Resolution-PC 2000-56•
RESOLUTION NO. PC2000-56
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
GRANTING CONDITI'DNAL USE PERMIT NO. PC2000-04207
TO AMEND THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 98R-266,
AS AMENDED BY RESOLUTION NO. 2000R-14 AND ADOPTED IN CONNECTION WITH
MASTER CONDITIONAL USE PERMIT NO. 4069
WHEIREAS, on December 15, 1998, Resolution No. 98R-266 was adopted by the City
Council to approve Conditional Use Permit No. 4069 and permit a service station with a 1,925 sq.ft.
convenience market with retail sale of beer and wine for off-premises consumption and a 920 sq.ft. drive-
through self service car wash, and with waiver of maximum structural height abutting a residential zone;
and that on January 25, 2000 the City Courncil adopted Resolution No. 2000R-14 to amend the above-
mentioned resolution by modifying the conditions of approval and approving waivers of permitted location
of freestanding signs, required site screenirng abutting a residential zone, and required improvement of
public rights-of-way (deferred for a period of 5 years); and that Condition No. 60 of said Resolution No.
2000R-14 states:
60. That approval for the off-premises sale of beer and wine shall terminate on March
31, 2000, if the applicant has not obtained an Alcoholic Beverage Control (ABC)
license prior to said date and further that the total number of active licenses in the
census tract is reduced to ten (10) licenses. No sale of beer and/or wine for off-
premises consumption shall be permitted on the property unless and until the
applicant has obtained an ABC license no later than March 31, 2000.
WHEREAS, the approved development project is currently under construction; that the
property is zoned CL (Commercial, Limited); and that the Anaheim General Plan Land Use Element
designates this property for Commercial Professional and Medium Density Residential land uses; and
WHEREAS, the petitioner requests amendment or deletion of the above-mentioned
Condition No. 60 pertaining to obtaining an ABC license for the retail sale of beer and wine for off-
premises consumption by no later than March 31, 2000; and that the petitioner has requested an
additional 6 months to obtain the beer and wine license because, since Council's action on January 25,
2000, the petitioner has not been able to obtain an ABC license within the identified time frame due to the
re-opening of a protest period that has been imposed upon the case at the state level with the
Department of Alcoholic Beverage Control; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 8, 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 amendment 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 amendment or deletion of a condition of approval is properly authorized
by the Zoning Code.
2. That the proposed modification, as conditioned herein, is reasonably necessary to permit
reasonable operation of the proposed convenience market under the conditional use permit as originally
granted.
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3. That the ABC investigator has indicated that it could potentially be 6 months before the
issues are resolved and, therefore, in order for the petitioner to be in compliance with all the conditions of
approval pertaining to the beer and wine license, the above-mentioned Condition No. 60 should be
modified to allow the applicant more time to obtain the ABC license.
4. That four people indicated their presence at the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to amend or delete conditions of approval pertaining to
obtaining an ABC license no later than March 31, 2000 for the retail sale of beer and wine for off-
premises consumption for a previously-approved service station with convenience market and car wash
on a rectangularly-shaped 0.8-acre property located at the southwest corner of South Street and Harbor
Boulevard, having frontages of 190 feet on ~he south side of South Street and 185 feet on the west side of
Harbor Boulevard, and further described as 805 South Harbor Boulevard; and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 4069 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved 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 based on the foregoing findings the Anaheim
Planning Commission does hereby does hereby grant subject Petition for Conditional Use Permit, 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 approval for the off-premises sale of beer and wine shall terminate on September 30, 2000 if the
applicant has not obtained an Alcoholic Beverage Control (ABC) license prior to said date and, further,
that the total number of active ABC licenses in the underlying census tract is reduced to ten (10)
licenses. No sale of beer and/or wine for off-premises consumption shall be permitted on the property
unless and until the applicant has obtained an ABC license no later than September 30, 2000.
2. That the retail sale of beer and wine portion of this use permit shall expire three (3) years from the
date of issuance of an occupancy permit for the convenience market.
3. That the sale of beer and wine shall be permitted only between the hours of 8 a.m. to 12 a.m.
4. That no video, electronic or other amusement devices or games shall be permitted.
5. , That no propane tanks shall be permitted.
6. That trees shall not be unreasonably trimmed to increase visibility of this facility.
7. That roof-mounted balloons or other similar devices shall be prohibited.
8. That the numerical street address shall be provided on the roof of the building in contrasting colors to
the roof, in a manner which is not visible to any street and to the satisfaction of the Anaheim Police
Department.
9. That prior to commencing operation of these businesses, valid business license(s) shall be obtained
from the Business License Division of the City Finance Department.
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10. That any on-site telephones(s) shall be located inside the convenience store building.
11. That final architectural and sign plans shall be submitted to the Zoning Division for Planning
Commission review and approval as a°Reports and Recommendations" item.
12. That window signs shall be prohibited.
13. That the submitted monument sign plan shall be modified to remove the street address from the base
of the sign and to place the numerical address on the sign in a location identified by the Zoning
Division. Said information shall be shown on the plans submitted to the Zoning Division for Planning
Commission review as a"Reports and Recommendations" item.
14. That an inventory of retail sales items (not including beer, wine, fuel or automotive products)
exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises.
15. That receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of all retail
sales during any twelve (12) month period.
16. 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.
17. That the area(s) of beer or wine display shall not exceed twenty five percent (25%) of the total display
area in the convenience market building.
18. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be
sold from, and/or displayed in, permanently affixed coolers for the cooling and storage of all
refrigerated products.
19. That no advertising of beer or wine shall be located, placed, audible to, or attached to any location
outside the interior of the convenience market building; and that any such advertising shall not be
visible to anyone outside the building.
20. That the sale of beer and wine shall be made to customers only when the customer is inside the
convenience market building.
21. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine.
22. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed inside the convenience market building for every
three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to
discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be
prominently displayed inside the building.
23. That the operator of the service station shall participate in, aid and support educational and other
programs intended to reduce driving while under the influence of drugs or alcoholic beverages.
24. That all trash generated by this convenience market shall be properly contained in trash bins located
within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall
be as frequent as necessary 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. Alil costs for increasing the number of bins or additional
frequency of pick-up shall be paid by the business owner.
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25. That any roof-mounted equipment shall be subject to the screening requirements specified in
Anaheim Municipal Code Section 18.44.030.120. Such information shall be specificaliy shown on the
plans submitted for building permits.
26. 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.
27. That the front landscaped setback(s) (i.e., outside of the ultimate rights-of-way) shall include a
landscaped earthen berm (minimum three (3) feet high) and shall be planted and irrigated with
minimum twenty four inch (24") box sized trees located on maximum finrenty (20) foot centers;
provided, however, that the City Traffic and Transportation Manager may modify this requirement to
ensure adequate vehicular and pedestrian visibility. The landscaped areas within the dedication area
(ultimate street rights-of-way) shall be properly maintained by the property owner until such time that
the street is widened.
28. That clinging vines shall be planted on maximum three (3) foot centers against all screen walls and
fences, including the trash enclosure. Said landscaping shall be continually maintained.
29. That the trash storage area(s) shall be 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 areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery.
30. 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.
31. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
32. That the car wash shall utilize a recycled water system. The car wash system shall discharge to the
sanitary sewer system between the hours of 10 p.m. to 7 a.m. only. This limitation shall be noted on
the building site plan and plumbing plans.
33. That the legal property owner shall provide the City of Anaheim with an easement for public utility
purposes, with the width and location to be determined by the Public Utilities Department when
electrical design is completed.
34. That the cost of any necessary relocation of existing power poles or street lights shall be at the
developer's expense.
35. That this property shall be served with underground utilities in accordance with the Electrical Rates,
Rules and Regulations and the City of Anaheim Underground Policy. The most current fees shall
apply.
36. That this project has landscaping areas exceeding twenty five hundred (2,500) sq. ft. and, therefore, a
separate irrigation meter shall be installed to comply with Chapter 10.19 of Anaheim Municipal Code
and Ordinance No. 5349.
37. That the car wash shall comply with all ,state laws and local ordinances for water conservation
measures. Voluntary water conservation strategies shall be encouraged.
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38. That only one (1) driveway shall be permitted on South Street and on Harbor Boulevard.
39. That subject property shall be maintained in conformance with plans submitted to the City Traffic and
Transportation Manager showing conformance with the most current versions of Engineering
Standard Plan Nos. 436, 602 and 607 pertaining to parking standards and driveway locations
(driveways shall be located as far as possible from the intersection).
40. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137.
41. That during business hours of subject facility, the men's and women's restrooms shall be available to
the public and shall be properly supplied and maintained.
42. That no outdoor vending machines or water machines shall be located so as to be visible to the public
rights-of-way.
43. That the car wash drive-through lane shall be reviewed and approved by the City Traffic and
Transportation Manager.
44. That on-site lighting plans shall be mairntained in accordance with plans approved by the Community
Senrices Division, Police Department.
45. That the hours of operation for the car wash shall be limited to 7:00 a.m. to 7:00 p.m. daily.
46. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the
building.
47. That the locations for future utility devices including, but not limited to, electrical transformers, water
back flow devices, gas, communications and cable devices, etc., shall be shown on the plans
submitted for building permits. Such plans shall also identify the specific treatment of 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.
48. That the roll-up car wash doors shall be painted to match the exterior of the building.
49. That satisfactory evidence shall be submitted to the Building Division showing that the proposed car
wash is in conforrraance with the requirements of Chapter 6.7 "Sound Pressure Levels."
50. That beer shall not be sold in packages containing less than a six (6) pack, and wine coolers shall not
be sold in packages containing less than a four (4) pack.
51. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission, except as otherwise specified herein. Any
additional signage shall be subject to approval by the Planning Commission as a"Reports and
Recommendations" item.
52. That the exhaust vents for the gasoline station tanks shall be located at the rear of the property.
53. That the final building elevations approved by the Planning Commission as a"Reports and
Recommendations" item shall be maintained as approved.
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54. That the under-side of the canopy shall be reduced to fifteen (15) feet high, thereby reducing the
overall height to not more than twenty four (24) feet.
55. That the proposed Cypress trees along South Street shall be planted on maximum three (3) foot
centers.
56. That the proposed wrought iron portion of the proposed fence along the west and south property lines
outside the front setback area, shall be reduced to a height of four (4) feet so that the maximum
height of the fence does not exceed six (6) feet. In addition, the three (3) foot high block wall within
the landscaped setback shall be reduced to two (2) feet to match this fence.
57. That the owner of subject property shall record an unsubordinated covenant agreeing to remove any
freestanding signs on subject property which may be located within the future public right-of-way at
no cost to the City of Anaheim and at such time as the petitioner/property owner makes the public
improvement and widens the public street to its ultimate right-of-way.
58. That street lights shall be installed on Harbor Boulevard as required by the Electrical Engineering
Division of the Public Utilities Department.
59. That the water backflow equipment an~ any other large water system equipment shall be installed to
the satisfaction of the Water Utility Division behind the street setback area in a manner fully screened
from all public streets and alleys. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either underground vaults or outside the street
setback area in a manner fully screened from all public streets and alleys. Said screening shall be
continually maintained. In addition, if required by the Anaheim Fire Department, the fire line shall be
upgraded.
60. 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 direct~ed, 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. Said lighting shall be continually
maintained.
61. That prior to issuance of a building perrnit, a bond shall be posted and a covenant shall be recorded
to the satisfaction of the Public Works Department and the City Attorney's Office, guaranteeing
construction of the public right-of-way improvements as required by the Public Works Department
within a period of five (5) years from the date of occupancy.
62. 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 Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 5; and as conditioned
herein, including reducing the canopy height as specified in Condition No. 54, above-mentioned.
63. That prior to final building and zoning inspections, Condition Nos. 8, 22, 27, 28, 29, 31, 36, 40, 48, 52,
55, 56, 58, 59, 60 and 62, above-mentioned, shall be complied with.
64. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Z~ning 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.
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BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. 98R-266,
adopted in connection with Conditional Use Permit No. 4069 and amended by Resolution No. 2000R-14,
are hereby superceded and replaced, in their entirety, by the above-listed Condition Nos. 1 through 64.
AND BE IT FURTHER RESOLVED that prior to commencing operation of any of these
approved businesses (a service station, a convenience market with retail sale of beer and wine for off-
premises consumption, and a drive-through self service car wash) or within a period of one (1) year from
the date of this resolution, whichever occurs first, all of the above-mentioned conditions shall have been
complied with; and that extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
AND 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.
May 8, 2000.
THE FOREGOING RESOLUTION was ~yiopted ~the Planning Commission meeting of
~RS`vN PRO TEMPORE,
M CITY PLANNING COMMISSION
ATTEST:
G~~;~,f~~~~
SECRETARY, A HEIM 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 aMd adopted at a meeting of the Anaheim City Planning
Commission held on May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NAPOLES
ABSENT: COMMISSIONERS: ARNOLD, BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this L~'n day of
_ , 2000. . _
SECRETARY, f~IAHEIM CITY PLANNING COMMISSION
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