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Resolution-PC 2000-22• ~ RESOLUTION NO. PC2000-22 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4183 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 LOT 30 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGE(S) 163 ET SEQ., ENTITLED " LOS ANGELES COUNTY MAP" IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF WEST STREET, 66.00 FEET WIDE, DISTANT THEREON 201.85 FEET NORTHERLY FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF BALL ROAD, 60.00 FEET WIDE, AND RUNNING THENCE SOUTHERLY, ALONG SAID CENTER LINE OF WEST STREET, 201.85 FEET TO SAID CENTER LINE OF BALL ROAD; THENCE WESTERLY, ALONG SAID CENTER LINE OF BALL ROAD, 196.70 FEET; THENC~ NORTHERLY AT RIGHT ANGLES TO SAID CENTER LINE OF BALL ROAD, TO AN INTERSECTION WITH A LINE WHICH IS AT RIGHT ANGLES TO SAID CENTER LINE OF WEST STREET AND WHICH PASSES THROUGH 7HE POINT OF BEGINNING; THENCE EASTERLY 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 March 13, 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 property one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.48.020.050.0505 and 18.48.070.050.0511 to remodel and expand an existing legal nonconforming service station and convenience market, with waiVers of: (a) Sections 18.06.050.020.0225 - Minimum number of parkinq spaces. 18.06.080 and 18.48.110.120 (3 additional qarking spaces required for a 500 sq.ft. convenience market expansion; 2 existing parking spaces with no additional spaces proposed) (b) Section 18.48.070.090.0903 (c) Sections 18.48.070.110.1109 - and 18.48.070.110.1111 Minimum interior setback area. (10-foot landscaped setback required along the north property line (5-foot wide existing); no setback proposed) Repuired wall screeninq. (walls required to be screened with clinqing vines and/or shrubberv; no screenin4 proposed along new block walls) CR3901 PK.doc -1- PC2000-22 ~ ~ (d) Sections 18.48.130.060.0604 - Maximum number and size of wall signs. and 18.48.130.070.0702 (4 wall signs permitted in accordance with Exhibit 7.Oa "General Sign Standards Matrix" for the Anaheim Resort, consisting of 1 convenience market siqn and 3 service station signs; 5 wall siqns proposed, consisting of 2 convenience market si4ns and 3 service station signs) 2. That waiver (a), minimurrn number of parking spaces, is hereby approved on the basis that the Traffic and Transportation Manager concurs with the waiver because, as indicated in the petitioner's parking analysis dated January 25, 2000, the proposed expansion area will be used for storage only and will not increase the retail sales, display and/or service area or increase the number of employees on the premises. 3. That, pa~king waiver (a), ~under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the use than the number of spaces necessary to accommodate the facility's operation nor increase the demand or competition for parking spaces upon the public street in the immediate vicinity or upon adjacent private properties inasmuch as the proposed expansion area will be used for storage only and will not increase the sales, display and/or service area or increase the number of employees upon the premises. 4. That, parking waiver (a), under the conditions imposed, will not increase traffic congestion within the off-street parking areas or impede vehicular ingress/egress to or from adjacent properties upon the public streets in the immediate vicinity in that the facility is currently in operation and the improvements will not increase the customer service or retail areas, nor the number of employees. 5. That waiver (b), minimurn interior setback area (to waive the requirement for a 10-foot setback from the north property line for the ±convenience market expansion area) and waiver (c), required wall screening (to waive the requirement to screen the new block walls with clinging vines or shrubbery), under the conditions imposed, are hereby approved, on the basis that special circumstances have been identified which are applicable to the size, shape and location of the property and existing building configuration that do not apply to other identically-zoned properties in the vicinity in that the property is an irregularly-shaped parcel of land that has been impacted by the public right-of-way improvements along both Ball Road and West Street, which improvements have resulted in an overall reduction in the gross square footage of the property; that a portian of the existing building has a minimum 5-foot setback from the north property line; that the building expansion area and block wall are proposed to encompass area which is currently enclosed by a chain link fence with redwood slats; that due to the reduction in the gross square footage of the property as a result o~ public right-of-way improvements and the existing layout and design of the convenience market, canopy and drive aisles, there is no ability to expand the building on the south elevation or the east elevation; that the portions of the block wall which are oriented towards the interior of the property will not be visible from any adjacent property or public rights-of-way; that no trash enclosure walls will face a street; and, that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the same vicinity and zone classification because this property is one of the smallest in the vicinity and was, therefore, the most impacted by public right-of-way improvements. 6. That waiver (d) maximum number of wall signs, under the conditions imposed, is hereby approved, in part, on the basis that special circumstances have been identified which are applicable to the size, shape and location of the property that do not apply to other identically-zoned properties in the vicinity and strict application of the Code would deprive the property of privileges enjoyed by other properties in the same zone in that the property is an irregularly-shaped parcel of land that has frontage on two streets (Ball Road and West Street) and that the one permitted wall sign would not be _2_ PC2000-22 . . visible from both streets; that the proposed ~monument sign, which can only be oriented towards the intersection of Ball Road and West Street due to the existing underground gasoline tanks, will not provide business identification visible from southbound West Street; that typically all buildings in the Anaheim Resort Specific Plan Zone are allowed by Code to have at least one wall sign which could be oriented towards the adjacent street frontage; and, that the portion of this waiver pertaining to maximum size of wall signs is hereby denied because it was deleted by the petitioner. 7. That the convenience market with gasoline sales and off-premise sale of beer and wine was established and constructed prior to the adoption of the Anaheim Resort Specific Plan No. 92-2 and is, therefore, considered a legal nonconforr~ing use. 8. That Code Sections 18.48.020.050.0505 and 18.48.070.050.0511 of the Anaheim Municipal Code (Anaheim Resort Specific Flan No. 92-2 Zone) provide for the modification or expansion of a legal nonconforming use subject to the approval of a Conditional Use Permit providing such modification or expansion would bring the use or building into greater conformity with the intent of the Specific Plan. 9. That the proposed remodel and expansion of the building constitutes a modification and expansion of the legal nonconforming u~se. 10. That, as conditioned herein, the proposed remodel and expansion would not adversely affect adjoining land uses or the growth and development of the surrounding area in that the property is currently developed and operating as a convenience market with gasoline sales and off-premises sales of beer and wine and the proposed improvements to the property would bring the property into greater conformity with the intent of the Specific Plan in that the nonconforming pole sign and wall signage would be removed and replaced with conforming signage at an earlier time than required by Code (Code requires the nonconforming signage to be removed or replaced by December 31, 2002); that the existing roof-mounted equipment would be entirely screened from view by the architectural design of the building; that clinging vines will either be planted in a planter box to allow vines to cascade down the wall adjacent to the north and west property lines, or alternatively, along the north property line, the property owner/developer shall obtain a perpetual landscape easement to provide for the planting of clinging vines and shrubs along the convenience market building and wall; that the planter along the west property line will be refurbished and a landscape border will be installed along three sides of the proposed Anaheim Resort monument sign to be constructed at the southeast corner (intersection of Ball Road and West Street) of the property; that the existing pay telephone in the southern portion of the property would be relocated to either inside the convenience market building or within 10 feet from the front door; and, that the existing chain-link fence with redwood slats would be replaced with a block wall screened with clinging vines on the side of the wall oriented towards the public right-of-way and adjacent properties. 11. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the area nor to the peace, health, safety, and general welfare in that the property is fully developed and has been operating as a convenience market with gasoline sales and off-premises sales of beer and wine since 1988; that the proposed expansion area and block walls would encompass a sideyard area which is currently screened by a chain link fence with redwood slats; that the proposed improvements would not increase the existing sales, display or customer service areas or generate an incr~ase in customer traffic or the number of employees upon the premises; and, that, as demonstrated in the parking analysis dated January 25, 2000, there will not be any additional traffic generated by the proposed expansion area and the proposed use will not impose an undue burden upon the streets and highways designated to carry traffic in the area. 12. Thak the granting of the Conditional Use Permit, under the conditions imposed, would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 13. That no one indicated their presence at the public hearing in opposition to the proposal and that no correspondence was received i~ opposition. _3_ PC2000-22 • • CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to remodel and expand an existing legal nonconforming service station and convenience market, with waivers of minimum number of parking spaces, minimum interior setback area, required wall screening, and maximum number and size of wall signs on a 0.35- acre property located at the northwest corner of Ball Road and West Street, having approximate frontages of 122 feet on the north side of Ball Road and 127 feet on the west side of West Street, and further described as 1037 West Ball Road (Arco Service Station and "am/pm" convenience market); and does hereby approve the Mitigated Negative Declaration, including an amendment to the last landscape- related mitigation measure, upon finding that the declaration, as amended, reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comraients 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: That the property owner/developer shall be held responsible for compliance with all the mitigation measures, as amended, set forth in N1itigation Monitoring Plan No. 030 specifically created for this project, and for complying with the mdnitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 030 and made a part of these conditions of approval by reference. 2. That the property owner/developer shall comply with Condition Nos. 8, 10, 13, 14, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 32, 33, 37 and 40, as set forth in Ordinance No. 5454 adopted by the City Council on September 27, 1994 in connection with the adoption of the Anaheim Resort Specific Plan No. 92-2, said conditions being incorporated herein by reference as if set forth in their entirety. 3. That prior to issuance of a building permit, revised plans shall be submitted to the Planning Department showing the following: (a) That the primary color used for dominant wall surfaces shall be light-colored, and accent colors shall be limited to finro (2) colors complementary to the required colors of Arco/"am/pm" signage. Further, the use of accent colors shall be limited to areas around windows and on archways. (b) That joint or score lines and finish treatment shall be added to the structure to give the stucco the appearance of stone, or another material with a texture/treatment resembling a stone look shall be used. (c) That the proposed spires atop the four (4) turrets shall be removed. (d) That the three (3) existing pump island canopy support columns discussed in paragraph (14) of the Staff Report to the Planniing Commission dated March 13, 2000 shall be eliminated or integrated into the design of the building. (e) That fast-growing clinging vines shall be planted in planter boxes on the wall, either on the top of the wall or on the interior side of the wall, to provide for vines cascading down to cover the wall to prevent graffiti opportunities, and that an adequate irrigation system shall be F4_ PC2000-22 • • installed to maintain the vines; or, alternatively, that the property/owner developer shall submit proof of a perpetual landscape easement agreement with the property to the north to allow for the planting, irrigation and maintenance of fast-growing clinging vines and shrubs adjacent to the convenience market building. The vines in the planter boxes or the vines and shrubs on the property to the north shall be installed prior to final building and zoning inspections and shall be irrigated and maintained in a good condition. (~ That planter boxes, similar to those described in Condition No. 3(e) above, or vine pockets shall be placed along the wall on the west side of the property. The planter boxes or the vines pockets, including an irrigation system, shall be installed and landscaped prior to final building and zoning inspections, and shall be maintained thereafter in a good condition. (g) That detailed and precise sign plans shall show a maximum of five (5) wall signs consisting of three (3) "Arco"/"Spark" logo signs (one (1) sign on each side of the canopy) and two (2) "am/pm" signs (one (1) sign on the south building elevation and one (1) sign on the east building elevation). The size of said signs shall comply with Code requirements. 4. That the Zoning Code does not permit window signage for the convenience market. No signs shall be placed inside a window or upon the window panes or glass so as to be visible to the exterior side of the window, in conformance with Code requirements. All fixtures, displays, merchandise and other materials shall be set back~a minimum of three (3) feet from all window areas. 5. That prior to the issuance of a building permit, the property owner/developer shall submit a photometric study to the Police Department for review and approval. The study shall show a minimum two (2) footcandle lighting level in the parking lot and shall be prepared to the satisfaction of the Police Department. 6. That the existing outdoor equipment area is a legal nonconforming use, and that any alteration in the location of this area or the equipment contained therein shall not be permitted. 7. That prior to final building and zoning inspections, a site inspection shall be conducted by Planning staff to ensure that flood lights used to light the turrets shall not cause excessive lighting or glare on the adjacent hotel property or the public rights-of-way. If Planning staff determines that there is excessive lighting or glare, the lighting shall be dimmed or altered to the satisfaction of the Planning Director. That the property owner/developer shall be responsible for maintaining the premises free of litter at all times. That all trash generated by the convenience market shall be properly contained in trash bins contained within the approved trash enclosure. The number of bins shall be adequate and the trash pick-up shall be as frequent as c~ecessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 10. That no outdoor storage (beyond the legal nonconforming outdoor equipment area currently provided to the rear of the building), display, or sales of any merchandise or fixtures shall be permitted outside the building at any time, with the exception of the dispensing of motor fuels. 11. That prior to final building and zoning inspections, all public telephones located on the property shall be relocated either inside the convenience market or within ten (10) feet from the front door. 12. That the property owner/developer shall obtain all of the necessary building permits for the interior and exterior modifications and/or ten~nt improvements associated with this development proposal; -5- PC2000-22 ~ ~ • and that the property owner/developer shall obtain all of the necessary and required inspections to the satisfaction of the Planning Department. 13. That, in conformance with the Anaheim Municipal Code pertaining to removal of closed service stations, an unsubordinated agreeme;nt shall be recorded with the Office of the Orange County Recorder agreeing to remove the service station structures 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 f,or less than fifteen (15) days. A copy of the recorded agreement shall be submitted to the Advanced Planning Division, Planning Department, within sixty (60) days from the date of this resolution. 14. That no video, electronic or other amusement devices or games shall be permitted. 15. That the convenience market shall operate in conformance with the Letter of Operation, the parking analysis dated January 25, 2000 and the submitted floor plan that formed the basis for approval of the parking waiver. Further, the cool2r/storage expansion area and the new office and storage area shall be used for cooler, storage and 'office uses only and shall not be used for any other purpose (e.g., additional retail area). Exceedi~g, violating, intensifying or otherwise deviating from any of the assumptions contained in the parking analysis shall be deemed a violation of the express conditions imposed upon said waiver; which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. 16. That during business hours of the subject facility, the restroom shall be available to the public and shall be properly supplied and maintained. 17. That prior to final building and zoning~ inspections or prior to the commencement of activities authorized by this resolution, whichever occurs first, subject property shall be developed substantially in accordance with plans and specifications on file in the Planning Department marked Exhibits Nos. 1 through 5, as revised,pursuant to Condition No. 3, above-mentioned. 18. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 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 hereinab'ove 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 13, 2000. CHAIRPE SON, ANAHEIM CITY LANNING COMMISSION ATTEST: ~~ SECR TARY, A AHEIM CITY PLANNING COMMISSION _g_ PC2000-22 ~ ~ 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 March 13, 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 ttave hereunto set my hand this ~~~ day of , 2000. ~ C..?~'~~ S CRE A Y, ANAHEIM CITY PLANNING COMMISSION _7_ PC2000-22