEIM 39027.1 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-45 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of February, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL) CITY CLERK OF THE CITY OF ANAHEIM