Resolution-PC 2007-82• •
RESOLUTION NO: PC2007-82
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION'
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05195 BE GRANTED
(1700 WEST LA PALMA AND 1017-1031 NORTH EUCLIQ STREET)
' WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain reai property situated in the'City of Anaheim, County bf Drange, State of California,
described as:
PARCEL A:
THE NORTH 180.00 FEET OF THE EAST 180.00 FEET OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF TME NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK'51, PAGE 7, ET SEQ., MISCEL:LANEOUS MAP, IN THE OFFICE OF THE
COUNTY F2ECORDER OF SAID COUNTY.
PARCEL B:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 508, RECORDED DECEMBER 20, 2001
AS INSTRUMENT NO. 20010930060, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 2007, at 2:30 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 18.60, 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 that said public hearing was continued to
the July 23, 2007, Planning Commission meeting; 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 request to demolish an existing service station and construct a new
service station with a convenience market and self-serve car wash under authority of Code Section No.
18.08.030.010 (Alcoholi~ Beverage Sales - Off-Sale, Automotive-Service Station and Washing,
Convenience Store) with waivers of the following provisions:
(a) SECTION NO. 18.08.060.0101 Minimum landscaped setback.
WITHDRAWN
(b} SECTION NO. 18.44.10.010 Maximum wall sian area _
WITHDRAWN _
(c) SECTION NO. 18.44.120.010 Maximum number of freestandinq siqns
~one siqn ~ermitted; tWO siqns proposedl
2. That waivers (a) and (b) are hereby denied because they were withdrawn by the applicant.
3. That waiver (c) pertaining to the maximum number of freestanding signs is hereby approved
because of the limited space at the corner of the property for a freestanding monument due to the location of
existing underground storage tanks and the line-of-sight triangle required for sight visibility on corner
properties.
Cr\PC2007-82 -1- PC2007-82 '
~ •
4. That the granting of the cond'itionai usepermit, under the conditions imposed, will not be
detrimental to the heaith and safety of the citizens of the'City of Anaheim.
5. That the request to seli beer and wine within the conveniencemarket is hereby approved on ~
the basis that the operational characteristics of the market would limit the opportunities for crime in the area.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA E~IVIRONMENTAL QUALITYACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to demolish an existing service station and construct a new seryice
station with a convenience market and self-serve car wash; 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 #hat the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit orwithin a period of one (1) vear from the date of this '
resolution whichever occurs first the followina conditions shall be complied with:
1. 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 for the 127' x 120' site at the
southwest corner of La Palma Avenue and Euclid Street. 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.
2. That the legal property owner shall submit a lot line adjustment to the Public Works Department;
Development Services Division to merge the 127' x 120' site and Parcel1 of Lot Line Adjustment No. 508
into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the
office of the Orange County Recorder prior to issuance of a building permit.
~. That the developer shall submit street improvement plans to widen La Palma Avenue, including planting
and irrigation for the public parkway, to the Public Works Department, Development Services Division.
The parkway landscaping strips shall be constructed with the irrigation connected to the on-site irrigation
system and maintained by the property owner. Prior to issuance of a building permit, The developer shall
submit a bond prior to issuance of building permit to guarantee that the improvements are constructed
prior to final building and zoning inspection.
4. That all setbacks shall be measured from the ultimate right-of-way of 58' along Euclid Avenue. Proposed
improvements of parkway and sidewalk along Euclid Avenue shall be in its ultimate location. The parkway
landscaping strips shall be constructed with the irrigation connected to the on-site irrigation system and'
maintained by the property owner. Prior to issuance of a building permit, The developer shall submit a
bond prior to issuance of building permit to guarantee that the improvements are constructed prior to final
building and zoning inspection. [Anaheim Municipal Code Section 18.04.080.060).
5. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 60-feet
in width from the centerline of La Palma Avenue for street widening purposes.
~ ~
6. That, prior to issuance of building permits; the contract to improve the La Palma and Brookhurst sewer
lines (within Model 99 of the Combined West Anaheim Sewer"Study) shall be awarded. Prior to
issuance of certificate of occupancy, aforementioned improvements shall be completed.
7. That the parking lot of the premises shall be equipped with lighting of sufficientpowerto illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot. ,
Additionally, the position of such lighting shall not disturb the normal privacy and ~se of any
neighboring residences. Said information shall be depicted on'plans submitted for building permits.
8. That ali plumbing or other similar pipes and fixtures bcated on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown orr the plans submitted for building permits. ' _
9. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color#hat
contrasts with the roof materiaL The numbers shall not be visible from the streets or adjacent ;
properties. Said information'shall be specifically shown on plans submitted for building permits.
10. ' That a trash enclosure shaU be provided and maintained in a location acceptable to the Public Works
Department 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 shalf be protected from graffi4i opportunities by the use of .:
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
11. That an on-site trash truck turn-around area shall be provided per Engineering Standard betail Na 476
and maintained to tlie satisfaction of tHe Public Works Deparfinent, Streets and Sanitation Division. '
Said turn-around area shall be specifically shown on plans submitted for building permits.
12. That the project shaU provide for accessible truck deliveries on-site. Said information shall be
specifically shown on plans submitted for building permits. '
13. That all new backflow equipment shall be located above ground and outside bf the street setback area
in a manner fully screened from alf pu6lic 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 af
the street setback area in a manner fully screened from all public streets`and alleys. Said information
shall be specifically shown on plans and approved by the Water Engineering Department. '
14. That all new driveways shatl be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 115. '
15. 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 walls, materials, identifiers, access points, etc.). '
16. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of any pad-mounted equipment shall be required. Said information shall
be specifically shown on plans submitted for building permits.
17. That the property owner submit a letter to the Planning Department, Planning Services Division
requesting termination of Conditional Use Permit No. 484 (to legalize an existing service station and
permit construction of steel canopies over existing pump islands), Conditional Use Permit No. 2412 (to
retain a convenience market at an existing service station) and Variance No. 2491 (waiver of maximum '
-3- PC2007-82
• ~
number of freestanding signs, minimum distance between freestanding signs and minimum height of
freestanding signs to construct 3"self serve" signs).
Prior to issuance of a aradina permit the foilowina conditions shall be complied with:
18. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under
Califomia's General Permit for Stormwater Discharges Associated with :Construction Activity by providing
a copy of the Notice of Intent (NOI) submitted to the State Water Resources Controi Board and a copy of
the subsequent notification of the issuance of a Waste Discharge ldentification (WDID) Number. The '
applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the projeat site and be available for City review on request.
19. Prior to the issuance of grading permit, the applicant shall submit'to the Public Works Department,
Subdivision Section for review and approvai a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious'areas creating reduced or "zero
-
, discharge" areas; and conserving natural areas. '
• Incorporates 'the applicable Routine Source Control BMPs as' defined in the Drainage Area
Managemenf Plan.
• Incorporates Treatment Controi BMPs as defined in the DAMP.
Prior to final buildinst and zonina inspections the followina conditions shall be comnlied with:
~ .
20. Prior to issuance of certificate of occupancy, the appl+cant shalt:
• Demonstrate that all structurai BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• . Demonstrate that the applicant is prepared to implement ail non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are availabie
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
21. That, prior to issuance of certificate of occupancy, the improvements to the La Palma and Brookhurst
sewer lines (within Model 99 of the Combined West Anaheim Sewer Study) shall be completed.
22. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmenYs of existing water services and fire lines, sha{I be coordinated.through Water
Engineering Division of the Anaheim Public Utilities Department
23. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department.
24. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
General Conditions:
25. That there sha~l be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availabitity of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of
this condition.
• ~
26. That no display of,alcoholic beverages shall be located"outside of abuilding or within five (5) feet of
any public entrance to the building.
27. That the area of alcoholic beverage displays shall not exceed 25% of the total dispiay area in a
building.
' 28. Thaf the sale of alcoholic beveragesshall be made to customers only when the customer is in the
' building.
29. That no person under twenty-one (21) years of age shall sell orbe permitted to sell any beer or wine
unless under continuous supervision of an adult 21 years of age or older.
30. That beer and malt beverages shall not be sold irr packages containing Jess than a six (6) pack, and
that wine coolers shall not be sold in packages containing iess than a four (4) pack:
31. That the possession of alcoholic beverages' in open confainers and the consumption of alcoholic
beverages are prohibited on or around these premises.
32. That the'gross sales of alcoholic beverages shall not exceed 35 percent of ail retail sales during any
' three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages'and other items. These records shall be made
available for inspection by any City of Anaheim official wMen requested.
33. That wine shall not be sold in bottles or containers smaller than 750 mL
34. That all beer and wine storage areas shall remained locked andbetween the hours of 2 a.m. and 6
a.m. when beer and wine is not permitted to be sold, all coolers doors shall be locked.
35. That signs shall be posted on cooler doors for beer and wine indicating lhat the sate of beer and wine
is video monitored in cooperation with the Anaheim Police Department.
36. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, remova{ of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
37. That the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises
over which they have control, as depicted.
38. That there shall be no amusement machines, video game devices, or pool tables maintained upon #he
premises at any time.
39. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
40. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim MunicipaLCode and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
41. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
42. 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
-5- PC2007-82
! ~
regulations. Approval does not include any action or findings as to compliance or approval of the '
request regarding any other applicable ordinance;;regulation orrequirement.
BE IT FUf~THER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the contlitions 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 approvais fierein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying aq charges related
to the processing of#his discretionary case application within 15 days of the'issuance of the finai invoice or
prior to the issuance of building permits for this project, whichever occurs first: Failure to pay all charges
shall result in delays in the issuance ofrequired permits or the revocation of the approval of this application.
THE FOREGOINGRESOLUTION wa§ adopted at the Planning Commission meeting of
July 23, 2007. Said,resolution is subject to the appeal provisions set forth in Chapter 18:60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council l~esolution in the event of an appeaL -
CHAI MAN, A IM PL NG COMMISSION
ATTEST:
,
/~Z'Lu~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 23, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO _
/ IN WITNESS WHEREOF, I have hereunto set my hand this ~3 ~ day of
v u T , 2007.
i
S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION