Resolution-PC 2008-94RESOLUTION NO. PC2008-94
A RESOLUTION OF THE ANAHEIM PLANNING COMNIISSION
DETERMINING THAT A PREVIOUSLY-APPROVED CEQA MTTIGATED NEGATIVE
DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APFROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3939 WITH A
WANER OF A CODE REQUIREMENT AND AMENDING RESOLUTION NO. 97R-137,
(301 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on July 15, 1997, the Anaheim City Council, by its Resolution No. 97R-
137, did approve Conditional Use Pernut No. 3939 to permit a 3,750 squaze foot service stadon,
including a convenience market with retail sales of beer and wine for off-premises consumption, a
drive-through caz wash, and two fast food restaurants; and
Wf1EREAS, on September 20, 2004, the Anaheim City Planning Commission, by its
Resolution No. PC2004-107, did approve Conditional Use Pernut No. 2004-04881 to remodel an
existing historical building and to establish a commercial retail center with an accessory auto detailing
facility; and
WHEREAS, the project site encompasses two parcels. One pazcel is cunently
developed with a service station, convenience market and full-service caz wash and is located within
the General Commercial (C-G) zone. The adjacent pazcel to the south is developed with a khree-unit
retail building and is located within the Industrial (I) zone. The Anaheim General Plan designates both
parcels for Mixed Use; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on
Exhibit "A", attached hereto and incorporated herein by this reference for an amendment to
Conditional Use Pemut No. 3939 to pemut a two-story retail and storage addition to an existing
service station and full-service car wash with waiver of the following provision of the Anaheim
Ivlunicipal Code: -
SECTION 18.42.040.010 Minimum number of parking spaces
(87 spaces required; 58 spaces oroposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 29, 2008, at 2:30 p.m., notice of said public hearing having been
duly given as required by ]aw 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
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 deternnine the following facts:
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1. That the proposed request to permit a two-story retail and storage addition is
properly one for which a conditional use permit is authorized under Code Section 18.08.030.010 of the
Anaheim Municipal Code.
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and
the growth and development of the azea in which it is ]ocated because the proposai is consistent with
other uses and structures already existing on-site and that the existing row of trees separating the site
from the adjacent property to the south would remain in place.
3. That the size and shape of the site for the use is adequate to allow the use in a manner
not detrimenta] to either the particular area or health and safety as the proposal is consistent with other
uses and structures already existing on-site.
4. That the traffic generated by the use of the property by the existing and proposed uses
will not impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area a portion of the proposed area will be used by the existing convenience mazket and
the new retail space will not result in a significant increase in traffic.
5. That a pazking study was prepared by the City's independent traffic and parking
consultant, and the study concludes that the number of parking spaces provided would be adequate to
support the existing and proposed uses; and
6. That the granting of the conditional use pernut and parking waiver under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
Z That no one indicated their presence at said public hearing in opposition; and that no
conespondence 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 that the Mitigated 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.
BE IT F[JRTHER RESOLVED that the Anaheim Planning Commission for the reasons
hereinabove stated does hereby approve the proposed amendment to Conditional Use Permit No. 3939
as requested by Yhe applicanT.
BE TT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons
hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in
connection with City Council Resolution No. 97R-137, and as adopted in connection with Conditional
Use Pernut No. 3939, as described in Exhibit "B" attached hereto and incorporated by this reference,
which are hereby found to be a necessazy prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfaze of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, that except as amended herein, Council Resolution No.
97R-137 remains in full force and effect.
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BE IT FURTHER RESOLVED, that this pernut is approved without limitations on khe
hours of operation or duration of the use. Amendments, modifications and revocations of this permit
may be processed in accordance with Chapters 18.60190 (Amendment to Pernrit Approval) and
18.60.200 (City-Initiated Revocation or ModificaUOn of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine thak adoption of this Resolution is expressly predicated upon applicant's 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.
BE TT 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 invaice. Pailure to pay all charges shall result in the revocation of Che approval of this
applicaYion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 29, 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. ~
CHAIRM.~,N, AI7AHEIM PL~INNING COMIvIISSION
ATTESTt~
ARY, ANAf~ErM PLANNING COMMISSION
STATE OF CALIFOI2NIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 September 29, 2008, by the following vote of the members thereof:
AYES: CONIMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO
NOES: COMNIISSIONERS: NONE
ABSTAINED: COMIVIISSIONERS: KARAKI
ABSENT: CONIMISSIONERS: AGARWAL, RAMIl2EZ
IN WTI'NESS WHEREOF, I have hereunto set my hand this 13`~' day of
October, 2008.
" `/~
ETARY, ANAI-~IM PLANNING COMMISSION
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E%HIBIT "A"
CONDITIONAL USE PERNIIT NO. 3939
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EXHIBIT `B"
CONDITIONAL USE PERNIIT NO. 3939
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
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1 That 4 foot high street address numbers shall be displayed on the roof Police
of the building in contrasting color to the roof material. The lines of
the numbers are to be a minimum of six inches thick. Numbers should
be spaced 12 to 18 inches apart. Numbers should face the street to
which the structure is addressed. The numbers shall not be visible to
adjacent streets or properties. Said information shall be specifically
shown on plans submitted for building pemvts.
2 That plans shall be submitted showing conformance with the current Public Works
version of Engineering Standard Details 436 and 470 pertaining to
parking standards. Subject property shall thereupon be developed and
maintained in conformance with said plans.
3 ' That Exhibit Nos. 3 through 6 shal] be revised to be consistent with Planning
the site plan, including a modification to the size of the vacuum
canopy to comply with structural setbacks required by Code.
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4 That all requests for new water services or fire ]ines, as well as any Public Utilities -
modifications, relocations, or abandonmentof existing water services Water
and fire lines, shall be coordinated through [he Water Engineering
Division of the Anaheim Public Utilities Department.
5 That any required relocation of City electrical facilities will be at the Public Utilities -
property owner's expense. Landscape and/or hardscape screening of Electrical
all pad-mounted equipment will be required and shall be outside the
easement area of the equipment.
6 That subject property shall be developed substantially in accordance Planning
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.
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7 That no propane tanks shall be permitted on site. Planning
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RESPONSIBLE
Np, CONDITIONS OF APPROVAL FOR
MONITORING
8 That [he sale of alcoholic beverages in the convenience muket shall Police
not exceed thirty-five percent (35%) of the gross sales of all retai]
sales during any three month period. The business owner shall
maintain records on a quarterly basis showing the sepazate amounts of
sales of alcoholic beverages and other items. These records shall be
subject to audit, and made available, reasonable business hours.
9 That no display of beer or wine shall be located outside the building or Police
within 5 feet oF any public entrance to the building.
10 That the areas of beer or wine displays shall not exceed twenty five Police
percent (25%) of the total display azea in the building.
11 That the window signage shall not be permitted. All fixtures, Code Enforcement
displays, merchandise and other materials shall be located a minimum
of 3 feet from all window areas.
12 That no advertising of beer or wine shall be located, placed or Police
attached to any location outside the building, and that any such
advertising shall not be audible (interior or exterior).
13 That no video, electronic or other amusement devices or games shall Code Enforcement
be permitted anywhere on the subject property.
14 That the sale of alcoholic beverages shall be made to customers only Police
when the customer is inside the building.
15 That no person under twenty-one years of age shall sell or be Police
pernvtted to sell any beer or wine.
16 That no alcoholic beverages shall be consumed on the premises. Police
17 That the parking lot serving the premises shall be equipped with Police
lighting of sufficient power to illuminafe and make easily discernible
the appearance and conduct 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, and that said lighting infonmation shall be
specified on plans submitted for building permits.
18 That beer shall not be sold in packages containing less than a six pack Police
and that wine coolers shall not be sold in packages containing less
than a four pack.
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RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR --
MOIVITORING
19 That any public telephones proposed on-site shall be located inside the Planning
convenience mazket.
20 That the existing trees along the south property line, sepazating the site Planning
from the apartment development, shal] not be removed. If removed,
they shall be replaced with minimum 36-inch box evergreen trees.
21 That on-going during project operation, no required parking azeas Public Works
shall be fenced or otherwise enclosed for outdoor storage uses.
22 That on-going during project operation, all exterior doors shall have Police
adequate security hardwaze, e.g. deadbolt locks.
23 The puking lot shall be maintained in good condition free of trash and Planning
debris.
24 Timing fox compliance with conditions of approval may be amended Planning
by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that sadsfies the original intent and
purpose of the condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved
development.
25 Extensions for further time to complete conditions of approval may be Planning
granted in accordance wi[h secuon 18.60.170 of the Anaheim
Municipal Code.
26 Approval of this application constitutes approval of the pro$osed Planning
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 approva] of the request regarding any other applicable
ordinance, regulation or requirement.
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