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RES-2008-133RESOLUTION NO. 2008- 13 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2008 05309. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2007 -05284 for certain real property situated at 770 and 752 North East Street in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, said application seeks approval of a conditional use permit to construct a service station with a car wash and a convenience market with sales of beer and wine for off premises consumption; 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 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. PC2008 -53 granting Conditional Use Permit No. 2008 05309; and WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim City Council review the Planning Commission's action granting Conditional Use Permit No. 2008- 05309 at a duly noticed public hearing. Additionally, within the time prescribed by law, an interested party did appeal said Planning Commission decision to the Anaheim City Council; and WHEREAS, thereafter, the City Council did set said application for such project for a de novo hearing, which public hearing was duly noticed in the manner provided by law; 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 does find, after careful consideration of all evidence and reports submitted to the City Planning Commission and the action taken by said Commission, and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in the Anaheim Municipal Code are present for the following reasons: 1. That the proposed request to construct a service station with a car wash and a convenience market with sales of beer and wine for off premises consumption is properly one for which a conditional use permit is authorized under Section 18.08.030.040.0402 of the Anaheim Municipal Code. 2. That the service station, car wash and convenience store use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the service station employ sound reducing measure to ensure that the car wash and service station will comply with all Code requirements pertaining to sound pressure levels. 3. That the size and shape of the site for the use is adequate to allow the service station, car wash and convenience store use in a manner not detrimental to either the particular area or health and safety as conditioned, as the property meets all Code requirements and there is sufficient parking to provide for the use. 4. That the traffic generated by the use of the property as service station, car wash and convenience store use, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby grant said Conditional Use Permit, subject to the following conditions which are hereby found to be needed to preserve the health, safety and welfare of the Citizens of the City of Anaheim. No. 1 2 Conditions of Approval TIMING: PRIM 'ITE ISSUANCE OF GRADI1VG PERM The applicant shall submit to the Public Works/Development Services for review and approval a Water Quality Management Plan that: Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. Responsible for Monitoring Public Works .TIMIN PRIOR TO TIIF ISSUANCE OF BUILDING PERMITS A comprehensive final sign plan shall be submitted to the Planning Services Division for review and approval. Any decision by the Planning Services Division regarding signage may be appealed to Planning -2- No. Conditions of Approval Responsible for Monitoring the Planning Commission as a 'Reports and Recommendations' item. 3 That no building permits shall be issued until after the effective date of the ordinance approving Reclassification No. 2008 00216. planning 4 The following items must be submitted and approved: Any revisions to the original grading plan related to the building pad. Two (2) copies of the interim soils report indicating pad compaction and site stability. The original and two (2) copies of a letter of certification for the building pads from the civil engineer, Exhibit D. Exhibit D can be found on the following City of Anaheim website: www.anaheim.net /depts servc /pub works /dev svc/fg_proc.htm public Works 5 The owner shall submit street and landscape improvement plans for La Palma Avenue and East Street to the Public Works/Development Services for review and approval and bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney's Office. The improvements shall be constructed prior to fmal building and zoning inspections. Public Works 6 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 53- feet in width from the centerline of La Palma Avenue and an easement 55- feet in width from the centerline of East Street for road, public utilities and other public purposes. Corner cut -off dedication at La Palma Avenue and East is also required. An ADA compliant curb access ramp with truncated domes shall be constructed at La Palma Avenue and East Street in conformance with Public Works Standard Detail 111 -3. The ramp shall be constructed prior to fmal building and zoning inspections. Public Works 7 Plans shall be submitted to the Planning Services Division indicating that the car wash will be equipped with roll -up doors on the entrance and exit of the car wash. The doors shall be closed at all times when the car wash is in operation. Said plans shall also specifically note that the dryer shall not operate when the doors to the carwash are open. Planning PRIOR TO .F: 1L BUILD G AND ZONING INSPECTION 8 The owner shall improv La Palma Ave: bus shelter must remain in place; proposed driveway approach shall be constructed per Public Works standard 115 -B. East Street: Dedicate additional 10' for an ultimate r/w of public Works -3- No. Conditions of Approval Responsible for Monitoring 55'; Widen street to 35' per std. 160 -A for the entire length of the property; construct 5' parkway and 5' sidewalk; relocate catch basin; remove and replace existing driveway approaches with curb and gutter per Public Works standard 120; proposed driveway approaches shall be constructed per Public Works standard 115 -B. 9 Applicant shall pay the City of Anaheim to provide a new City standard bus bench. This new bus bench will be installed by the City at the existing bus stop on La Palma Avenue east of East Street. Public Works 10 Prior to issuance of certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non structural BMPs described in the Project Site Specific WQMP Demonstrate that an adequate number of copies of the approved Project Site Specific WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works GENERAL 11 The property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney, agreeing to remove all structures, including underground storage 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. Planning 12 Window signage shall not be permitted for the service station or convenience market. All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all window areas. Planning 13 No storage, display or sales of any merchandise or fixtures shall be permitted outside the building. Planning 14 That the car wash shall comply with all state laws and local ordinances for Water Conservation Measures. Voluntary water conservation strategies shall be encouraged. Planning -4- No. Conditions of Approval Responsible for Monitoring 15 The applicant shall maintain on file an Emergency Listing Card, Form APD -281, with the Police Department. Police 16 The applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. Police 17 Rear entrance doors shall be numbered with the same address numbers or suite number of the business at a minimum letter height of 4 inches. Police 18 That the parking lot of these premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. Final lighting plans shall be submitted to the Planning Department for review and approval. Police 19 That there shall be no video, electronic or coin operated games, or pool tables or other amusement devices maintained upon the premises at any time. Police 20 That any public telephones proposed on -site shall be located inside the convenience market. Police 21 Final landscape plans shall be submitted to the Planning Department for review and approval. Additionally, the queen palm trees adjacent to the residential property lines shall be replaced with evergreen trees. Said trees shall be a 24 inch box tree and a minimum of 10 feet in height at the time of planting and shall be spaced every 10 feet on center. Planning 22 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 8, and as conditioned herein. Planning 23 The hours of operation shall be consistent with the letter of operation on file with the City of Anaheim Planning Department, Planning -5- 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 1 5th day of July 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE AP A/ ,I CITY C E' OF THE CITY OF ANAHEIM ATTEST: 6945 5 .v 1 /MGo rdon -6- CITY OFjAlfAHEIM By: MAYOR OF THE C Y i F ANAHEIM No. Conditions of Approval Responsible for Monitoring or other similar off -peak hours such as other weekend days or weeknights. In addition the doors to the convenience market shall be locked at 11 pm and can be opened at 5am. Any business for the convenience market during these hours shall be conducted through the evening transaction window. 24 That approval of this application constitutes approval of the proposed request only to the extent that is 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. Planning 25 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. Planning 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 1 5th day of July 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE AP A/ ,I CITY C E' OF THE CITY OF ANAHEIM ATTEST: 6945 5 .v 1 /MGo rdon -6- CITY OFjAlfAHEIM By: MAYOR OF THE C Y i F ANAHEIM T RAYMOND RETARDfNG BASIN 1- LA PALMA AVE April 28, 2008 Subject Property General Plan Amendment No. 2008 -00464 Reclassification No. 2008 -00216 Conditional Use Permit No. 2008 -05309 Determination of Public Convenience or Necessity No. 2008 -00040 752 770 North East Street ff I 1 e C t F e Z yR t m :Z 0. t N G, L�N E p� y,IPY �"".I E. B n i h 10523 EXHIBIT A