Loading...
Resolution-PC 2008-53RESOLUTION NO. PCZ00&~3 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING CONDITIONAL U5E PERMIT NO. 2008-05309 (770 NORTH EAST STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to construct a service station with a caz wash and a convenience mazket with sales of beer and wine for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on E~ibit A, attached hereto and incorporated herein by this reference. WHEREAS, the applicanY has reguested approval of a conditional use permit to conshvct a sarvice station with a caz wash and a convenience market with sales of beer and wine for off-premises consumption pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 28, 2D08, at 2:30 p.m., potice 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 "Procedures", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHBREAS, 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 detemune the following facts: 1. That the proposed request to construct a service station with a car wash and a convanience market with sales of beer and wine for ofF premises consumption is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the /~naheim Municipal Code; and 2. That the service station, car wash and convenience store use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the azea in which it is located because the service starion employ sound reducing measure to ensure that the caz wash and service station will comply with all Code requirements pertaining to sound pressure levels. 3. That the size and shape of the site for the use is adequate to allow the ser~rice station, caz wash and convenience store use in a manner not detrimental to either the particulaz area or health and safety as conditioned, as the property meets all Code requirements and there is sufficient pazking to provide for the use. 4. That the traffic generated by the use of the property as service station, car wash and convenience store use, as conditioned, will not impose an undue burdeu upon the streets and highways designed and impxoved to carry the traffic in the area and; 5. That the granting of the conditional use perniit under the conditions iinposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. -1- PC3008-53 6. That a person indicated their presence at said public hearing in opposition; and that a letter was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find and detemune that the Negative Declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declazation together with any comments received during the publie 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 FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05309 to construct a service station with a car wash and a convenience mazket with sales of alcoholic beverages for off=premises consumption 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 welfaze of the Cirizens of the City of Anaheim: Responsible for No. Conditions of Approval Monitoring TIMING: PRIO R TO THE ISSUANCE OF GRtIDING P~RMITS 1 The applicant shall submit to the Public Works/Development ' Public Works Services for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious azeas, maximizing permeability, minimizing directly connected impervious azeas, creating reduced or "zero dischazge" azeas, and conseiving natural azeas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treahnent Control BMPs as defined in the DAMP. m Describes the long-term operation and maintenance requirements for the Treatrnent Control BMPs. • Identifies the enrity that will be responsible for long- term operation and maintenance of the Treahnent Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. TIMING: PRIOR TO THEISSUANCE OFBUILDINGPEIZMIT~S " ' 2 A comprehensive final sign plan shall be submitted to the Planning Planning Services Division for review and approval. Any decision by the Planning Services Division regazding signage ma be a ealed to the Plannin Commission as a'Re orts -2- PC2008-53 Responsible for No. Conditions of Approval iVionitoring and Recommendations' item. 3 That no building permits shall be issued until after the p]anning effective date of the ordinance approving Reclassification No. 2008-00216. 4 The following items must be submitted and approved: Public Works • Any revisions to the original grading plan related to the building pad. o Two (2) copies of the interim soils report indicating pad compaction and site stability. The original and two (2) copies of a letYer of certification for the building pads from the civil engineer, E~ibit D. E~ibit D can be found on the following City of Anaheim website: www.anaheun.neUdepts servc/pub works/dev svc/fg~roc. htm 5 The owner shall submit street and landscape improvement Public Works plans for La Palma Avenue and East Street to the Public ' Works/Development Services for review and approval and bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attomey's Office. The improvements shall be constructed prior to final building and zoning inspections. 6 The property owner shall n-revocably offer to dedicate to the Public Works City of Anaheim an easement 53- feet in width from the centerline of La Palma Avenue and an easement 55- feet in width from the centerline of East Street for road, public utiliries and other public purposes. Comer cut-off dedication at La Palma Avenue and East is also required. An ADA compliant curb access ramp with truncated domes shall be constructed at La Palma Avenue and East Sh~eet in conformance with Public Works Standazd Detail 111-3. The ramp shall be conshvcted prior to final building and zoning inspections. 7 Plans shall be submitted to the Planning Services Division Planning indicating that the car wash will be equipped wath roll-up doors on the entrance and exit of the car wash. The doors sbali be closed at all timas when the car wash is in operation. Said plans shall also specifically note that the dryer shall not operate when the doors to the carwash are open. -3- PC2008-53 Responsible for No. Conditions of Approval 1VIonitoring PRIOR TO FINAZ BUILDING A1VD ZONING INSPECTION 8 The owner shall improve Public Works • La Palma Ave: bus shelter must remain in place; proposed driveway approach sha11 be conshucted per Public Works standard 115-B. • East Street: Dedicate additional 10' Por an ultimate r/w of 55'; Widen street to 35' per std. 160-A for the entire length of the properiy; construct 5' pazl.-way and 5' sidewalk; relocate catch basin; remove and replace existing driveway approaches with curb and gutter per Public Works standard 120; proposed driveway approaches shall be constructed per Public Works standard 115-B. 9 Applicant shall pay the City of Anaheim to provide a new public Works City standazd bus bench. This new bus bench will be installed by the City at the existing bus stop on La Palma Avenue east of East Street. 10 Pnor to issuance of certificate of occupancy, the applicant public Works shall: • Demonstrate that all structural BMPs described in the Project & Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to iznplement all non-structural BMPs described in the Project & Site Specific WQMP • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operafion and Maintenance Plan for all strucrizral BMPs. GEIVERAL ' 11 The property owner shall record an unsubordinated Planning covenant, satisfactory to the Planning Director and City Attorney, agreeing to remove all structures, including underground storage taziks, in the event that the station is closed for a period of twelve (12) consecutive months. A service stataon shall be considered closed during any month -4- PC2008-53 itesponsible for No. Conditions of Approval Monitoring in which it is open for less than fifteen (1~) days. 13 Window signage sha11 not be permitted for the service station Planning or convenience mazket. All fixtures, displays, merchandise and other materials shall be set back a minimum of three {3) feet from all window azeas. 13 No storage, display or sales of any merchandise or fixtures Planning shall be permitted outside the building. 14 That the car wash shall comply with all state laws and local Planning ordinances for Water Conservation Measures. Voluntary water conservation strategies shall be encouraged. 15 The applicant shall maintain on file an Emergency Listing Police Card, Form APD-281, with the Police Depazhnent. 16 The applicant shall complete a Burglary/Robbery Alazm Police Permit application, Form APD 516, and retum it to the Police Deparknent ppoz to initial alarm aetivation. 17 Reaz entrance doors shall be numbered with the same Police address numbers or suite number of the business at a minimum letter height of 4 inches. 18 That the pazking lot of these premises shall be equipped with Police decorarive lighting of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons on or about the parking lot. Lighting shall be directed; positioned and shielded in such a manner so as not to unreasonably il l uminate the window areas of nearby residences. Said information shall be specifically shown on the plans submitted for building permits. Final lighting plans • shall be submitted to the Planning Department for review and approval. 19 That there shall be no video, electronic or coin-operated Police games, or pool tables or other amusement devices maintained upon the premises at any time. -5- PC2008-53 Responsible for No. Conditions of Approval Monitoring 20 That any public telephones proposed on-site shall be located ' Police inside the convenience mazket. 21 Final landscape plans shall be submitted to the Planning Planning Department for review and approval. Additionally, the queen palm trees identified on E~hibit No. 1 adjacent to the residential property lines shall be replaced with evergreen trees. Said irees shall be a 24 inch bo~ tree and a minimum of 10 feet in height at the time ofplanting and shall be spaced every 10 feet on center. 22 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City ofAnaheim by the petitioner and which plans are on file wiYh the Planning Department marked E~ibit Nos. 1 through 8, and as conditioned herein. 23 The hours of operation shall be consistent with the letter of Planning operation on file with the City of Anaheim Planning Department, or other similar off=peak hours such as other weekend days or weeknights. In addition the doors to the convenience mazket sha11 be locked at 11 pm and can be opened at 5 am. Any business for the convenience market during these hours shall be conducted through the evening transaction window. 24 That approval of this agplication constitutes approval of the Planning proposed request only to the extent that is 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. 25 Approval of this application constitutes approval of the Planning 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 regazding any other applicable ordinance, regulation or requirement. -6- PC2008-53 BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges shall result in the revocation of the approval of this applicarion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of Apri138, 2008. 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 Resolution in the event of an appeal. CHAIitM~, ANAHEIM PI~.4dNING COMMISSION ATTEST: SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIPORIdIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planuing Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Apri128, 2008, by the following vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, ~ASTMAN, FAESSEL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: KARAKI ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _~g~, 2008. .J . „ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2008-53 --- ---- - _ ...- - - , ~U ~ r ~ Y 0-' g LA PALMA AVE G~ Z ~o ~ ~~ r _: Subject Property General Plan Amendment No. 2008-00464 Reclassification No. 2008-00216 Conditional Use Permit No. 2008-05309 Determination of Public Convenience or Necessity No. 2008-00040 770 North East Street W ~~HE~P11W P S~ _ - _ . _ _ _ . Source: Recorded Tract Maps anNor City GIS. Please note Ihe accuracy is +/- (WO lo five feel. ~ , ~ - ~ > ~ ; F < im ,w _ = i o ~ E~LAPAIMAAVE lV 2 ~ : ~ ~, ~~n~ ~~~ mti ~n mo p , lW ~OP~WPY s 10523 o ~o «~ ~. . k~i