RES-2021-054RESOLUTION NO. 2021-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING CONDITIONAL USE PERMIT NO.
2019-06035, PUBLIC CONVENIENCE OR NECESSITY NO.
2019-00148 AND ADMINISTRATIVE ADJUSTMENT NO.
2020-00449 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2019-00042)
(2501-2525 EAST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition for Conditional Use Permit No. 2019-06035, Public Convenience or
Necessity No. 2019-00148, and Administrative Adjustment No. 2020-00449 to construct a new
24-hour convenience market with gas sales and an express carwash with ancillary vacuum and a
wall that exceeds the maximum height along the northerly residential property line, and an
associated Determination of Public Convenience or Necessity to permit off -premises sales of
alcoholic beverages (herein referred to as the "Proposed Project") on that certain real property
located at 2501-2525 West Ball Road in the City of Anaheim, as generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), pursuant
to Section 18.60.090 of the Anaheim Municipal Code ("Code"); and
WHEREAS, the Property is approximately 1.86- acres in size and is developed with an
approximate 17,000 square foot, 1 -story commercial building. The Property is located in the C -G
(General Commercial) zone and is, therefore, subject to the zoning and development standards
described in Chapter 18.08 (Commercial zones) of the Code. The Land Use Element of the
Anaheim General Plan designates the Property for General Commercial land uses; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newson issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-
25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings
via teleconferencing and to make public meetings accessible telephonically or otherwise
electronically to all members of the public seeing to observe and to address the local legislative
body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021 at
5:00 p.m., which public hearing was continued to April 12, 2021, with notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use
Permit No. 2019-06035, Public Convenience or Necessity No. 2019-00148, and Administrative
Adjustment No. 2020-00449 and to investigate and make findings and recommendation in
connection therewith; and
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WHEREAS, pursuant to and in. accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedures, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, on April 12, 2021, the Planning Commission, after due inspection,
investigation and study made by itself and on its behalf, and after due consideration of all evidence
and reports offered at said hearing pertaining with regard to the request for Conditional Use Permit
No. 2019-06035, Public Convenience or Necessity No. 2019-00148 and Administrative
Adjustment No. 2020-00449, adopted its Resolution No. PC2021-012 finding and determining that
the Proposed Project was categorically exempt from the provisions of CEQA pursuant to CEQA
Guidelines Section 15032 (Class 32— In -Fill Development) and approving Conditional Use Permit
No. 2019-06035, Public Convenience or Necessity No. 2019-00148 and Administrative
Adjustment No. 2020-00449; and
WHEREAS, within the time prescribed by law, interested parties did appeal said Planning
Commission decision to the City Council; and
WHEREAS, thereafter, the City Council did set the matter 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 hold
and conduct such public hearing and did give all persons interested therein an opportunity to be
heard, and did receive evidence and reports, and did consider the recommendations and action of
the Planning Commission; and
WHEREAS, pursuant to and in accordance with the provisions of CEQA, the CEQA
Guidelines, and the City's Local CEQA Procedures, the City Council finds that the Proposed
Project is within that class of projects (i.e., Class 32 — In -fill Development projects) which consists
of in -fill development meeting the conditions described in Section 15332 of the CEQA Guidelines;
that is, (a) the project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations, (b) the
proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses, (c) the project site has no value as habitat for endangered,
rare or threatened species, (d) approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by
all required utilities and public services. The City Council finds and determines that the Property
is located within an "urbanized area", as that term is defined in Section 15387 of the CEQA
Guidelines, and meets the aforementioned conditions and will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the City Council , 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
pertaining to the request for Conditional Use Permit No. 2019-06035, does find and determine the
following facts:
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1. The Proposed Project is an allowable use within the "C -G" Commercial Zone under
subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the
Code, subject to a conditional use permit and the zoning and development standards of the "C -G"
Commercial Zone.
2. The request to permit the Proposed Project would not adversely affect the adjoining
land uses, or the growth and development of the area because the conditions of approval contained
herein will mitigate any potential impacts to surrounding residential properties. Furthermore, the
Proposed Project will improve the aesthetics on the Property and the overall appearance of the
project site, and would not have an adverse effect on adjacent residential and commercial uses.
3. The size and shape of the site is adequate to allow the full development of the Proposed
Project in a manner not detrimental to either the particular area nor to the health and safety of the
public because the site can accommodate the parking, traffic flows, and circulation without
creating detrimental effects on adjacent properties.
4. The traffic generated by the Proposed Project would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the future uses.
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because the Proposed Project would significantly
improve the overall appearance of the project site, and is compatible with the surrounding area,
subject to compliance with the conditions contained herein; and
WHEREAS, the City Council, 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
with respect to the request for a Determination of Public Convenience or Necessity No. 2019-
00148, does find and determine the following facts:
1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing
procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "Public Convenience or Necessity" on those certain applications requiring that
such determination be made by the local governing body pursuant to applicable provisions of the
Business and Professions Code, and prior to the issuance of a license by the Department of
Alcoholic Beverage Control ("ABC").
2. Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a license if issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an "undue concentration" of licenses, except when
an applicant has demonstrated that "public convenience or necessity" would be served by the
issuance of a license. For purposes of Section 23958.4, "undue concentration" means the case in
which the Property is located in an area where any of the following conditions exist:
(a) The Property is located in a crime reporting district that has a 20 percent
greater number of reported crimes than the average number of "reported crimes" (as
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defined in Section 23958.4), as determined from all crime reporting districts within the
City of Anaheim.
(b) As to on -sale retail license applications, the ratio of on -sale retail licenses
to population in the census tract or census division in which the Property is located exceeds
the ratio of on -sale retail licenses to population in the county in which the applicant
premises are located.
(c) As to off -sale retail license applications, the ratio of off -sale retail licenses
to population in the census tract or census division in which the Property is located exceeds
the ratio of off -sale retail licenses to population in the county.
3. Notwithstanding the existence of the above -referenced conditions, ABC may issue
a license if the City Council determines that the "public convenience or necessity" would be served
by the issuance.
4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to "public convenience or necessity" determinations; and, when
the sale of alcoholic beverages for on -premises consumption is permitted by the Code, said
recommendations shall take the form of conditions of approval to be imposed on the determination
in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect
any adjoining land use or the growth and development of the surrounding area.
5. The Property is located Census Tract Number 863.06 which has a population of
3,658 people. This population allows for four (4) on -sale Alcoholic Beverage Control licenses and
there is presently two (2) licenses in the tract. It also allows for two (2) off -sale licenses and there
are presently three (3) licenses in the tract. This location is within Reporting District 1829 which
is below the city average in crime. The'/ -mile radius surrounding this location is 30% above the
city average in crime. Since the crime rate is above the citywide average, a determination of
"public convenience or necessity" is required.
6. The request to permit alcoholic beverage sales for off -premises consumption would
not adversely affect the surrounding land uses and the growth and development of the area in which
it is proposed to be located because the proposed development of the premises is compatible with
the existing uses in the surrounding area.
7. The determination of "Public Convenience or Necessity" can be made based on the
finding that the license requested is consistent with the City's guidelines for such determinations
and further that the granting of the determination of Public Convenience or Necessity, under the
conditions imposed, will not be detrimental to the health and safety of the citizens of the City of
Anaheim and;
WHEREAS, the City Council does further find and determine that the request for
Administrative Adjustment No. 2020-00449 for a 12 -foot high combination masonry
block/Plexiglas wall along the residential property line may be approved for the following reasons:
1. The adjustment for increased wall height is consistent with the purposes and intent
of the Zoning Code because the wall will provide additional separation and will serve as a barrier
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between the commercial uses and residential uses. The additional height of the combination wall
will help minimize negative impacts to the residential use.
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment. The Zoning Code limits walls separating commercially -
zoned property from residentially -zoned property to eight feet in height. The application of the
adjustment to allow for a 12 -foot wall height is permitted through the approval of an administrative
adjustment to minimize negative impacts to residential uses.
3. The adjustment will allow for the combination wall comprised of masonry block
and a Plexiglas top to adequately screen and minimize impacts between the non-residential and
residential uses, and will not produce a result that is out of character or detrimental to the
neighborhood; and
WHEREAS, the City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the
facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that negate the
findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim
that, pursuant to the above findings, this City Council does hereby approve Conditional Use Permit
No. 2019-06035, Public Convenience or Necessity No. 2019-00148, and Administrative
Adjustment No. 2020-00449 at the Property, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property
for which Conditional Use Permit No. 2019-06035, Public Convenience or Necessity No. 2019-
00148, and Administrative Adjustment No. 2020-00449 is applicable in order to preserve the
health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further
time to complete conditions of approval may be granted in accordance with Section 18.60.170 of
the Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit maybe processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED 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 condition, 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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 time within which a rehearing must be sought is
governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by Section 1094.6 of
the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION was adopted at the City Council meeting on June 8,
2021 by the following roll call vote:
AYES: Mayor Sidhu and Council Members Diaz, Brandman,
and O'Neil
NOES: Mayor Pro Tem Faessel and Council Members Moreno
and Valencia
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
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EXHIBIT "A"
DEV N4. 2019-00042
E BALL RD
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Feet
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2019-06035
PUBLIC CONVENIENCE OR NECESSITY NO. 2019-00148
ADMINISTRATIVE ADJUSTMENT NO. 2020-00449
(DEV2019-00042)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO DEMOLITIONAND/OR ISSUANCE OF GRADING PERMITS
1
The perimeter wall along the residential property line shall be
Planning and
constructed prior to demolition of the existing commercial building
Building
or grading activity.
Department,
Planning Services
PRIOR TO ISSUANCE OF GRADING PERMITS
2
Prepare and submit a final grading plan showing building footprints,
Public Works,
pad elevations, finished grades, drainage routes, retaining walls,
Development
erosion control and other pertinent information in accordance with
Services
Anaheim Municipal Code and the California Building Code, latest
edition.
3
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrological calculations to the City of Anaheim for
Development
review and approval. The study shall confirm or recommend
Services
changes to the City's adopted Master Drainage Plan by identifying
off-site and on-site storm water runoff impacts resulting from build-
out of permitted General Plan land uses. In addition, the study shall
identify the project's contribution and shall provide locations and
sizes of catchments and system connection points and all
downstream drainage -mitigating measures including but not limited
to offsite storm drains and interim detention facilities. The final
drainage study shall include calculations for 10, 25 and 100 -yr flows
for both existing and proposed condition and show that proposed
condition flows do not exceed the existing condition flows.
4
Execute a Save Harmless Agreement with the City of Anaheim for
Public Works,
any storm drain connections to the City's storm drain system. The
Development
agreement shall be recorded by the applicant on the property prior
Services
to the issuance of any permits.
5
Obtain the required coverage under California's General Permit for
Public Works,
Stormwater Discharges associated with Construction Activity by
Development
providing a copy of the Notice of Intent (NOI) submitted to the State
Services
Water Resources Control Board and a coy of the subsequent
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
notification of the issuance of a Waste Discharge Identification
(WDID) number.
6
Prepare a Stormwater Pollution Prevention Plan (SWPPP). The
Public Works,
SWPPP shall be kept at the project site and be available for Public
Development
Works Development Services Division review upon request.
Services
7
Submit a Final Water Quality Management Plan (WQMP) to the
Public Works,
City for review and approval. The WQMP shall be consistent with
Development
the requirements of Section 7 and Exhibit 7.II of the Orange County
Services
Drainage Area Management Plan (DAMP) for New
Development/Significant Redevelopment projects. The WQMP
shall identify potential sources of pollutants during the long-term
on-going maintenance and use of the proposed project that could
affect the quality of the stormwater runoff from the project site;
define Source Control, Site Design, and Treatment Control (if
applicable) best management practices (BMPs) to control or
eliminate the discharge of pollutants into the surface water runoff;
and provide a monitoring program to address the long-term
implementation of and compliance with the defined BMPs. The
Final WQMP shall be subject to the following additional conditions,
which have resulted from the review of the Preliminary WQMP for
this project:
• All DMAs must be clarified in the WQMP narrative and on the
WQMP exhibit. For example, the ridgeline labels on south side
of the property currently do not follow the DMA boundary. The
flow direction of these areas will need to be confirmed in the Final
WQMP to ensure all areas of the project are treated by BMP.
• Cross section details must match BMP design specifications in
the WQMP calculations (e.g., media depth).
• Final structural BMPs must be included in Section V and in the
O&M Attachment along with identified responsible party for long
term operation and maintenance of BMPs. N14/S 1 are applicable
since drain inlets are proposed onsite.
• All structural and non-structural BMPs must be described in the
Final WQMP narrative as well as on the WQMP exhibit. This
includes, for example, S3 for proper design of the two onsite trash
enclosures.
• Notice of Transfer of Responsibility shall be provided in the Final
WQMP.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
Submit a Geotechnical Report to the Public Works Development
Public Works,
Services Division for review and approval. The report shall address
Development
grading and any proposed infiltration features of the WQMP.
Services
9
The Owner/Developer shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the project.
PRIOR TO ISSUANCE OF BUILDING PERMITS
10
Record Parcel Map No. 2020-100 pursuant to the Subdivision Map
Public Works,
Act and in accordance with City Municipal Code. Provide a
Development
duplicate photo Mylar of the recorded map to the City Engineer's
Services
office.
11
Any/all existing easements in conflict with the proposed buildings
Public Works,
shall be abandoned and the abandonment document recorded.
Development
Services
12
Obtain a Right -of -Way Construction Permit (RCP) from the
Public Works,
Development Services Division and post a security for construction
Development
of all required public improvements within street right-of-way.
Services
13
Provide a certificate from a Registered Civil Engineer certifying
Public Works,
that the finished grading has been completed in accordance with the
Development
City approved grading plan.
Services
14
All site landscape plans shall comply with the City of Anaheim
Public Works,
adopted Landscape Water Efficiency Guidelines. This ordinance is
Development
in compliance with the State of California Model Water Efficient
Services
Landscape Ordinance (AV 1881).
15
That curbs adjacent to the drive aisles shall be painted red to
Public Works,
prohibit parallel parking in the drive aisles. Red curb locations shall
Traffic
be clearly labeled on building plans.
Engineering
16
A private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
17
All backflow equipment shall be located above ground outside of
Public Utilities,
the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any backflow assemblies currently installed in a
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction
of the Water Engineering Division outside of the street setback area
in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
18
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments of
Water Engineering
existing water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of
the Anaheim Public Utilities Department.
19
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or
Water Engineering
fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no
longer needed. The Owner/Developer shall be responsible for the
costs to upgrade or to abandon any water service or fire line.
20
The Car Wash shall comply with all state laws and local ordinances
Public Utilities,
for Water Conservation Measures, including Chapter 10.18 of
Water Engineering
Anaheim Municipal Code and Ordinance relating to Water
Reduction provisions.
21
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to determine
the adequacy of the existing water system to provide the estimated
water demands. Any off-site water system improvements required
to serve the project shall be done in accordance with Rule No. 15A. I
of the Water Utility Rates, Rules, and Regulations.
22
Individual water service and/or fire line connections will be
Public Utilities,
required for each parcel or residential, commercial, industrial unit
Water Engineering
per Rule 18 of the City of Anaheim's Water Rates, Rules and
Regulations.
23
Applicant shall contact Water Engineering for recycled water
Public Utilities,
system requirements and specific water conservation measures to
Water Engineering
be incorporated into the building and landscape construction plans.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
24
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical
establish electrical service requirements and submit electric system
Engineering
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
25
Prior to connection of electrical service, the legal owner shall
Public Utilities,
provide to the City of Anaheim a Public Utilities easement with
Electrical
dimensions as shown on the approved utility service plan.
Engineering
26
Prior to connection of electrical service, the legal owner shall
Public Utilities,
submit payment to the City of Anaheim for service connection fees.
Electrical
Engineering
27
A Shared Parking Agreement shall be reviewed and approved by
Planning and
the Director of Planning and Building. The agreement shall specify
Building
the number and location of customer and employee parking
Planning Services
available for all uses.
28
The managers and/or owners shall be responsible for maintaining
Planning and
the area adjacent to the premises over which they have control, in
Building
an orderly fashion through the provision of regular maintenance and
Code Enforcement
removal of trash or debris. Any graffiti painted or marked upon the
Division
premises or on any adjacent area under the control of the licensee
shall be removed or painted over within 24 hours of being applied.
29
Building shall be equipped with a comprehensive security alarm
Police Department
system (silent or audible) for the following coverage areas:
• Perimeter of building and access route protection.
• High valued storage areas.
• Robbery Panic Alarm at Cashier register(s)
30
Complete a Burglary/Robbery Alarm Permit application, Form
Police Department
APD 516, and return it to the Police Department prior to initial
alarm activation.
31
Rooftop address numbers for the police helicopter. Minimum size
Police Department
4' in height and 2' in width. The lines of the numbers are to be a
minimum of 6" thick. Numbers should be spaced 12" to 18" apart.
Numbers should be painted or constructed in a contrasting color to
the roofing material. Numbers should face the street to which the
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
structure is addressed. Numbers are not to be visible from ground
level.
32
"No Trespassing 602(k) P.C." posted at the entrances of parking
Police Department
lots/structures and located in other appropriate places. Signs must
be at least 2' x 1' in overall size, with white background and black
2" lettering.
33
All entrances to parking areas shall be posted with appropriate signs
Police Department
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request
34
Closed circuit television (CCTV) security camera system, with the
police Department
following coverage areas:
• Interior entrance to store
Planning and
• Exterior entrance to store
Building, Planning
• Parking areas
Services
• Fuel pumps
• Cashier's area
• Rear of the store and carwash along the residential properties
35
If security cameras are not monitored, signs indicating so should be
Police Department
placed at each camera.
36
CCTV monitors and recorders should be secured in a separate
Police Department
locked compartment to prevent theft of, or tampering with, the
recording.
37
With advances in technology, digital and wireless CCTV security
Police Department
systems are readily available and highly recommended over older
VHS or "Tape" recording systems.
38
CCTV recordings should be kept for a minimum of 30 days before
Police Department
being deleted or recorded over.
39
If used, CCTV videotapes should not be recorded over more than
Police Department
10 items per tape.
40
Address numbers shall be positioned so as to be readily readable
Police Department
from the street. Number should be illuminated during hours of
darkness.
41
All exterior doors to have adequate security hardware, e.g. deadbolt
Police Department
locks.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
42
Wide-angle peepholes or other viewing device should be installed
Police Department
in solid doors where natural surveillance is compromised.
43
The locks shall be so constructed that both the deadbolt and
Police Department
deadlocking latch can be retracted by a single action of the inside
doorknob/lever/turn piece.
44
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
45
Adequate lighting of parking lots, passageways, recesses, and
Police Department
grounds contiguous to buildings shall be provided with lighting of
sufficient wattage to provide adequate illumination to make clearly
visible the presence of any person on or about the premises during
the hours of darkness and provide a safe, secure environment for all
person, property, and vehicles on-site.
46
All exterior doors shall have their own light source, which shall
Police Department
adequately illuminate door areas at all hours to make clearly visible
the presence of any person on or about the premises and provide
adequate illumination for persons exiting the building.
47
Landscaping shall be of the type and situated in locations to
Police Department
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along fence
and property lines and under vulnerable windows.
48
Trees should not be planted close enough to the structure to allow
Police Department
easy access to the roof, or should be kept trimmed to make climbing
difficult.
49
Trash enclosures should not block visibility of doors or windows or
Police Department
be located close enough to, the structure to provide access to the
roof.
50
Minimum recommended lighting level in all parking lots is .5 foot-
Police Department
candle maintained, measured at the parking surface, with a
maximum to minimum ratio no greater than 15:1.
51
Whenever possible, open fencing design, such as wrought iron or
Police Department
tubular steel, should be utilized to maximize natural surveillance
while enhancing territorial reinforcement.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
52
The following installations should be considered:
Police Department
• Traffic bollards capable of stopping a moving vehicle shall
be evenly spaced the front of the convenience store between
the structure and parking area.
• Locked cages, rooms, or safes (if any).
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
53
All public improvements shall be constructed by the developer,
Public Works,
inspected and accepted by Construction Services prior to final
Development
building and zoning inspection.
Services
54
All remaining fees/deposits required by Public Works department
Public Works,
must be paid in full.
Development
Services
55
Set all Monuments in accordance with the parcel map and submit
Public Works,
all centerline ties to Public Works Department. Any monuments
Development
damaged as a result of construction shall be reset to the satisfaction
Services
of the City Engineer.
56
Fire lanes shall be posted with "No Parking Any Time." Said
Public Works,
information shall be specifically shown on plans submitted for
Traffic
building permits.
Engineering
57
Left turns into and out of the site on Ball Road shall be prohibited.
Public Works,
Signs marking "No Left Turn", consistent with the current version
Traffic
of the California Manual of Uniform Traffic Control Devices shall
Engineering
be installed to regulate this restriction until such time a raised
median is installed on Ball Road.
58
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property,
Water Engineering
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
OPERATIONAL CONDITIONS
59 There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, Police Department
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are clearly
visible to the exterior shall constitute a violation of this condition.
-15-
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
60
The area of alcoholic beverage displays shall not exceed 25% of the
total display area in a building.
No display of alcoholic beverages shall be located outside of a
Police Department
61
building or within five (5) feet of any public entrance to the
Police Department
building.
62
The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are prohibited on or around
Police Department
these premises.
Any graffiti painted or marked upon the premises or on any adjacent
63
area under the control of the licensee shall be removed or painted
Police Department
over within 24 hours.
Petitioner(s) shall police the area under their control in an effort to
64
prevent the loitering of persons around the premises.
There shall be no pay to play amusement machines or video game
Police Department
65
devices maintained upon the premises at any time.
Police Department
66 The petitioner(s) shall be responsible for maintaining free of litter
the area adjacent to the premises over which they have control, as
depicted.
67 Managers / Owners need to call the Department of Alcoholic
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program), RBS, or similar certificate training
for themselves and register employees. The contact number for
ABC is 657-205-3533.
68 The Petitioner(s) shall post and maintain a professional quality
sign facing the premises parking lot(s) that reads as follows:
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block
lettering. The sign shall be in English and Spanish.
69 The car wash shall employ someone to monitor the vacuum area.
They shall facilitate and encourage patrons to turn car radios off
while vacuuming. Signs shall be posted within the carwash queue
line near the point of sale and at the exit tunnel requiring patrons to
turn radios off in consideration of neighbors. This will help
alleviate additional noise to the residential area.
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Police Department
Police Department
Police Department
Police Department
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
70
In the "Letter of Operation" the applicant states they want the car
wash open at 7:00 a.m., which is the earliest they may open. Police Department
71
Except under exigent circumstances, fuel delivery shall be limited
to the hours between 7:00 a.m. and 11:00 p.m.
Planning and
Building,
Planning Services
Division
72
The Director of Public Works shall monitor left turn movements
into and out of the project driveway on South Sunkist Street and Public Works,
shall prohibit such movements if deemed necessary at any time. Traffic
Engineering
GENERAL CONDITIONS
73
The following minimum clearances shall be provided around all
Public Utilities,
new and existing public water facilities (e.g. water mains, fire
Water Engineering
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.):
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
74
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
75
No public water mains or laterals allowed under parking stalls or
Public Utilities,
parking lots.
Water Engineering
76
All fire services 2 -inch and smaller shall be metered with a UL
Public Utilities,
listed meter, Hersey Residential Fire Meter with Translator
Water Engineering
Register, no equals.
77
The property owner is responsible to remove and relocate any traffic
Public Works,
signal poles and equipment at the intersection of Ball Road and
Traffic
Sunkist Street, if necessary, at the OWNERS expense.
Engineering
-17-
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
78
Hours of Operation for the carwash facility shall be restricted to
Planning and
7:00 a.m. to 8:00 p.m. seven days a week. Any changes to the
Building,
facility's hours of operation shall be subject to review and approval
planning Services
by the Planning Director to determine substantial conformance and
Division
to ensure compatibility with the surrounding uses.
79
All new landscaping shall be installed in conformance with Chapter
Planning and
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Building,
and shall be maintained in perpetuity. Landscaping shall be
planning Services
replaced in a timely manner in the event that it is removed,
Division
damaged, diseased and/or dead.
80
The Applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of
Building,
the issuance of the final invoice or prior to the issuance of building
planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
81
The Applicant shall defend, indemnify, and hold harmless the City
Planning and
and its officials, officers, employees and agents (collectively
Building,
referred to individually and collectively as "Indemnitees") from any
planning Services
and all claims, actions or proceedings brought against Indemnitees
Division
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
82
The property shall be developed substantially in accordance with
Planning and
plans and specifications submitted to the City of Anaheim by the
Building,
applicant and which plans are on file with the Planning Department
planning Services
and as conditioned herein.
Division
-18-
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-054 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 8th day of June. 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Diaz, Brandman, and O'Neil
NOES: Mayor Pro Tem Faessel and Council Members Moreno and Valencia
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of June, 2021.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)