Resolution-PC 2000-113~
RESOLUTION NO. PC2000-113
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04256 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUINTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS: ~
BEGINNING AT THE NORTH~AST CORNER OF SAID SECTION 19; THENCE
SOUTH 00 DEGREES 27' WEST 280.00 FEET ALONG THE EAST LINE OF
SAID SECTION; THENCE SOUTH 89 DEGREES 54' 40" WEST 175.00 FEET
PARALLEL WITH THE NORTH LINE OF SAID SECTION 19; THENCE NORTH
00 DEGREES 27' EAST 280.00 FEET PARALLEL WITH THE EAST LINE OF
SAID SECTION 19 TO THE NORTH LINE OF SAID SECTION 19; THENCE
NORTH 89 DEGREES 54' 40" ~AST 175.00 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 25, 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 conditional use permit and
to investigate and make findings and recommendations 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,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.070 and 18.44.050.195 to construct a new service station
with a convenience market and with waiverS of the following:
(a) Sections 18.05.093.020 - Maximum area of monument sian.
and 18.44.067
(b) Sections 18.05.093.050 - Maximum heiqht of monument siqn.
and 18.44.067
(c) Sections 18.05.093.060 - Maximum width of monument siqn.
and 18.44.067 (10 feet permitted; 13 feet. 8 inches proposed)
(d) Section 18.44.050.070 - Req~ired landscapinq adjacent to interior site boundarv lines.
and 18.87.030.070.072 (miniimum 6 trees planted on maximum 20-foot centers required for
service stations; none proposed along the south property line)
2. That waivers (a) and (b), pertaining to maximum area and maximum height of a
monument sign, are hereby denied because revised plans were submitted eliminating the need for the
waivers.
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3. That waiver (c), maximum width of monument sign, is hereby denied on the basis that
there is no hardship on the property to justify the waiver and that other service stations and other
commercial development in the CL "Commercial, Limited" zone are required to comply with Code
requirements for monument signs; and that approval of this waiver would grant a special privilege not
shared by other similar properties.
4. That waiver (d), required landscaping adjacent to interior site boundary lines, is hereby by
approved based on the narrow dimension of the property; and that similar CL-zoned properties do not
require landscaping along interior boundary lines where abutting other commercially zoned and
developed properties.
5. That subject property is located in the West Anaheim Commercial Corridors
Redevelopment Project Area.
6. That 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.
7. That the size and shape of the site for the proposal is adequate to allow full development
of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and
general welfare.
8 That 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.
9. That granting of this 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.
10. That one concerned person spoke at the public hearing; that no one indicated their
presence in opposition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a new service station with a convenience
market and with waivers of maximum area of monument sign, maximum height of monument sign,
maximum width of monument sign, and required landscaping adjacent to interior site boundary lines on a
rectangularly-shaped 0.6-acre property located at the southwest corner of Ball Road and Brookhurst
Street, having frontages of 115 feet on the south side of Ball Road and 230 feet on the west side of
Brookhurst Street, and further described as 1201 South Brookhurst Street; and does hereby approve the
Negative Declaration upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the property owner shall be responsible for the installation of street lights along Ball Road and
Brookhurst Street; and that installation of said street lights shall be completed prior to final
occupancy of the service station.
2. That the property owner shall provide the City of Anaheim with a public utility easement across the
property for the electrical facilities, primary line, and transformer. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
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3. That because this project has landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
4. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets and/or properties. Said information shall
be specifically shown on the plans submitted for building permits.
5. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
6. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with Y~he most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
7. That the driveways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 137. Said information shall be
specifically shown on the plans submitted for building permits.
8. That no portion of the parking area shall be fenced.
9. That no "compacY' parking spaces shall be permitted.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance
visibility for the monument sign.
11. That trash storage area(s) shalt be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to
be readily identifiable from adjacent s~treets or~highways. The enclosure walls of the storage areas
shall be protected from graffiti opportwnities by the use of plant materials such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said
information shall be specifically shown on the plans submitted for building permits.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
13. That an on-site trash truck turn-around area shall be provided in conformance with Engineering
Standard Detail No. 610 and maintair~ed to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
14. The legal property owner shall submiC an application for a Subdivision Map Act Certi~cate of
Compliance to the Public 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.
15. That a fee for sewer capacity mitigation for the South Brookhurst Corridor sewer deficiency study
area shall be paid to the City of Anaheim.
16. That no alcoholic beverages, including no beer or wine, shall be sold on the premises.
17. That no public telephones on the premises shall be located outside a building.
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18. That no fast-food service facilities sh~ll be permitted in the convenience market unless approved by
the Planning Commission at a public hearing.
19. That no exterior vending machines shall be permitted on the premises.
20. That window signage shall not exceed ten percent (10%) of the glass surtace for the service station
or convenience market. ~
21. That no seating or table areas shall be provided for on-site food consumption.
22. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within finrenty
four (24) hours from time of occurrence.
23. That a landscaping and irrigation plan, including a minimum of thirty four (34), twenty four inch (24")
box sized trees, shall be submitted to the Zoning Division for review and approval. Any decision
made by the Zoning Division regarding said plan may be appealed to the Planning Commission
and/or City Council. Following approval said landscaping shall be installed and properly
maintained.
24. 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 the plans submitted for building permits. Said plans shall also identify the specific screening
treatment for each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate city departments.
25. That no video, electronic or other amusement devices or games shall be permitted on this property.
26. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove the service station structures in the event that the
station is closed for a period of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less than fifteen (15) days. A copy of the
recorded agreement shall be submitted to the Zoning Division.
27. That no propane tanks shall be permitted on this property.
28. That immediately following removal of the existing vapor extraction unit (located adjacent to the
west property line), the property owner shall install a landscaped planter and plant a twenty four
inch (24") box sized Jacaranda tree within the landscaped area. Said landscaping shall be shown
on a plan submitted to the Zoning Divusion Staff for review and approval.
29. That the location of any above-ground exhaust vents in conjunction with this service station shall be
shown on the plans submitted for building permits; and that said location shall be outside all
required setback areas and shall be as least noticeable from public view as possible. Said plans
shall also identify the specific treatme~t of each vent (i.e., landscape screening, color of vents,
materials, etc.) and shall be subject to review and approval by the appropriate city departments.
30. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner, as approved by the Planning Commission. Any additional signage shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
31. That any roof-mounted equipment shall be completely screened from view in all directions by
design/architectural elements of the building. 1Vo other screening devices shall be permitted. Said
screening information shall be specifically shown on the plans submitted for building permits.
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32. That trees shall not be unreasonably pruned to increase visibility of this facility.
33. That roof-mounted balloons or other similar advertising devices shall not be permitted.
34. That clinging vines shall be planted o~ maximum three (3) foot centers against all screen walls;
and that said information shall be specifically shown on the plans submitted for building permits.
35. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted outside the
building.
36. That the underside of the service station canopy shall be a maximum fifteen (15) feet high. This
information shall be specifically shown on the plans submitted for building permits.
37. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 638 (permitting an existing service station within 75 feet
of R-1 "Single-Family Residential" zoning) and Conditional Use Permit No. 3932 (permitting
expansion of an existing service station to include a convenience market with retail sale of beer and
wine for off-premises consumption).
38. That during business hours, a minimum of one (1) restroom shall be available to the public; and
that said restroom shall be properly supplied and maintained.
39. That any service station air and/or water facilities shall be submitted to the Zoning Division for
review and approval.
40. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein, including that the
monument sign shall comply with the applicable Zoning Code standards.
41. 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. 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 23, 24, 26,
28, 29, 31, 34, 36, 37 and 39, 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.
42. That prior to final building and zoning inspections, Condition Nos. 1, 2 and 40, above-mentioned,
shall be complied with.
43. 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 brdinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 25, 2000. ~j
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CHAIRPERSON, ANAJrfEIM CITY`PLANNING COMMISSI
ATTEST:
1eG~
SECR TARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 25, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~-"' day of
~ , 2000.
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CRET Y, ANAHEIM CITY PLANNING COMMISSION
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