Loading...
Resolution-PC 2003-37• i RESOLUTION NO. PC2003-37 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04641 BE GRANTED 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 THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOST COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, WESTERLY 175.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION; THENCE WESTERLY 249.25 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO FRED G. DALSTROM, ET UX., BY DEED RECORDED FEBRUARY 17, 1932 IN BOOK 530, PAGE 480 OF OFFICIAL RECORDED; THENCE SOUTH 250.00 FEET TO THE NORTHWEST CORNER OF TRACT NO. 2473, RECORDED IN BOOK 72, PAGES 27 AND 28 OF SAID MISCELLANEOUS MAPS; THENCE EAST 249.25 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH 250.00 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 54, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. viiHER~AS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 13, 2003, 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, to hear and consider evidence for and against said Conditional Use Permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued to the January 27 and February 24, 2003 meetings; 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, 18.44.050.080, 18.44.050.193, 18.44.050.195 and 18.44.050.300 to wit: to establish conformity with Zoning Code land use requirements for an existing drive- through restaurant and to permit construction of a service station with accessory car wash and convenience market with the sale of beer and wine for off-premises consumption, and with waivers of: (a) Sections 18.02.058.010.014 and 18.03.030 (b) Sections 18.05.050 18.05.'~ 12 and 18.44.050.090 - Nonconforminq Structures and Uses - General. (Conditional use permit required to retain two nonconforming billboards; none proposed) - Nonconforminq Siqns and Billboards - General. (Conditional use permit required; none proposed) cr\PC2003-037.doc -1- PC2003-37 • . (c) Section 18.44.062.010.011 - Maximum structural heiQht within 150 feet of a sinale-familv residential zone boundarv. (5-foot hiQh structure permitted set back 10 feet from the south property line; 14-foot hiqh carwash proposed) 2. That waivers (a), Nonconforming Structures and Uses - General, and (b), Nonconforming Signs and Billboards - General, are hereby approved in order to permit development of the property while retaining the finro existing nonconforming billboards (which were established in the County of Orange in connection with valid building permits) consistent with the court order issued by the Orange County Superior Court pertaining to a similar billboard at 601 South Magnolia Avenue (Conditional Use Permit No. 4148); and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That waiver (c), maximum structural height within 150 feet of a single-family residential zone boundary, is hereby approved on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity, because the subject property is irregularly shaped compared to the other nearby rectangular commercial properties, and is 30 feet narrower along the westerly portion of the site; and that the operational characteristics of the proposed carwash building and the on-site traffic and circulation safety issues on this "L" shaped property make it difficult for the petitioner to comply with Zoning Code standards; and that strict application of the Code would deprive the property of a privilege enjoyed by the six of the eight commercial properties to the south along the west side of Brookhurst Street. 4. That the proposed use, subject to the conditions herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located, as demonstrated by the acoustical analysis and the property's proximity to other similar commercial uses; and th~t the size and sFiape of the site for ffie proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the sireeis anci highways clesigned and improved to carry the traffic in the area. 6. That granting 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. 7. That no one indicated their presence at the public hearing on January 13 and January 27, 2003 in favor of the proposal; and that one person representing the West Anaheim Neighborhood Development Council ("WAND") was present at the February 24, 2003 public hearing and spoke in favor of the request but relayed some concerns regarding the development proposal. 8. That no one indicated their presence at the public hearing on January 13, 2003 in opposition to the proposal; that two people present at the January 27, 2003 public hearing and four people present at the February 24, 2003 public hearing indicated their opposition to the sale of beer and wine at a proposed convenience market. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish conformity with Zoning Code land use requirements for an existing drive-through restaurant and to permit construction of a service station with an accessory car wash and convenience market with the sale of beer and wine for off-premises consumption, and with waivers of Nonconforming Structures and Uses - General, Nonconforming Signs and Billboards - General, and maximum structural height within 150 feet of a single-family residential zone boundary on an irregularly- shaped 1.7-acre property located at the southwest corner of Ball Road and Brookhurst Street, having frontages of 364 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 (Arco AM/PM Service Station); and does hereby approve the Negative Declaration upon finding 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 evidence that the project will have a significant effect on the environment. -2- PC2003-37 • • 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 safety and general welfare of the Citizens of the City of Anaheim: 1. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building; and that any such advertising shall not be visible to anyone outside the building. 2. That the gross sale of beer and wine shall not exceed thirty five percent (35%) of all retail sales during any twelve (12) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 3. That no beer and wine shall be consumed on any property under the control of the applicant. 4. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. 5. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he/she has control. 6. That there shall be no video, electronic, pool table or coin-operated games or other amusement devices maintained upon the premises at any time. 7. That no display of beer or wine shall be located outside a building or within five (5) feet of any public entrance to a building. a. i nai ine area ofi beer or wine dispiays shall not exceed twenty five percent (25%) of the total display area inside the building. 9. That the sale of beer and wine shall be made to customers only when the customer is inside the building. 10. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 11. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 12. That any public telephones proposed on-site shall be located inside the convenience market and/or restaurant. 13. That the existing public telephone at the northeast corner of the front of the drive-through restaurant shall be removed or relocated inside the building. 14. That all trash shall be properly contained in trash bins contained within approved trash enclosure(s). 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. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 15. That no storage, display or sale of any merchandise or fixtures shall be permitted outside the building. -3- PC2003-37 • . 16. 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 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. Said information shall be specifically shown on the plans submitted for building permits. 17. That the operator of the service station/convenience market shall participate in, and aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. 18. That all provisions of Anaheim Municipal Code Section 18.27.023.020 (as it may be amended from time to time) pertaining to off-sale of beer and/or wine in connection with service stations shall be complied with. 19. That no alcoholic beverages except beer and wine shall be sold on the premises. 20. That window signs shall not be permitted for the service station or convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Said information shall be specifically shown on the plans submitted for building permits. 21. That no seating or table areas for the service station/convenience market shall be provided for on-site food consumption. Said information shall be specifically shown on the plans submitted for building permits. 22. That during business hours of the service station/convenience market, separate men's and women's restrooms shall be available to the public, and shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 23. That, in conformance with Anaheim Municipal Code 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. 24. That no propane tanks shall be permitted. 25. That three (3), eight (8) to ten (10) foot, brown trunk height California Fan Palms shall be installed within the landscaped setback area in front of the drive-through restaurant. Said information shall be specifically shown on the plans submitted for building permits. 26. That the site plan shall be modified to show the minimum ten (10) foot wide landscaped setback planter area required by Code along the south property line east of the proposed carwash building. Said information shall be specifically shown on the plans submitted for building permits. 27. That a chain link fence with PVC slats shall be utilized as the enclosure of the vapor recovery system. At such time as the vapor recovery system is removed, the chain link fencing shall be removed and a new parking space shall be provided in compliance with City standards and a minor expansion of the landscaped area along this new space shall be provided. Said information shall be specifically shown on the plans submitted for building permits. 28. That the vapor recovery system shall be painted to minimize reflection and visibility to the public right- of-way. The condition of the paint shall be adequately maintained. Said information shall be specifically shown on the plans submitted for building permits. 29. That the landscaped planter areas proposed along the east elevation of the convenience market shall be extended along the entire front of the building elevation, with the exception of the front entryway doors. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2003-37 • • 30. That the following items shall be removed from the sign plans submitted for building permits: Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for food product display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) 'carwash entrance' pole sign facing Ball Road (this sign would function as an advertisement for the carwash rather than as a directional sign for carwash users). 31. That the design of the monument sign for the service station/convenience market shall be upgraded by widening the base to an appropriate width proportional to the height of the sign; and that a cornice treatment shall be be added to the monument sign. Final sign plans shall be submitted to the Zoning Division for review and approval indicating this modification. Any decision by the Zoning Division may be appealed to the Planning Commission as a`Reports and Recommendations' item. 32. That the hours of operation of the carwash facility shall be from 7:00 a.m. to 7:00 p.m. daily; and that beer and wine shall not be sold between the hours of 2 a.m. to 6 a.m. 33. ~That sound pressure level field measurements of the carwash shall be taken on-site prior to commencing operation of the carwash to ensure compliance with the Anaheim Municipal Code. 34. That there shall be no exterior audio advertisement of beer and/or wine sales. 35. That final landscaping and irrigation plans for subject property shall be submitted to the Zoning Division for review and approval. All trees shall be minimum twenty four (24) inch box sized. Any decision made b.y the Zooiag_ D.ivision regarding said plan_ma.y_be appealed to the Planning Comm-ission as a `Reports and Recommendations' item. All trees shall be properly and professionally maintained to ensure mature and healthy growth, the trees shall not be unreasonably trimmed. 36. That sian~ge fnr s~ih~P.Ct far_.ilitv chall hE? limitarl tn th~t chnwn nn thg aYhihifi~ ~~~hm~++o~ ti~ ±-,o rot;~~~nor and as conditioned herein. A comprehensive final sign plan shall be submitted to the Zoning Division for review and approval prior to issuance of building permits. Any additional signage shall be subject to approval by the Planning Commission as a`Reports and Recommendations' item. 37. That four (4) foot high address numbers shall be displayed on the roof of the new convenience market building and the existing drive-through restaurant in a contrasting color 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. 38. That final elevation plans for the new construction shall be submitted to the Zoning Division for review and approval by the Planning Commission as a`Reports and Recommendations' item with modified architectural enhancements incorporated into the project, including the following: Incorporation of ledge stone treatment into the trash receptacles located between the pump dispensers since it is not being applied to the pump island canopy. Incorporation of additional architectural features to define the main entry. 39. That as required by the Public Works Department, Streets and Sanitation Division, all necessary National Pollution Discharge and Elimination System (N.P.D.E.S.) permits shall be obtained. 40. That within ninety (90) days from the date of this resolution, the developer shall submit a Remedial Action Plan to the Public Utilities Department, Environment and Safery Division, for review and approval. Within ninety (90) days of receipt of approval of the Remedial Action Plan, the developer shall implement said Remedial Action Plan to the satisfaction of the Public Utilities Department, Environment and Safety Division. -5- PC2003-37 • ~ 41. That the location of any above-ground exhaust vents in conjunction with this service station facility shall be shown on the plans submitted for building permits so as to be located outside the required setback area and to be as minimally noticeable from public view as possible. Said 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 by the Zoning Division. 42. That the existing street improvements along Ball Road and Brookhurst Street shall be removed and full street improvements constructed at the ultimate location. That prior to issuance of a building permit, street improvement plans shall be submitted to the Subdivision Section of the Public Works Department; and that a performance bond in an amount approved by the City Engineer and form approved by the City Attorney shall be posted with the City of Anaheim to guarantee said improvements. The improvements shall be constructed prior to final building and zoning inspections. 43. That the legal property owner shall prepare an unsubordinated covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to the City Attorney; and that said covenant shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. Provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, and land usage and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 44. That prior to commencing operation of this new business, valid business license(s) shall be obtained from the Business License Division of the City of Anaheim Finance Department. 45. That prior to connection of electrical service, the legal owner of subject property shall provide the City of Anaheim with a five (5) foot wide public utilities easement along the path from the system point of connection to pad mounted equipment, and an eighteen (18) foot by twenty five (25) foot easement for the transformer. 46. That an on-site trash truck turn-around area shall be provided in accordance with Enqineerinq 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 the plans submitted for building permits. 47. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 48. 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 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. 49. That all backflow equipment shall be located above ground outside the street setback areas in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. 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 areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans submitted to and approved by the Water Engineering and Cross Connection Control Inspector before submittal for building permits. 50. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. -6- PC2003-37 • • 51. That trash storage area(s) shall 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 streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants 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. 52. 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. 53. That the property shall be permanently maintained in an orderly fashion though the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 54. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 55. That all existing water services and fire lines shall conform to current Water Services Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or abandon any water service or fire line. 56. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602_pertaining. to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 57. That the driveways on Ball Road and Brookhurst Street 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. 58. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight distance visibility for the new monument sign location. 59. That the property owner/developer shall complete a Burglary/Robbery Alarm permit application, Form APD 516. 60. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2002-00087, and annexation of the property to the City of Anaheim. 61. 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. 1-11, and as conditioned herein, with the following signs to be removed: Two (2) sets of internally-illuminated cabinet signs located on the east elevation of the convenience market for food product display. Two (2) internally illuminated cabinet signs located on the north elevation of the carwash building for food product display. One (1) `carwash entrance' pole sign facing Ball Road (this sign would function as an advertisement for the carwash rather than a directional sign for carwash users). 62. That the legal property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2000-04256 (to construct a new service station with a convenience market and waiver of required landscaping adjacent to interior site boundary lines), Conditional Use Permit No. 3932 (to permit the expansion of an existing service station to include a convenience market with retail sales of beer -7- PC2003-37 ~ ~ and wine for off-premises consumption at 1201 South Brookhurst Street), and Conditional Use Permit No. 638 (to permit an existing service station within 75 feet of an R-1 Zone). 63. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the landscaping is damaged, diseased or dies, it shall be replaced in a timely manner. 64. That the maximum height of the service station canopy shall be fifteen and one-half (15%2) feet to the underside, and nineteen and one-half (19%Z) feet to the top of the canopy. Said information shall be specifically shown on the plans submitted for building permits. 65. 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. 4, 13, 16, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 35, 36, 37, 38, 39, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 56, 57, 58, 60, 62 and 64, 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. 66. That prior to final building and zoning inspections, Condition No. 16, 33, 42, 44, 59 and 61, above-mentioned, shafl be complied with. 67. 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon a~plicanYs 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 he Planning Commission meeting of February 24, 2003. ~ ~-~- ~ RPERSON PRO TEMPORE 1EIM CITY PLANNING COMMISSION ATTEST: - /~~--~y,-~-,~--`. G''/G~~'`~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior 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 February 24, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK N WITNESS WHEREOF, I have hereunto set my hand this l/ T~ day of C' , 2003. ~~~+'~~~ , ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -8- PC2003-37