97-137RESOLUTION NO. 97R -137
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3939.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit 3,750 sq.ft. service station, including a convenience
market with retail sales of beer and wine for off premises
consumption, a drive through car wash, and two fast food
restaurants upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
LOT 49, OF THE ORIGINAL TOWN OF ANAHEIM, IN
THE CITY OF ANAHEIM, AS PER MAP RECORDED IN
BOOK 4, PAGES 629 AND 630 OF DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, EXCEPTING THEREFROM THAT
PORTION WITHIN THE FOLLOWING DESCRIBED LAND:
COMMENCING AT THE INTERSECTION OF THE
CENTERLINE WITH THE CENTERLINE OF ANAHEIM
BOULEVARD (NEW) AS SHOWN ON PARCEL MAP NO. 90-
224 FILED IN BOOK 256, PAGES 3 THROUGH 11 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, THENCE SOUTH
75 DEGREES 26' 31" WEST 242.15 FEET ALONG SAID
CENTERLINE OF BROADWAY; THENCE SOUTH 14
DEGREES 33' 29" EAST 21.75 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING ON THE
SOUTHERLY LINE OF SAID BROADWAY, FORMERLY.
BROADWAY STREET, AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED MAY 28, 1907, IN
BOOK 149, PAGE 32 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, THENCE
NORTH 75 DEGREES 26' 31" EAST 154.88 FEET
ALONG SAID SOUTHERLY LINE TO THE BEGINNING OF
A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 25.00 FEET; THENCE EASTERLY AND
SOUTHERLY 39.30 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 90 DEGREES 03' 55" TO A
LINE PARALLEL WITH AND WESTERLY 40.00 FEET
FROM THE SOUTHERLY PROLONGATION OF THE
CENTERLINE OF ANAHEIM BOULEVARD (OLD) AS SHOWN
ON SAID PARCEL MAP NO. 90 -224; THENCE SOUTH 14
DEGREES 29' 34" EAST 3.40 FEET ALONG SAID
PARALLEL LINE; THENCE NORTH 59 DEGREES 31' 31"
WEST 23.22 FEET TO A LINE PARALLEL WITH AND
SOUTHERLY 12.00 FEET FROM SAID SOUTHERLY LINE
OF BROADWAY; THENCE SOUTH 75 DEGREES 26' 31"
WEST 103.43 FEET ALONG SAID LAST MENTIONED
PARALLEL LINE TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
85.00 FEET; THENCE WESTERLY 28.08 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 18
DEGREES 55' 29 THENCE NORTH 85 DEGREES 38'
00" WEST 12.00 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 65.00 FEET; THENCE WESTERLY 21.47
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 18 DEGREES 55' 29" TO THE TRUE POINT OF
BEGINNING; 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 -72 granting
Conditional Use Permit No. 3939; 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
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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. 3939 be, and the same is hereby,
granted permitting 3,750 sq.ft. service station, including a
convenience market with retail sales of beer and wine for off
premises consumption,a drive through car wash, and two fast food
restaurants on the hereinabove described real property, subject
to the following conditions:
1. That final precise plans including, but not necessarily
limited to, floor plans, landscape plans, roof mounted
equipment plans and sign plans shall be submitted to the
Redevelopment Commission for review and approval. Said
precise shall then be submitted to the Planning Commission
as a "Reports and Recommendations" item for review and
approval. The plans shall specify materials, color and
texture of all exterior surfaces including glass, mullions,
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stucco, signs and roofing, and shall incorporate the
following:
(a) Roof, sign and building colors shall be compatible with
the colors of other nearby structures.
(b) The proposed roofing shall consist of Spanish tile or
another similar type roof, as may be approved by the
Redevelopment and Planning Commissions.
(c) All signs shall be of high quality and if internally
lit "can" signs are proposed, such signs shall consist
of individually routed letters similar to those used in
the Koll Anaheim Center retail store fronts.
(d) The signs on subject property shall be limited to:
(i) One, maximum eight (8) foot high, monument sign
located near the intersection of Anaheim Boulevard
and Broadway and subject to approval by the City
Traffic and Transportation Manager for line -of-
sight considerations. The monument sign shall
include a non simulated river -rock base and shall
be placed in a landscaped planter area; and
(ii) Two (2) wall signs, one (1) facing each street and
not exceeding twenty five (25) sq.ft. each. Such
signs shall display only the name of the tenants
and /or a tenant logo, fuel pricing as required by
the State of California, and /or specification of
being open 24- hours.
(e) Neon tubing around the roof shall not be permitted.
(f) All on -site landscaping shall be in conformance with,
and compatible to, landscaping in the Downtown Area.
(g) To the greatest extent practical, existing landscaping
on the perimeter of the site shall be retained and
shall not be unreasonably pruned.
(h) Trash enclosure walls shall be screened with
permanently irrigated plant materials consisting of
vines and shrubs.
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(i) No advertising signs other than those approved by the
Redevelopment and Planning Commissions shall be
constructed or placed on subject property.
(j) Roof mounted equipment shall not be visible from ground
level and shall, to the greatest extent practical, be
screened from the view of nearby high -rise buildings.
All equipment shall be painted to match the roof
material.
2. That the legal property owner shall submit a lot line
adjustment plat (to merge the three (3) subject parcels into
one (1) parcel) to the Public Works Department, Development
Services Division, for review and approval by the City
Engineer. The lot line adjustment shall be recorded prior
to issuance of a building permit.
3. That any exterior vending machine(s) shall not be visible to
the public rights -of -way.
4. That during open business hours of this 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.
5. 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 service 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.
6. That all provisions of Anaheim Municipal Code Section
18.87.023.020 pertaining to the retail sale of beer and wine
for off premises consumption (as it may be amended from time
to time) shall be complied with.
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7. That the sale of alcoholic beverages shall not exceed thirty
five percent (35°1) of the gross sales of all retail sales
during any three (3) month period. The applicant shall
maintain records on a quarterly basis showing 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.
8. 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.
9. That the areas of beer or wine displays shall not exceed
twenty five percent (251) of the total display area in the
building.
10. That window signage shall not be permitted for the service
station or the convenience market. All fixtures, displays,
merchandise and other materials shall be located a minimum
of three (3) feet from all window areas.
11. 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 audible (interior or
exterior).
12. That no video, electronic or other amusement devices or
games shall be permitted anywhere on subject property.
13. That the sale of alcoholic beverages shall be made to
customers only when the customer is inside the building.
14. That no person under twenty one (21) years of age shall sell
or be permitted to sell any beer or wine.
15. That no alcoholic beverages shall be consumed on the
premises.
16. 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
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directed, positioned and shielded in such a manner so as not
to unreasonably illuminate the window areas of adjacent
properties, and that said lighting information shall be
specified on plans submitted for building permits.
17. That beer shall not be sold in packages containing less than
a six (6) pack, and that wine coolers shall not be sold in
packages containing less than a four (4) pack.
18. That the applicant shall be responsible for maintaining the
premises free of litter at all times.
19. That no propane tank(s) shall be permitted on -site.
20. That all landscaped areas shall be planted, irrigated and
permanently maintained, and shall be in conformance with
Exhibit No. 4, except as otherwise conditioned.
21. 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.
22. 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. Trees and shrubbery shall
not be unreasonably trimmed or pruned for purposes of
increasing visibility to the property.
23. That any public telephones proposed on -site shall be located
inside the convenience market.
24 That the legal property owner shall submit a letter to the
Zoning Division requesting termination of Conditional Use
Permit No. 3776 (to permit the construction of a drive
through restaurant with an outdoor patio area), Conditional
Use Permit No. 1693 (to permit the continued use of an
existing billboard with waiver of permitted location and
maximum height), Conditional Use Permit No. 1541 (to permit
the continued use of an existing billboard with waiver of
permitted location and maximum height), Conditional Use
Permit No. 1479 (to permit the continued use of an existing
billboard with waiver of permitted location and maximum
height), and Conditional Use Permit No. 930 (to establish a
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carwash in conjunction with an existing service station).
25. That the petitioner shall be responsible for compliance with
all mitigation measures within the assigned time frames and
any direct costs associated with the attached Mitigation
Monitoring Program No. 99, as established by the City of
Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified
mitigation measures.
26. That prior to commencement of each business operation
(service station, convenience market, drive through car wash
and two fast food restaurants), a valid business license
shall be obtained for each business from the City of Anaheim
Business License Division.
27. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
conformance with the latest revisions of Engineering
Standard Plan Nos. 602 and 604 pertaining to parking
standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
28. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
29. That an on -site trash truck turn around area shall be
provided in accordance with Engineering Standard Detail No.
610 and as required by the Public Works Department, Streets
and Sanitation Division. Said turn around area shall be
shown on plans submitted for building permits.
30. That the car wash tunnel circulation shall be reviewed and
approved by the City Traffic and Transportation Manager.
31. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
conformance with Engineering Standard No. 137 pertaining to
sight distance visibility for the monument sign location.
32. That a plan sheet for solid waste storage and collection and
a plan for recycling shall be submitted to the Public Works
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Department, Streets and Sanitation Division, for review and
approval.
33. That landscaped planters shall be provided adjacent to the
building except where pedestrian access is provided into the
building. Said planters shall be shown on plans submitted
for building permits.
34. That fast food sales areas shall be limited to those shown
on the approved exhibits.
35. That no areas shall be provided for on -site food
consumption.
36. That no flags, banners or pennants used for advertising or
promotional purposes shall be permitted to be displayed
outside the building with the exception of one (1) maximum
ten (10) square foot banner (mounted on the building) per
street frontage, which banners may be displayed only upon
issuance of a Special Event Permit by the Zoning Division.
37. That sale of beer and wine shall be permitted only between
the hours of 8:00 a.m. and 10 p.m.
38. 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 6; and as conditioned herein.
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, 4, 5, 16, 24,
27, 29, 30, 31, 32 and 33, 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. Further, if an
extension of time is requested for the alcohol sales portion
of this request, it shall be considered at a noticed public
hearing.
40. That prior to final building and zoning inspections,
Condition Nos. 20, 38 and 41, herein, shall be complied
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with.
41. That the proposed most westerly driveway on Broadway shall
be removed from the plans and that the most easterly
driveway opening may be enlarged.
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.
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 15th day of July, 1997.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0023724.01
MAYOR OF THE CITY OF HEIM
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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 -137 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 15th day of July, 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 -137 on the 15th day of July, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 15th day of July, 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 -137 was duly passed and adopted by the City Council of
the City of Anaheim on July 15th, 1997.
sm_t_a
CITY CLERK OF THE CITY OF ANAHEIM