Loading...
Resolution-PC 2000-80! • RESOLUTION NO. PC2000-80 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04217 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: IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. THE EAST 203.00 FEET OF THE SOUTH 2O3.00 FEET OF LOT 14 IN BLOCK K OF THE KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOU~ RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 5, 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 Section 18.110.100.050.0523 to construct a gasoline service station with accessory convenience market" with waivers of the following: * The proposed sale of beer and wine for off-premises consumption and a fast food restaurant uses have been deleted subsequent to the advertising of this request. (a) SECTIONS 18.04.043 Permitted encroachments into required yards. AND 18.110.100.100 (no parking permitted; parking proposed) (b) SECTIONS 18.06.040.020 Minimum dimensions of parking spaces. AND 18.110.100.110.1103 DELETED (c ) SECTIONS 18.41.063.010 Minimum required landscaped setback adjacent 18.87.030.040 to arterial highways. (10 feet, fully landscaped, AND 18.110.100.090 from the ultimate right-of-way line at La Palma Avenue and Kraemer Boulevard required; 5 feet proposed at intersection.) (d) SECTIONS 18.41.063.;030 Minimum structural setback adjacent to interior 18.87.030.040 property lines. (10 feet, fully landscaped, AND 18.110.100.090 required adjacent to north and west (interior) property lines; building proposed adjacent to both property lines and trash enclosures proposed 5 feet from west property line) Cr3988PK.doc -1- PC2000-80 ~ (e) SECTIONS 18.44.063.050 AND 18.87.030.072 ! Minimum landscape requirements adjacent to interior property lines. (5 trees required at north and west property lines (10 total); 4 trees proposed (8 total)) 2. That waiver (a) permitted encroachments into required yards, is hereby approved on the basis that there are s,pecial circumstances pertaining to this property that make compliance with Code requirements difficult based upon the size and location of this property at a Critical Intersection which requires setback requirements to be taken from the ultimate right-of-way line, which effectively reduces the size of this property 12 feet on the east property line at Kraemer Boulevard and 12 feet on the south property line at La Palma Avenue and that the strict application of the Zoning Code deprives this property of privileges enjoyed by other service station properties of typical size in this area of the City of Anaheim. 3. That waiver (b) pertaining bo minimum dimensions of parking spaces is hereby denied on the basis that it was deleted following public notification. 4. That waiver (c ) pertaining to minimum landscaped setback adjacent to arterial highways, is hereby approved on the basis that there are special circumstances pertaining to this property that make compliance with Code requirements difficult based upon the size and location of this property at a Critical Intersection which requires setback requirements to be taken from the ultimate right-of-way line, which effectively reduces the size of this property 12 feet on the east property line at Kraemer Boulevard and 12 feet on the south property line at La Palma Avenue and that the strict application of the Zoning Code deprives this property of privileges enjoyed by other service station properties of typical size in this area of the City of Anaheim. 5. That waiver (d) pertaining to minimum structural setback adjacent to interior property lines is hereby approved on the basis that there are special circumstances pertaining to this property that make compliance with Code requirements difficult based upon the size and location of this property at a Critical Intersection which requires setback requirements to be taken from the ultimate right-of-way line, which effectively reduces the size of this property 12 feet on the east property line at Kraemer Boulevard and 12 feet on the south property line at La Palma Avenue and that the strict application of the Zoning Code deprives this property of privileges enjoyed by other service station properties of typical size in this area of the City of Anaheim. 6. That waiver (e) pertaining to minimum landscape requirements adjacent to interior property lines is hereby approved on the basis that because of the reduced size of this property, insufficient space exists to plant two additional trees. 7. That no one indicated their presence at said public hearing in opposition; one person spoke with concerns; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the pr~oposal to construct a gasoline service station with accessory convenience market, and a fast food restaurant with waivers of (a) permitted encroachments into required yards, (b) minimum dimensions of parking spaces (deJeted), (c ) minimum landscaped setback adjacent to a~terial highways, (d) minimum structural setback adjacent to interior property lines, and (e) minimum landscape requirements adjacent to interior property lines for a rectangularly-shaped 0.52 acre property located at the northwest corner of La Palma Avenue and Kraemer Boulevard, which has a frontage of 150 feet on the north side of La Palma Avenue and 150 feet on the west side of Kraemer Boulevard (3085 East La Palma Avenue); 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. Cr3988pk.doc -2- PC2000-80 • • NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission 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 safery and general welfare of the Citizens of the City of Anaheim: 1. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 2. That a minimum 3-foot high landscape earthen berm shall be incorporated into the entire length of the landscaped setbacks outside of the ultimate right-of-way adjacent to La Palma Avenue and Kraemer Bou~evard, and further that large potted plants shall be installed at both ends of each gasoline pump island. A landscape screen for the air and water devices shall be provided. Final landscaping plans indicating type, size and location of proposed landscaping and irrigation shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 3. That minimum 24-inch box sized trees shall be planted in the landscape planters immediately adjacent to La Palma Avenue and Kraemer Boulevard. A minimum of four (4) trees shall be planted along the interior property lines, and a minimum of four (4) trees adjacent to the street frontages and outside at the ultimate right-of-way for a minimum total of sixteen (16) trees. That stepping stones shall be provided across the planters to encourage pedestrian access to the property. That this landscape information shall be specifically shown on plans submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 4. That the final floor and lighting plans for this facility shall be subject to the review and approval of the Community Service Division of ~the Police Department and plans shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the floor plan shall be constructed and maintained in accordance with the plan. 5. That no window signs shall be perrriitted at any time to allow unobstructed visibility of the store interior from the outside. 6. 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 plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of screening walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 7. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernibCe the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. 8. That trash storage areas shall be provided and maintained in a location 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 minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. Cr3988pk.doc -3- PC2000-80 • • 9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 10. That final sign and elevation plans for the convenience market building and the pump island canopy shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, these structures shall be constructed and maintained in accordance with the plan. 11. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 12. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. 13. That the applicant shall be responsibl'e for maintaining the premises free of litter at all times. 14. That roof-mounted balloons or other inflated devices shall not be permitted. 15. That no exterior public telephones or vending machines shall be permitted. 16. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601/602 and 607B pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 17. The existing driveways closest to the intersection of La Palma Avenue and Kraemer Boulevard shall be removed and replaced with standards curb, gutter, sidewalk and landscaping as required ' by Engineering Standard Detail No. 607 B. Said information shall be shown on plans submitted for building permits. 18. That the remaining driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. Said information shall be specifically shown on plans submitte~ for building permits. 19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the IEngineering Standard No. 137 pertaining to sight distance visibility for the sign and wall/fence location. 20. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 21. That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section No. 18.110.100.0307 pertaining to the SP 94-1, DA 5 Zone. That the proposed equipment screen shall be redesigned to be compatible with the architecture and exterior building materials of the convenience market building. This information shall be submitted to the Zoning Division for review and approval by the Planning ~Commission as a Reports and Recommendations item. 22. That the location of any above-ground exhaust vents in conjunction with this service station facility shall be shown on plans submitted for building permits so as to be out of the required setback area and as least noticeable from public view as possible. Plans shall also identify the specific treatment of each vent (i.e., landscape screening, color of vents, materials, etc.) and shall be subject to the review and approval of the appropriate Ciry departments. Cr3988pk.doc -4- PC2000-80 • • 23. That the required trees adjacent to the pubiic rights-of-way shall not be unnecessarily pruned so as to provide increased visibility of the facility. 24. That in conformance with Anaheim Municipal Code Section 18.110.100.050.0523, pertaining to removal of closed service stations, au~ 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 finrelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. The covenant must be reviewed and approved by the City Attorney's office and a copy of the recorded agreement shall be submitted to the Zoning Division. 25. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 26. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 27. That there shall be no on-site tables or seating areas for the consumption of food. 28. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 29. That any required relocation of City electrical facilities shall be at the developer's expense. 30. That all existing water services shall conform to current Water Utility Standards. Any existing water services that are not approved by Utility for continued use shall be upgraded to current standards, or abandoned by the developer. If the existing services are no longer needed, they shall be abandoned by the developer. 31. That the legal property owner shall submit an application for a Subdivision Map Act Certificate 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. 32. That no propane tanks shall be permitted at this property. 33. That there shall be no fast food use or sales of beer, wine or other alcoholic beverages of any kind on the premises, unless a conditional use permit is approved authorizing such use(s). 34. That no video, electronic or other amusement devices or games shall be permitted. 35. That the property owner shall submit a sign relocation agreement for the review and approval of the Real Property Section of the Public 1Norks Department. Said agreement shall specify that when the Critical Intersection widening occurs, the monument sign shall be removed and replaced with a sign conforming with the Anaheim Zoning Code and City Standards in effect at that time, at the property owners expense. 36. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 37. That the under side of the canopy shall be reduced to maximum height of sixteen (16) feet, reducing the overall height to not more than twenty four (24) feet. This information shall be specifically shown on the plans submitted for building permits. Cr3988pk.doc -5- PC2000-80 . • 38. That the existing freestanding pole sign indicating "Shell Oil" shall be removed prior to the issuance of a building permit. 39. That prior to the issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 21, 22, 24, 25, 28, 31, and 35, 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. 40. That prior to final building and zoning inspections, Condition Nos. 12, 30, and 36, above-mentioned, shall be complied with. 41. 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 ap;plicable 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 5, 2000. ~?~ ~ G~~~~ C AIRPERSON, ANAHEIM CI PLANNING COMMISSION ATTEST: ~/`~" SECRET Y, 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 and adopted at a meeting of the Anaheim City Planning Commission held on June 5, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK R~ IN WITNESS WHEREOF, I have hereunto set my hand this 3 day of , 2000. ~~~ SECRET RY, AHEIM CITY PLANNING COMMISSION Cr3988pk.doc -6- PC2000-80