Resolution-PC 96-118• ~
RE~^"'rinN NO PC96-t 1
A RESOLU710N OF THE ANAHEIM CITY PIANNING COMMISSION
THAT PE7ITION FOR CONDITIONAL USE PERMIT N0. 387& EE GRANTED, IN PART
WHEREAS, the Maheim Ciry Planning Corc~mission did receive a verified Petition for
Condftiona~ Use Permft for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Calffomia, described as:
THE NE ~OR ~H~S~QUAR7ER OP 7HE SO HWEST GIUARTER OF SECTION
OF TH
27~ U~dTY OF 0 IRANGEOSTATE O~F CALIFORNIA IN Th'EERANCHOF S'°`N~JUAN
CO
CAJOT ER 0 RE ORDED~IN BOOK 5~1HP4GE O~MISC~l1~41~E0US MAPS
MAP
RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the Ciry ?lanning Commission ~i~di~hoio a~p~u~~U~h~e~9ng havi g beeCn duly
in the City ot Anaheim on November 13, 9896 at 1:30 p.m.,
gNen as requlreci by law and in accordance with the provislons of~ th~s~ ~~~dit onal cus~e Pe~!nen a~ tt°
18.03, to hoar and ~onstder evidence for and against said p P
invest!gate and make flndings and recommendat~ons in connection therewith; and
WHEREAS, ~'i cons derationnof all evidence and eports oifferied atnsaid hea 9a does find
and in fts behalf, and after due
and determine the following iacts:
~. That the proposed use is properly one for which a conditional use permit is autho~.`zed bY
Anaheim Municipal Code Secti e mar etow h sales o beer~and ~vine for off-Rremises conrsumption, 3"-d wf rhi~
service .~'~ntion and convenienc
waiver of the following:
a na nF0.0225 Min(m ^~ ~mber of parkina soa~•
~a~ ~Prtion~ ~ a required;
~~ ~a p~~~ ~ '~ `
1~ to 17 recommended by the City Traffic and Transportation hlanager)
and 18•~4~~
~~~t1~ns 18 44 G~2~4 Minimum seauire~ landscapina. _
~b~ ~- 72 (Required along south property line: 7 trees planted an m i m
n 1 . 7•~~ ,,
foot_ ce_=ters. Proposed: 7 trees along easterly 88 feet of south propb !
line but ^ trep~ alona westerlv 62~f ,~~~ larded on max~m~m ~Q'f.44I
Required along west property Iine: t~ p r tlR Iln~ "`_ .,
cente~, Proposed: t6 rees along northerly 65 feet of west p op" •Y
b~ ~~ trePs along.~L~h ~ ` f° t
2, That wafver (a) is hereby approved,mi ~ that 15 toI 7 spaces wiil satsfy t e~expanded
demand for the praposedaus s of hiseproperty;ter
roved and under the condftions imposed, wUl not cause
3, That the parkfng waiver, as app foreseeable
fewer off-street parkfn9 spaces to be provided for such use than the number of such spaces recessa
to accommodate ~tfon ofCSUCh useutable to such use under the normal and reasonably
conditlons of ope P~_~ ~ ~
_~.
CR2775DM.WP
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q, 7hat the pa-icin9 waNer, u~ublic st eets ~i~othe mmed~te ~vicinity ofethe P~oP°S~ ~8 ~
competftlan for parking spaces upon the p
5, That the parking waiver, under the conditions ~~-'~noh~~m ~~~jatenvicin'dy of the prc~posed
competftion for parking spaces upc~ adjacent private proPeKY ~ reement in compliance
use (which property is ~ot expressty provided as y~arking for such use under an ag
wfth Section 18.06.010.020 of this Code);
g, Tiiat the parking waiver, und? ~ia~ for suich useP~s~ Will not increase traf:~c congestion
wfthin the ~ff-streat parking areas or lots pro
7, That the parking ~a~ e u on the publio streets mp h~m1~~at i v cinfty of thBl PfOnP°S~
to or egre s s f r o m a d J a c e n t p r o p e P
use;
g, That waiver (b) is hereby approved, in paR, for a total of at least 14 clustered trees ong
the south and west propercy Ifne;
g. That there are speclal circumstances app~i~bie io the propeRy, as p°~~~= to p~anting thb
on max; ~um 20-foot centers, such as si~e, shape, topographY. ioc~+tion or surroundings, which do
trees ro erttes in the vicinfty because (n the area behind the cornenience
__ not apply to othar ldentically zoned p P ~o e~ ma[ntain trees wfthout a spec~ a~~
market along the south property ~ine ~s too narrow to P p Y ro e Iine and
easement from the adjacent property to the south and (ii) the corridor between the west p p nY
, ro osed canvenience market is required to be Fiee ~e1eartment, andrthat thismarea w~~ be oncre~e
tb,s p P ~ u~red by the Anaheim P
eme~gency exft purpose. as req
and planted wfth vines ir~ 'Wine pockets' adjacent to the building; of rivfleges enJoyed bY
~p, That strict application af the Zoning Code deprNes the propeRy P
other p~o;.4nies under identical zoning classification in the vicinity; e~n ~s authorized
11„ That the proposed uses are properly ones for which a conditional use p
by the Zoning C.,de;
12. That the proposed sale of beer and wine for off-premi~es consumptl~~n does not requ re
located in an above
a Deternination of Public Convenie~ice and Necessiry because subject property fs.~4l
, ;,ie~g~ crime area arad there~il b no~consumptionaof beer or wine~ on the~ubJectnP operty~ses in the
~ a~~~ a~d, furthor, that there
~3, That the proposed uses, as granted, will not adversely affect the adJoining laexi use~ and
d the growth and development of the area in which they are proposed to be IocatRd; to ~I~ ~e ~I
~` ~~ 14. That the size and shape of the sfte For the proposed uses is adequate ce, health,
~ development of said uses in a manner not det~imental t~ the particular area nor to the pea
~ ` ~f~ty, and general welfare;
~5, That the trafflc generated by the proposed uses wiil not impose an undue burden upon
the streets and highways designed and improved to carry the traffic ~~he cond lons imposed, wGl not be
~g, That the granting of the conditional use permft, under t of q~heim; ar-d
detrimantal to the peace, health, safety and general welfare of the citfzens of the C ositfon; and that no
~7. That no one indicat Oshon orthe subjectapet~tionlic hearing in opp
correspondence was received In opp
PCgg-118
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AUFORNIA ENVIRONMENTAL QUAUTY ACT INDlN : That the Anaheim Cicy Planning
Commission has ~e~~9W~d t fo poffp~ mises cons mpt on anol ~+Khe~~er oftminimum numnber `~~ ~y
W~h saies of beer and wi~e p in on a rectangularly shaped Pa~cel consisting of apF ~vin
space arxl minimum required landscap 9
0.52 acre incated as of 150 eet on the ouch side of Orang wood Avenue and 50 feeton tihe west skle
approxtmate frontage
ndent judgement of the lead
of liarbor Bouleva ~tio~ f~rt~ ~nding thatihe de carat onh eflects the ind ~~ a~ does here y appr
the NegatNe Decla P~ comme~ts ~eceNed du~ing
agency and that n has considered the Negative Declaration together any
rocess and furtl'ier flndin~ on the basis of the inftial studY and any comments receNed
thy public review p
that there is no substantial svidance that the prolect Wi~~ ~ve a signiflcant effect on the ernironme
~pW, 7HEREF~OCondftiona~U e PeEmfthin paR uponi he b~owing ondiUons Wi~ h~
her~by grant subjrot Petft o ro e in order xo
her:~by founo ta ~e a necessary prerequislte to the proposed ~S of Anaheimbject P F~'h~
preserv3 the safet}~ and general welfare of the Citizens of the Ciry
b r Boulavard and one (1)
`~
,~
` ~: :
. 3.
~:
5.
EI.
g. That plans o
~nd approval by the Plann(ng Commisston as a'Reports an ec
sign plan shall specHy ths fai~owing:
Wall signs shall be Iimited to ona (1) wall sfgn facing Orangewood Avenue and one (1) waU s~9n
(a} Wall si n above the main entrance facing northeasterly;
facing Harbor Boulevard QL one (t) 9
and
PC96-11 B
Th+^t only two (2) driveways shall be permitted: one (1) driveway on Har o
Avenue
driveway on OrangewoD ~ I No. 607g, as ar~as ~ossib e'fo m thet intp section t Orangew°°dc Wo
Engineering Standard roval of the City Traffic and TransPor~tion
and Harbor B~ulevard, and subject to the review and app
Manager. '
That the existing drivewa fbo~~e ~9~deW~ and landscaping.or Boulevarcl shall be removEd and
repiaced witn standard cu ~ g
That piar.~ ~t~a~~ be submitted to the Ciry TraHic and Transportation ManaSe~ far his review a
Ineerin Standard F~2n Nos. 436 end
;~ ,rova! =4hi:~ing conformanco with ihe currert~vee ~O sha I Ehereupon be developed ancl maintained
~.,_ ~~in ~~: ~ parking standards. 5ubject p P rtY
i~~ cdr.torinancs wfth said plans. uired by the
That tl:o new drNeways shall ba construin~r n~ Standa~d fNo. 1d37us curb ratums as req
Ctty Englnee~ in conformance With Eng 9~
That a plan sheet for sali rtment Stree9s nd Salnitation DNisEonlforf eview alrui approv~al submitted
Su the Public Works Depa
T;a:~~an ornsite trash trurt~ent Sueetsaa dSSainita~lon~DVfso nd Saidttum-around area sha~~ be
1ha ~'ublic Works Depa
"5,:;•ciflcally shown on p!ans submhtad tor building permits.
. That Iighting fLv,tures shail be k Wa I~The Ilghting fixcu esi shall be directed ~ t the~ setbac~ ~~
b~~ fl d i n g a n d t h e e x l s t i n g b l o c f r o m t h e a d~ a c e n t m o~~ P 8
this location and shall be down-Iighted and direct e d awa y
west. Said speciflcations sha11 be shown on the plans submitted for building pe
f r a comprehensfve sign program shall be submitted to ihe Zoning DNis~un for revie~w
R ommendations' ayenda ftem. 7he
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(b) No signage shail be permitted on the gasoline pump island canopies; and
(~) The existing freestanding pole sign shall be rem~ved. Any proposed freestanding siyn shall be
e maximum eight (8) feet high (as mEasured from the finished grade of the
~ monument-typ ,
nearest si and Orangewood IAvenue!aand that sa(d sign location shall bie submitted of the City
Boulevard roval for line-of-sight co~siderations.
Traffic and Transportation Manager for review and app
g. That landscape p~ans shall be submitted for review and approva~ by the Pianning Commission as a
"Raports and Recommendations" item. Submitted plans shali specify the following:
(a) Landscape setback areas adjacent to Harbor Boulevard and Orangewood Avenue: ~ement
(i) Minimum fifteen ;15) (minimum fifteen [15] gallons each) MagnoUa trees to comp
the landscaping of the ~i ch h ghehedc~el and sh ubs w th tho ns (to preven pedestrian
(i~) Minimum thirty six (36)
traffic); anci
(lii) Substantial landscaping adjacent to the intersection planted within a semi-circular p anter
area.
(b) Landscape setback area adjacent to the west property line:
(i) Minimum seven (7) (minimum fift?en [15j gallons each) trees, shrubs (minimum five [5]
galions each~, and ground cover;' and
(ii) Vine pockets planted with minimum one (1) gal~on sized vines planted on maxirnum three
(3) foot centers adjacent to the convenience market building wall.
(c) Landscape setback area adJacent to the south property line:
(i) Minimum seven (7~ (minimurn fifteen [15J gallons each) trees, shrubs (minimum fNe [5j
gallons each), and ground cover; and
(ij) Vine oockets planted with minimum one (1) ga~lan sized vines planted on maximum three
(3) foot centers adjacent to the convenience market building wa11; and
(iii) No fence shall be permitted to ensure "defensible space" fn this area.
(d) Interior parking lot landscape areas:
minimum fifteen [15] gallons each) trees, s ftublan e simum five [5]
~i) Minimum seven (7) (
gallons eac h), a n d ground cover in minimum forty eight (48) sq. • p
10. That any public telephones proposed on site shall be located inside the convenience market.
11, That during business hours of subject facility, separatel ed and ma n~a ed. rSa d facil Ye1stlshallhbe
be available to the public, and shall be properly supp
speci~caliy shown on the plans submitted for 5uilding ~ermits.
12. That all setback requirements shall be measured from the ultimate rights-of-way line.
13. That no window signage shall be permitted.
Act. If the site
14. That ihe de t the sritehs11asl galtpar el oferecord as defined by th~e Subcl visi ~neMapPment Serv ces
DNision, tha roval
is not a legal parcel, the developer shall submit a Certificate of Compliance for review and app
by the C'ity Engineer.
PC9(i-118
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pMQ s ecffica~~Y identffying the
~5. That the developer s~c~iices hat will be used o- ste o cont ol Ipredictable po utants from s~~~Water
best management p
runoff. The WaMP shall b~ and app oval,the Public Works-Engineering Department, Developmen
Services Division, for revie
16. That off-premises sales of beer and/or wine shall be permitted only betvveen the hours of 8 a.m. and
2 a.m.
~7. That no alcoholic beverages shali be consumed on the property.
arkir lot serving the premises shall be equipped with lighting of suf'ricient power to
18. That the p 9 earance and conduct of all persons on or about the
illuminate and nake easily dis~ernibie the app
~arking lot. Said lighting shall be directed, position businessesa~ ~n such a manner so as not o
unreasonably illuminate the wlndow areas of nsarby be amerded from
1g. That ali provisions of Anaheim Municipal Code Section 18.87•023.020 (as it may
ff-sale of beer and/or wine in seNice stations shall be complied with•
time to time) pertaining to o ross sales of all
ercent (4096) of the 9 uarteri
2p. That the sales of alcoholic beverages shall not exceerl o P
month period. Tiie applicant shall maintain records on a 4 Y
retaU sales during any three (3)
basis indicating the separand madetavailable, when equested by any CitytoeAnahefm official during
shall be subJect to audit, a
reasonable business hours. remises at any time.
21. That there shall be no coin-operated games maintained upon :he p 5 feet
22, That no display of beer or win bu dinge ~ocated outside the convenience market or within five ()
of the public entrance to the of the total display
23, That the area of beer or wine displays shall not exceed twenty five percent (25%)
area tn a building.
24. That the sale of alcoholic beverages shall be made to customers only when the customer is inslde
the building.
ermitted to sell any beer or wine.
p5:`' That no person undertwenty one (21) years of age shall sell or be p
26, That any tree planted on-site shall be replaced in a timeiy manner in the event that ft is removed,
dan~a9ed~ diseased and/or dead.
waiver is contingent upon operation of the use in con rkin a demand
27. That the granting of the parking violating, intensffyin9 or
the assumptions relating to the opera~o al of said varianceSe Exceeding, ~n the pa
study that formed the basis for app tions, as contained in the parking demand s~tudy, shall
otherwise deviating from any of said assump on ~id variance which shall subject
be deemed a violation of the expressed conditions imposed uP
that variance to termination or madiCode.n pursuant to the provisions of Sections 18.03.091 and
18.03.092 of the Anaheim Munic p
28, That, in conformance with Ans~heim Municipal Code Section 18.44.050.070 eertair~ing to removal o
bordinated agreement shall be recorded with tVe ~ hat~hehstat ongis
closed service stations, an un
Counry Recorder agreeing to remove the service station structures in t e
closed for a period of twelvh (tt2) copsecutive months. A service station shall be considered clos
is o en for less than fifteen (15) days. A copy of the racorded
during any month in whic
agreement shall be submitted to the Zon!ng Division. P~ 118
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2g. That no outdoor storage of, dispiay of, or work on vehicles or vehicular P f Qm view fromral P~ ~ic
30. That no roof-mounted equipment shall t~e perm!tted, unfess fuliy screened
streets and adjacert properties. ~{~~~ w~thin
31, That the owner of subject property ~hah bo responsible for'ne removal of any on-sfte g
twenty four (24) hours of i?s app~~~att~n.
armitt~d.
a2. That no propane tanks shall be P•
33. That subject ~roperty shafl be de~~elophe pe tfo~~ialla d v+~ c°r p~ans arehonafile wtt he Planning
subm:,tQd to ths ~ity cf Anahc~im by
De~artm~nt marked Exi~ib}t ~1os. 1?hro~-~h 5~ pravided, huwaver, th~t a rrinimum of fifteen (15
,ovided ~nd ~:~ '': ~~ minimum of fourteers ',14; clustered trees shall be
_ pa~i:isin :,pa.~~~~s shall be ~-
~sGVi~L~ ~.~o;ic~ ;r'~; south and wesi 7rop£::; ~~a•
~ a ~~~:;m the r...:a af this resols.~ti~~n, ihe develonEr shal! submito a~ ha
34. That ~~r:tY•::: nir+Pn` 1~~~ `a S,,;Un of the S'ubiic l)t~1,tt ;, t~e~~artmer~t for revEew and app
Environrnent anci 5artety v
c~mp!ete delineation of th~ ta e>~:` z~'d v~' :'`~'~' e~"'~r:' u'~`'°-eum hydrocart~c.,~ coniamination on t e
subjece properry•
i g(, t:: s~rnm ?I :~ t:%? 'r .~~iut!on, a sail remediation plan
3 5. T h at within one hundred ef9hry ( - y y, ; M,,,, ~~~~ of the t;alic Utilities Department. Within
shall be submitted to t he Env i r o n m enot a' n d! e adeveloper shall insts:i the appro v e d s o i l r e m e d i a t i o n
n!nery (90) days of rece ip t of a p p
system. dis ensing area.
36. That there shall be no audio advertisement of beer and/or wine sales In the pump P
37, That there shall be no on-site tables or seating areas on :he premises.
That rior to issuance of a building permit or within a period of one (1) year from the date of this
38 P 3 5, g, 7, 8, 9~ 12~ 14, 15 and 28,
resolution, whichever occurs first, Condition No.
lied with. Extensions for further time to comp~ete sa~d conditions
above-mentioned, shali be comp
may be granted in accordance with Szction 18.03.090 of the Hnaheim Municipal ~ 4 e.1a and 33,
3g That prio~ to final building and zoning inspect ions, C o ndition Nos. 1~ 2~
above-mentioned, shall be complied with.
lication constitutes approval of the proposed request only to the extent that
40. That approval of this app' rovai of the
ft complies with the Anaheim Municipal Zoning Code and any other applicabliance ortapp nd Fedara
regulations. Approval does not include an~ action or findings as to comp
request regarding any other applicable ordinance- regulation or requirement.
BE IT FURTHER RESOLVED that the Aessl ~m ed catednupon app ~ssion does hereby fin
licant's compliance with
such condition, or any part thereof, be
and determine that adoption of this Resolution is exp Y p etent urisdiction, then this
each and ali of the conditions hereinabove set forth. Should any
declared invalid or unenf ovalsbhe e ntcontainedashallnbe deemedUnuli and void. ,
Resolution, and any app
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PC9&i-i 18
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THE FOREGOING RESOLUTION was adopted at the Pla ~ng Commission meeting of
November 13, 1996•
' ~ ' i
CHAIRMAN ANAHEIM CITY IJ~NNING COMMISSION
A'~TEST: ~ ~ ~ ~ .
i ~~n_~
SECRiEl'ARY, ANAHEIM CI7Y PC.ANNING COMMISSION
STATE OF CALIFORNIA )
COUN'fY OF ORANGE ) ss.
CITY OF ANAHEIM ) y that
I, Edith Harris, Secretary of the Anaheim City Planning Commission, do hereb certHy
the foregoing resolution was pas i~ fol o ng tvote of heememberst hereof ~~ vi{y Planning Commission
held on November 13, 1996, by
AYES: COMMISSlONERS: NONE. ~ICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERA7J~1
NOES: COMMISSIO
ABSENT: COMMISSIONERS: NONE i
~ day of ~:~~
IN WITNESS WHEREOF, I have hereunto set my hand this ~
1996. ~ ~ -
SECRETARY, ANAHEIM CITY Pl1~NNING COMMISSION
PCg6-118
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