Resolution-PC 96-70y ~
i1~
RESOLUTION NO. PC96-70
A RESOLUT'^N OF THE ANAHEIM CITY PUWNING COFAMIS510W
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3851 BE GRANTED, IN PART
WHEREAS, the Anaheim ~iry P~~i~ ~~h ~~~~eim~County of O nQ IGState
Corxlitional Use Pertnft for certain real property
of Calffamta, described as:
PhHCEL 1, AS SHOWN ON A MAP FIi.PD ~t~i ~OOK 27, PAGE 7 OF Pr1RCEL
MAPS, IN THE OFFlCE OF THE COUNTY RECORDER OF ~DRANGE COUNTY,
CALIFORNIA
WHEREAS, the Ciry Planning Commission did hc~ld a publ~ hearing at the Civic CeMer
tn the Ciry of Maheim on July 8, 1996 et 1:30 p.m., ~otice of sa(d publ~ hearing having been duty given
as requfted by law and in accordance wfth the Provtsions °f the Anaheim Municfpal Code, Chapter 18.03,
to hear and consider evkience for arxl against said proposed corxJftional use permft arxl to irnestigate arxl
make flnd~ngs and rer.ommendations in connectfon therewith; acxi that subJect request was continuod to
ihe July 22, 1996 Planning Commission meeting; and
WHEREAS, said Commission, after due inspect(on, Irnestigation and study made by ftself
and in its behaif, and after due cons(deratlon of aI! evidence and repores offered at said hear(ng, doas Nnd
and determine the fdlovNing facts:
1. That the proposed use is properlY one for wh~h a condftional use Permit is suthorized by
Anaheim Municipal Code Sectlon 18.110.090.050.0520 to permit a servlce stetion with an accessory
cornenlence market, wi:h off-premfses sale and co^s~mFtion of bee~ and wine, and wfth the fdlowing
walvers:
(a) ,$9ct~ons 16.04.O6Q~Q]~ - M~nimt~m n ~mber ~f trees.
18.41.063.040 1 r required on 20-foot centers along street
18 87.030.0'72 froMageR, 9 tr s on averaae ?9-foot ceM~ proposed
and 18.110.090 along La Palma and Tustin Avenues;
15 trees requireci ^^ ?0-foot cer~ters along interior
property Iines, 15 trees proposed wfth two trees located
approximateiy 120 feet on-ceMerl
R ~lr J--•`°^k °a'°^°"t t^ iMartor erooertv Iines.
~b~ ~~~~ ~mf~nimum 10 feet requfred; ,n~ne to b feet proposed)
r~i 18•~QO~.U~, ~
(c) Section 18110 090169.1~,2~1 - Ma~cimum sian size.
(one do~bie-faced 40 sa.ft. monument sign permitted
along La Palma Avenue in Developmerrt Area 4'Transft
~e qr~a' o~ we Northeast Area SpeciHc Plan [Sp 94-1];
one three-sided 49 sa.ft monumorrt sign (xo~oosed)
2. TFvet waNer (a) is hereby granted, In part, requlring that at least 73 trees be plaMed along
street ftordages (as required by Code) but permittln9 said trees to be clustered at the comers of the site
(instead of on 20-foot centers as required by Code) on the basis thet there are specfa~ circumstan~r
appiicable to the proparty consisting of fts size, locatlon and surroundings, Yvh(ch do not aPpIY
fdenttcally zoned propeRyes ire the v~iniry, becaus~s subJect properly is impacted by a large ded~atlon
requiremerK for future right-a~-waY vvh~h reduc~s the size of th~ property;
CR2701 MS.wp -1- PC96-70
~3
•~
3. Tl~at wahrer (b) Is herehy granted on the basfs that there are special circumstanc~s
appitcable to ~he properry c~nsisti~y of its size~ location and surra~ndtngs~ wh(ch do not apply to other
ideritk~lly zoned properttas In the vkinity, bec:ause subject proPeAY is impacted by a large dedication
requirement for future ripM-of way~ wh~h reduces the size d the property, and placing the servke staUon
bupding at the northwsst comer of the (xoPertY compitee wKh buAdi~9 setback requtrements from arterial
hlghways and allows for adea~uate parking and vehidg circulat~on; and that the requlske number o# trees
Is pro~sosed along the IMerior s~e boundaries;
4. That waNer (c) is hereby approved, in part, to permit a three-skled sign with each face
rwt exceeding 40 sq.R oc~ the basis that the proposed three-sided monument sign, as approved, wYl
advertise the servke staUon and gas pric~s to traffic M ail directfons~ without requlring any additional price
signs adjacent to the street frontages; erd that the maximum square footage of each face shali not
exceed 40 sq.it, as Qem~ittod by Code and as agreed to st the puW(c hearing;
5. That sWct applkk:at(on of the Zoninfl Code deprives the property of PrivNe9es enjoyed by
other properties undar ldentk~ll zon(ng dassffication in the viciniry because many of the industrial buqd(ngs
in the immediate nelghborhood were developed prior to the adopUon of SP94-1 when there was no
mtnfmum buiiding setback requirement alonQ interior property Iines; arx3 that the reduced setback wNl not
adversely tmpad the adJacent propeRles~
6. That the proposed use~ as approved, wpl not adversely aifect the adJoinfng land uses and
the gro~wth and developmerd of the area in whfch ft is proposed to be located because sa(d use is
compatlble with the surroureding industrtal and office uses In the immedfate area;
7. That the size and shape of the site for the propased use, as apfxoved~ is ~-tlequate to
allow the fu~l development of tF~e propesed use in a manner not detrimental to the particuiar area nor to
the peace, heafth, safety, and general wetfare because said propeny is large enough to support the service
stat(on and fts accesaory comrenience rnarket without causing any addftional tcafflc burdens to the area,
or impinging the developmeM poteMial of any of the suROUnding propeRies in the area;
8. That th~ traffic generated by the proposed use, as approved, will not impose an undue
burden upon the streets and highwaya designed and improved to carry the trafffc In the area;
9. Ths~t the graMing of the condittanal use perm~, under the condittons Imposed, wpl not be
detrimental to the peace, heatth, safery and generai welfare d the cftizens of the City o# Anaheim; and
10. That no one indtcated thelr presence at said public hea~ing in opposftlon; and that no
coRespondence was raceNed in opposftion to the subject petition.
~I!;;, 'JIA Eh:"ROhh"ENTAL vUAL~ ACT FlNDING: That the Anaheim City Planning
Commiss~.i~~ ha3.r~=:~N9tl`;he propctisal !o permit a service staUon with an accsssory cornenience market,
wRh off-~~,.:::a.* r,ale and )~ns~m.;nn:r~ of be~sr ar~d v~ririt3, and wtth ~vaNers d m~nimum number of trees,
reruire~ a^~t,eck iadjac~lmi ta interior property Iines and maximum sign size on a rectangu~a~ly-shaped
parce! d ia.hd conyistlny~:~t aQproximately 0.54 acre located at the rwrthwest comer of La Palma Avenue
arxi Tustin Aven~ae, ha~ring'atiproximate fronta~ ot 132 feet on tho r-orth stde of La Palma Avenue and
125 feet on the west slde ~f T~~s?!n Avonue, and fu-ther described as 3731 East ta Palma Avenue (Unocal
sArvice statlon); and does herebY apProve the NegaWe Dedaratlon upon flndinq that the dedaratlon
reflects the IrxleperxleM Judgsmerit af the lead agency and that ft has considered the NegatNe Dedaration
together wfth any comm6nts recefvtid during the publ~ review process and further flnding on the basis
d the inittal study and any comments received that there is no substaMial ev6dence that the project wAl
have a signf(fcarrt effect on the errv(ronment.
.2_ PC96-70
~ ~
NOW, THEREFOPE, BE IT RESOLVED that the Anahelm City Planning Commfssion does
here~y 9rar~t subject Petitton for Conditional Use Perm~, upon the fdlowfng cond ni order tohpreserve the
found to be a necessary Prerequisite to the proposed use d the subject PropenY
safety and general welfara of the CfUzens of the Ctry o# Anaheim:
1. That the owner/developer sF~all submft revised buYding elevat(on Plans and canoPY pla~ to the ~
Zoning Divfsion for Planni~ Canmission review and aPProval as a'Reports a~d Recommendatbns'
5.
item. t
2. rnat cr~e ovmer/deveioper sr,ai~ suar~n a revised landscape plan to cr,e zoning ~nds~on ror re~lew a~d
appraval ahoNrfny relocation of the required trees adjacent to the straet ftontages outside the ultimate 6.
rights.of vvay. Sald plan shall aiso shc~w a minlmum three (3) foot h{gh berm adJace~t to ths sU'eet
irorrtages.
3. ~~~9~ ~~~~ ~ and I the wall sig~shoMm on suMnftted and ap(xoved exhibfts. m No 7.
addftionel signs shall be pem~itted wfthout prior Publ~ review and approval.
q, That subJect business sheil corrtinuously adhere to the fdlow(ng conditbns~ es requlred by the Pdice
DepaRment: 8.
a. The sales o# alcoholk beverages shall be pem-itted only between the hours of 8:00 a.m. and
2:00 am.
b. The gross sales d aicoholic beverages shall not exceed thirty flve perce~t (3596) of the gross
sales d all retaN sales du~ing any twelve (12) month perlod. Tho aPP~~arrt shall mair~taln
records on a quarteriy bssis showing the separate amouMs of sales d elcoholtc beverages and
other ftert-s. These records shall be made avaUable for inspection by any City d Maheim
ofNctal when reque~ted. 9.
c. There shall be no excerior advertts{nq of any kind or type, induding racarded sudb messaees,
promoting or Indicating the avapabllky d alcahdic beverages.
d. No alcoholtc beverages shall be consumed o~ any properry adJacent to 4he Iicensed p~emises
under the contrd d the Iicensee.
e, The parking lot d the premises shall be equlpped with BghUng of sufficient power to Nluminate,
and make easNy discemible~ the appearance and c~nduct af all persons on or about the parktng
lot
f. The IighNng in the parking area of the premises shall be di~ected, posRioned and sh(elded in
such a manner so as not to unreasonably Nluminate the window erea d any ne~rby residences.
g. The applicant shatl be responsible for malrrtafning a Iftter fr9e area adjacent to the premises over
whkh he/she has coMrd.
h. There shall be no paol tebles or cdn-opereted games maintained upon the premises at any
Ume..
i. Na display of beer or wine shall be loe3ted outside the buUd{ng or within flve (5) feet of any
pud~ entrance to the buNding.
j. 'The area of beer or wine dlspiay shall not exceed twenty five percent (2596) of the total display
ar;ea in the buqding.
,3. PC96-70
v ~
k The sale of alcohdic beverages shall be made to cusiomers only when the customer Is inside
the buYding.
I. No person under tweMy one (21) years d age ahall sell or be permitted to seli any beer or
wine, In accordance wnh the Maheim Mun~ipal Code.
5. That during business hours d subJect taciiry~ sePara~e an~d ,maiMai ~ 8aid fa~ ~ sttiall be
avaYable ta the publ~, and shall be prope~lY PP~
speciflc;ally shown on the plans submitted for bu~ding permfts.
6. That any publ~ telephones proposod on~site aF~I~ be ~ocated inside the cornenience market or
adJacc~MM to the buNdk~g wa~l arxl located no furth~+~ then fiFteen (15) feet from the main eMry to the
c:orn~enience markeR.
7. Thet the developer shall submft a water quality mansyemer~t ptan (WaMF) specific~l~y {de~tifyln9 the
best managemerx Practfces that wk be used on site to contrd Rredk~eble pollutaMs frcro stom~+ater
runol~. The W~MP shall be subr~ttted to ths PubUc Works Engineering Departmont, Development
Servk:es Divtsbn~ for review and approval.
e. That the most southerly drivewaY approach on Tustin Avenue shall be removed and reptaced with
curb. 9utter and stdewalk In aonfom~ance with Public Works Standards. A~Mrvices DivisionN~The
permR shall be obtalned from the Pubi~ Works Departmerd, Development
~~tn~ction shal~ be completed p~tor to flnal bupding arxi zoning (nspections•
Further, the exiscing driveway approechea on le Palma Avenue sha~l be removed and replaced wfth
curb, 9utter and sidewalk. The new drivew~y approaches shall conform v+fth Public Works Standard
No. 137.
9. That subjoct propeRY shell ba developed substantialty in accotdance with plans Pnd speciflc:ations
su-~mltted to the Gty of Anahelm bY the Pethlo~e+' ~d ~~ aens are on file with the Plar.ninp
Depe,Kment merked Exhibit Nos. t through 6.
10. That prior to issuance of a b~qding permft w ~.:'~hin a period of one (t) year hom the date of this
resolution, wh~hever occurs flrst, Condftlon N~s. 1, 2, 5, 7 and 13, herein-merttfoned, shall be
compiled with. Extensions for further tlme to complete said condftlo~s may be graMed in accordance
,~ ~tlon ~g,p9,pgp af the Anahelm Munkipal Code.
11. That prior to flnal buGdfng and zon(ng Inspoctlons, Co~dftlon hlos. 3, 6, 8 and 9, above-meMioned,
shail b~ compiled wkh.
1'~- r-~t aPPtarvel6P ~,~ BPP~~catlo~ constftutes approval o( the ProPo~ ~eQ~ ~Y to the exteM that
K~.c~'pYlAa wiRh &~e An~fieim Municipal Zoning Code and any other applkx~ble City, State and Federal
re~;~aatk~s• A#~p~~ d~es not indude any action or flndinfls as to compllance or approval d the
~~eQlN~ 7B4a~+din~ a~+y b~Ydr e~plk~We ordinance, regulatlon or requiremen~
r~.. Th9i 16~g ~qul~ ~ineen (13) crees may be dustered on the comers d the property, es Proposed
h~l Ur,e petit(o~et.
,.4. '~it t~eac stv~H be sold fn quarrtkies d a abc (6) pack or rtwre.
t~. ~rt~at wine coders sheH be sold in quarrtities d a four (d) peck or more.
~ PC96-70
~
BE IT FURTHER RESOLVED tiiat the Anaheim City Planning Commission does hereuy ftnd
and detertnine that a~option of this Resolut(on Is ex~esslY Pred(c~ted upon appliCaM's compilance with
each and aN af the conditions herekiabove set forth. Shot~ld arry such conditlon, or any part thereo#~ be
dedared imrelid or unenfo~ceable by the flnal judgment d arry ~uR d c~mpeterK Jurfad~tion, ther~ this
Resdutfon, and arry approvels herein cornakred, shall be deecned nul! and void.
1'HE FOREGOING RESOLUTION was adopt the Planning Commission meeting Qf
J~ly 22~ 1996. n
~~ ~-e/
Cl1AIRMAN ANAHFIM PLANNING COMMISSION
ATTE /1
~
70
SECRETARY, EIM GTY PLANNING COMMISSION
STATE OF CALJFORNIA )
COUMY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Nlargarita Sdorb, Secretary d the Anahelm City Planninfl Commission, do hereby cercify
that the foreguing resolutfo~ was pasaed acid adopted at a meeting d the Anaheim Gty Plenning
Commtssbn held on July 22, 1996, by the idlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTGL, HENNINGER, MESSE, PERAZJI
NOES: COMMISSIONERS: NONE
ABSENT: COluIMISSIONERS: MIl1'EF~
!N WITPlESS WHEREOF, I have hereunto set my hand thls ~~ day d~,
1996.
,
SECRETARY, EIM GTY PLANNING COMMISSION
~. PC96-70