Resolution-PC 2002-160~ •
RESOLUTION NO. PC2002-160
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 97R-137,
AS AMENDED BY RESOLUTION NOS. PC98-166 AND PC2000-27,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3939
WHEREAS, on July 15, 1997, the Anaheim City Council did, by its Resolution No. 97R-137,
grant Conditional Use Permit No. 3939 to permit a 3,750 sq.ft. service station, including a convenience
market with retail sale of beer and wine for off-premises consumption, a drive-through car wash and two fast
food restaurants; and
WHEREAS, on October 26, 1998, the Anaheim City Planning Commission did, by its
Resolution No. PC98-166, amend Condition No. 37 of the aforementioned Resolution No. 97R-137, to
extend the hours during which beer and wine can be sold (8:00 a.m. to 2:00 a.m. instead of 8:00 a.m. to
10:00 p.m.; and
WHEREAS, on March 13, 2000, the Planning Commission did, by its Resolution No. PC2000-
27, further amend the aforementioned Resolution No. 97R-137 to allow a full service car wash facility in
conjunction with the previously-approved service station with an accessory convenience market with the sale
of beer and wine for off-premises consumption, and two fast food restaurants; and that the Commission
amended Condition No. 34 (pertaining to the approved exhibits) and added two new Condition No. 43
(pertaining to permitted car wash signage) and No. 44 (pertaining to submittal of final plans showing the
permanent structure for the detail area); and
WHEREAS, this property is developed with a service station (Arco) at 301 South Anaheim
Boulevard, with a drive-through full-service car wash and a convenience market with fast food and the sale of
beer and wine for off-premises consumption; that the properry is zoned CL (Commercial, Limited); that the
Anaheim General Plan designates the property for General Commercial land uses; and that the property is
located within the South Anaheim Boulevard Commercial/Industrial Redevelopment Project Area; and
WHEREAS, the petitioner has requested certain modifications to the entitlements and conditions of
approval of Conditional Use Permit No. 3636 pertaining to modifications to 7 existing signs, retention of 2
wall signs installed without permits, and installation of 2 new signs with waiver of permitted sign copy for
freestanding entrance or exit signs; and that the petitioner also proposes to sell beer and wine in single
portions and add two hours to the time during which beer and wine can be sold at the convenience market
for off-premises consumption (currently 8 a.m. to 2:00 a.m., proposed 6 a.m. to 2 a.m.); and
WHEREAS, the petitioner has submitted a plan and photographs illustrating the proposed sign
modifications (labeled Revision No. 2 of Exhibit No. 1, and Exhibit Nos. 7a, 7b, 7c, 7f, 7g and 7h), which
specifically consist of the following:
• Installing finro new signs with waiver of permitted sign copy for freestanding entrance or exit signs
(Exhibit Nos. 7a and 7b: three sq.ft., each, advertising `AM/PM Car Wash entrance' and located in
the landscaped planters at the driveways).
• Modifying one existing wall sign on the north elevation of the convenience market (Exhibit No. 7c: 25
sq.ft. advertising `100% hand car wash, $8.99, $6.99, limited time only').
• Retaining two wall signs which were illegally installed (Exhibit No. 7f: 25 sq.ft. sign advertising
`100% hand car wash, $8.99, $6.99, limited time only' on the east elevation of the convenience
market and Exhibit No. 7h: 15 sq.ft. sign advertising `car wash' on the north elevation over the car
wash tunnel).
Tracking No. CUP2002-04619
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• Modifying six existing informational signs at the ends of the pump islands (Exhibit No. 7g: 5%2 sq.ft.,
each, advertising '100% hand car wash, $8.99, $6.99, limited time onl~).
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 21, 2002, 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 petitioner requests the following waiver to permit two, 3 sq.ft. each, advertising
'AM/PM Car Wash entrance' signs in the landscaped planters at the driveways:
18.05.097.010 - Permitted siQn copv for freestandinq entrance or exit siqns.
and 18.44.067 (permitted text for signs at each driveway: `in' or `out,' or `enter' or `exit,' and a loqo;
proposed text: `AM/PM Car Wash entrance')
2. That the waiver, pertaining to permitted sign copy on two new freestanding entrance or exit
signs (shown on Exhibit Nos. 7a and 7b), is hereby denied because the proposed signs are repetitive and
unnecessary and do not comply with the intent of creating an aesthetically pleasing service station located in
the high-profile downtown civic center area; that existing signage provides adequate opportunities for
identification; that the property does not posses any physical constraints such as size, shape or location;
and that the permitted monument sign provides adequate advertising opportunities for the service station,
convenience market and car wash.
3. That the proposed wall sign on the north elevation of the car wash building (shown on Exhibit
No. 7h) is hereby approved to permit a 15 sq.ft. wall sign advertising `car wash.'
4. That the two proposed wall signs on the east and north elevations of the convenience market
(shown on Exhibit Nos. 7c and 7~ and the proposed modification of six existing informational signs at the
ends of the pump islands (shown on Exhibit No. 7g) are hereby denied because the proposed signs are
repetitive and unnecessary and do not comply with the intent of creating an aesthetically pleasing service
station located in the high-profile downtown civic center area; that existing signage provides adequate
opportunities for identification; that the property does not posses any physical constraints such as size,
shape or location; and that the permitted monument sign provides adequate advertising opportunities for the
service station, convenience market and car wash.
5. That the request to extend the hours during which beer and wine can be sold at the
convenience market is hereby denied because the Reporting District for the property has a significantly
above-average crime rate (143 percent above the City average); that the proposed extended hours for the
sale of beer and wine and the single portions could attribute to criminal activity; and that the combination of
off-premises sales of beer and wine, increased hours of operation and the sale of single portions of beer and
wine may be detrimental to the peace, health, safety and general welfare of the citizens of the City of
Anaheim due to this location's proximity to existing and planned residential neighborhoods.
6. That there are no special circumstances applicable to the property pertaining to topography,
location, and surroundings, which do not apply to other identically zoned properties in the vicinity; and that
strict application of the Zoning Code does not deprive this property of privileges enjoyed by other properties
under identical zoning classification in the vicinity.
7. That this use permit, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the use, as amended, 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.
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9. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
10. That amending the 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.
11. That the use for which the amending was granted has been so exercised as not to be
detrimental to the public health or safety, or so as to constitute a nuisance.
12. That the amendment, as approved and including the imposition of additional conditions
thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary
to permit reasonable operation under the conditional use permit as originally granted.
13. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
14. That two letters were received in support of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to amend the entitlements and conditions of approval of Conditional
Use Permit No. 3636 pertaining to modifying 7 existing signs, retaining 2 wall signs installed without permits,
installing 2 new signs with waiver of permitted sign copy for two freestanding entrance or exit signs, and
extending the hours during which beer and wine can be sold at the convenience market; and does hereby
find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3939 is
adequate to serve as the required environmental documentation in connection with this request upon finding
that the deciaration reflecfs the independent judgment of fhe lead agency and that it has considered fhe
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 the Anaheim City Planning Commission does
hereby amend Resolution No. PC97R-137, adopted in connection with Conditional Use Permit No. 3939, as
previously amended, to approve the 'car wash' sign on the north elevation of the car wash building (facing
Broadway); and
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the other
proposed signs, including waiver of permitted sign copy for freestanding entrance or exit signs; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the proposed
extended hours during which beer and wine can be sold at the convenience market; and
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
amend the conditions of approval in their entirety to read as follows:
1. That final sign plans shall be submitted by the Zoning Division for review and approval. Any decision of
the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendations'
item.
2. That the roofing shall consist of Spanish tile or another similar roofing material, as may be approved by the
Planning Commission.
3. That all signs shall be of high quality; and if intemally lit `can' signs are proposed, such signs shall consist
of individually routed letters similar to those used for the Anaheim Civic Center retail store fronts.
4. That the signs on subject property shall be limited to:
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(i) One, maximum eight (8) foot high, triangular monument sign located near the intersection of
Anaheim Boulevard and Broadway, and subject to approval by the City Traffic and Transportation
Manager for line-of-sight considerations. The monument sign shall include a brick base and shall be
placed in a landscaped planter area; and
(ii) Two (2) wall signs, one (1) facing each street and not exceeding twenty five (25) sq.ft., each. Such
signs shall display only the name of the tenants and/or a tenant logo, fuel pricing as required by the
State of California, and/or specification of being open 24-hours.
(iii) One (1), fifteen (15) square foot 'car wash' sign on the north elevation of the car wash buifding
(facing Broadway).
5. That neon tubing around the roof shall not be permitted.
6. That all on-site landscaping shall be in conformance with, and compatible to, landscaping in the
Downtown Area.
7. That trash enclosure walls shall be screened with plants consisting of vines and shrubs, and provided with
permanent irrigation.
8. That no advertising signs other than those specifically approved by the Planning Commission shall be
constructed or placed on subject property.
9. That roof-mounted equipment shall not be visible from ground level and shall, to the greatest extent
practical, be screened from the view of nearby high-rise buildings. All such equipment shall be the color
of, or painted to, match the roof material.
10. That any exterior vending machine(s) shall not be visible to the public rights-of-way.
11. That during the 'open' business hours of this facility, separate men's and women's restrooms shall be
available to the public, and shall be properly supplied and maintained.
12. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an un-subordinated agreement shall be recorded with the O~ce of the Orange
County Recorder agreeing to remove the service station structures (including the underground tanks) 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 for less than fifteen (15) days.
13. That all provisions of Anaheim Municipal Code Section 18.87.023.020 pertaining to the retail sale of beer
and wine for off-premises consumption (as it may be amended from time to time) shall be complied with.
14. That the sale of afcoholic beverages shall not exceed thirty five percent (35%) of the gross sale of all retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
showing the separate amounts of sales of alcoholic beverages and other items. These records shall be
subject to audit, and made available, when requested by any City of Anaheim official during reasonable
business hours.
15. 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.
16. That the areas of beer or wine displays shall not exceed twenry five percent (25%) of the total display area
inside the building.
17. That window signs shall not be permitted for the service station or for the convenience market. All fixtures,
displays, merchandise and other materials shall be located a minimum of three (3) feet from all window
areas.
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18. That no advertising of beer or wine shall be located or placed outside the building, or attached to any
location outside the building; and that no such advertising (interior or exterior) shall be audible.
19. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
20. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the
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 no alcoholic beverages shall be consumed on the premises.
23. That the parking lot serving the premises shall be equipped and maintained 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 directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties.
24. That the applicant shall be responsible for maintaining the premises free of litter at all times.
25. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not
be sold in containers less than a four (4) pack.
26. That no propane tank(s) shall be permitted on-site.
27. That all landscaped areas shall be planted, irrigated and permanently maintained, in conformance with
Exhibit No. 4, except as otherwise conditioned.
28. That the owner of subject property shall be responsible for the removal of any on-site graffiti within finrenty
four (24) hours of its application.
29. 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 dies. Trees and shrubbery shall not be unreasonably trimmed or
pruned for the purpose of increasing visibility to the property.
30. That any public telephones proposed on-site shall be located inside the convenience market.
31. That the petitioner shall be responsible for compliance with all mitigation measures within the assigned
time frames and any direct costs associated with Mitigation Monitoring Program No. 99 (attached to
Resolution No. 97R-137), as established by the City of Anaheim and as required by Section 21081.6 of
the Public Resources Code to ensure implementation of those identified mitigation measures.
32. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses.
33. That an on-site trash truck turn around area shall be maintained in accordance with Engineering Standard
Detail No. 610 and as required by the Public Works Department, Streets and Sanitation Division.
34. That prior to construction of directional signs adjacent to the driveways plans shall be submitted to the City
Traffic and Transportation Manager for review and approval showing conformance with Engineering
Standard No. 137 pertaining to sight distance visibility for the directional sign locations.
35. That landscaped planters shall be maintained adjacent to the building except where pedestrian access is
provided into the building.
36. That fast food sales areas shall be limited to those shown on the approved exhibits.
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37. That no area shall be provided for on-site food consumption.
38. That no flags, banners or pennants used for advertising or promotional purposes shall be permitted to be
displayed outside the building with the exception of one (1), maximum ten (10) square foot, temporary
banner (mounted on the building) per street frontage, two (2) which banners may be temporarily displayed
on{y upon issuance of a Special Event Permit by the Zoning Division.
39. That sale of beer and wine shall be permitted only between the hours of 8 a.m. and 2 a.m.
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 Revision No. 2 of Exhibit No. 1, and Exhibit Nos. 2, 3, 4, 5, 6, 7d, 7e and 7h, and as
conditioned herein.
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 applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 21, 2002.
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EHA~RPERSON, RNAHE~M C~~Y P~ANNING COMI~IIISSION --
ATTEST:
~~e~.~az-- .-/ .~,c~,.. c.,-~. ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 October 21, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BRISTOL, EASTMAN, KOOS, ROMERO
NOES: COMMISSIONERS: BOYDSTUN, VANDERBILT
ABSENT: COMMISSiONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this S T~' day of
~u~~ e , Zoo2.
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~SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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