Resolution-PC 97-22~~.
RESALUTION NO PC97-22
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A FESOLUTION OF THE ANAHEIM CI'TY PLANNING COMMISSION
THAT PETITlON FQR CONDI7IQNAL USE PERMIT N0. 3909 BE GRANTED, IN PART
WHEREAS, the Anahefm City Planning 'Comd-i~ssion did recefve a verified F'etition for
CondiYional Use Permit for certal~ real propercy sftuated in the City of Anaheim, County of Orange, State
of Catfiomia, described as:
THE NORTH 2O3.00 FEET OF THE EAST 203.00 FEE7 OF TFfiE NORTH HALF ~F
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNStiiP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN Ji1AN CAJON
DE SANTA ANA, CITY GF ANAHEIM, COUNTY OF ORANGE, STATE OF
MASCELLAN OUS MAPS, IAN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
SAID IAN~ IS SHOWN AS PARCEL 13 ON A MAP FILED FOR RECOFiD IN
BOOK 21, PAGE 4 OF PARCEL MAPS, iN THE OFPICE OF THE CdUNTY
RECORDER OF SAID COUNTY.
WHERE115, th~ Ciry Plannin~ Commission did hold a puk~ic hear(ng at the Civic Center
in the City of Anaheim on Ma~ch 3, 1997 at 1:3G p.m., rx~tfce of said Public hearing hav~~9 been duly given
as required by la»+ and in accordance with the provisioru of C e~An~ h~ llm~~~~r ~~ ~ to nvestigat 8and
to hear and consider evidence for and against said Proposed
make fndings and recammerxlatto~s In connection therewith; arxl
WHEREAS, sakl Commtssion, after due ins~~on, investigation and study made by itseif
and in fts behaif, and after due consideracion of all evidence and reports offered at saki hearing, does find
and determine the ~dlowing facts:
t. 'That the proposed use is properly ene for which a condft~onal use permlt is authorfzed by
Anaheim Municlpal Code Sections 18.61.050.055 and 18.87•023.020 to permit an automubile seevice statlon
with an accessory corrvenience marlcet ~nduding the retall sate of beer and wine for off-premises
corsumption, and with waivers of tha following:
ry~~ ~ ~m Mn1I`t~~r^~ ;atb°~ck ad_iacent to Ball R~d.
(a) Section 18.61.063.011 -
•It 7 I7R'IC/~9
(p) ~ctions 18.04.J64 - M~~t~ ~ planted atnmaximum of 20 fieet onrceritersines.
1E~.61.063.U30 ~equ(red along west property ~Ine; 2 t. r~@~ Proposed)
and 18. 7. 0. 72
(~) ~QCtfons 18 05 0~~~ - Pe~mm~ ~%~~~on of fr~ ~~O Sian.
~.05.093.0251 (N_g~,igp~ Pe~mmed Wfthin minimum sight distance
~ ~ areas of tlie ultimate ~ights-of-way at street
and 18.61.067 intersections; one 7 5 foot hiah sian proposed)
(d) Section 18.87.02 •.,'~920 (a) - Minimum retail sa~es ar .
2. That walve y(a) and (d), minimum stn~cturai sEStback adJacent t~all ~~ notfficatfo;mum
retail sales area., are her~b denled on tha basis that the were deleted fdlowi pu
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3. 7hat waierer (b), mfnimum larxiscapin9 adjacent to IMertor proper~y lines, is he~eby
approved on the basis that although the building pla~cemeni (cilrectly adJacent to !he west property URe)
~redudes plantfng sbc trees on maximum ?_0-foot centers, the thr ~fcot wide planter area at o~ essthan
Iine can be increased to a four-foot wid to the west is devtelaP'ed `nrith a buiidi~ng ~mmediatelY adJacent to
20 foot centers; and that the properry ~~he Code were strictly enforced
the property iine creating a hardsl'+Ip for developmerrt of this property '
to plant tree~ or~ 20 foat ceroters;
4. That waNer (c), permitted ~ocation of a freestanding sign, Is hereby approved on the basis
that specfa! circumstances apply to the property due to fts location at a critical intersection with signiflcant
right-of-way dedicatfon requirements aloi9~bo~eBof a~come rvica sta'tonepro`perdy: Wa~d tnatrstrict
the size of :he lot to less than the ryp
the p otposal even zhough the u~t matedright-of-way construction maY ~o~ o~cur orkm.ore than five (5) Y~~f
5. T~-at ihere are special eircumstances applicable to the property consisting of its slze,
location and surraundings, which do not apply to other identically zoned prope~ties In the vic(nity;
6. That sirict aPpl~cation of the Zoning Code deprNes the property of prNileges enjoyed by
other propeRi~s undor (d~ntical zoning classNication in the vic(nity;
7, 'hat the proposed use is propo~ly one for which a conditlonal use ~ermit ~s authorized by
the Zoning Code;
8. That the proposed use will not adverselY affect the adjoining land uses and th+e growth and
development of tt~e area in whRch ft is proposod to be focated;
9. That th~e size and shape of the sfte for the proposed use is adequate to allcw the full
development of the proposed ~se in a manner not detrimental to the particular area nor to the peace,
health, sa(ery and general welfare;
10. That the traffic generated by the p~a~ ~ t afficjlln ~he aPea; an urxfue burden upon the
streets and highways designed and improved to caRy
11. That the granting of the condftional use pem-R~ under the condition~ impused, wlll not be
detrimental to the peace, health, saiety and general welfare Af the cftizens of the City ot Anaheim; and
12. That no one indicated their presence at sakl public hoaring in opposit(on; and that no
conespondence was receNed in ~pposftion to the subJect petit(on.
CAUFORNIA ENVIRONMENTAL OUAUN ACT FINaiN : That the Anaha~im City Piannin~
Commissi~n has reviewed the proposal to permft an automobile servlce stati~n and accessory co~~infmum
market with retail sales of beer and wfne for off-premises cansu ~tjback ad acentto in erior property
structural setback ad~acent to Ball Road, (b~ minimum landscaped 1
lines, (c) permitted location of freestanding signs and (d) minfmum retail sales area on a rectangularly
shaped, on property located at the souchwest comer of Ba~l Aoad and State Cdlege F3oulevard having
frontages of t25 feet on each street snd further described as 1207 8outh State Cdloge Boulevard; and
does hereby approvf~ the Negative Declarmtion upon flnd~ng that the dRdaration reflects the independent
Judgement of the le,ad agency and that it has conskiered the Negative Dedaration together wtth any
comments received during the public review process ared further flrdi~g on the basis of the infttal study
and any comments received that there is no substnntial evldence that the project will have a significant
effect on the environmeM.
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MOW, THEREFORE, BE !T RESOLVED that the Anaheim City Planntng Commission does
hereby grant, in part, subject Petiti ~e or ~ e to ttreU oP sed~use oftlhesuGject p PBrtY ~ Worde ato
hereby found to be a nece~ary p eq P~ P°
preserve the safety and general welfare af the Cit!z~~s af if7e Ciry of Anaheim:
1. That plans shall be submftted to the City Traffic and Transportation Manager for his revt~w and
approvai showing cor-formance wfth the current versi~ s~~ hn9reu ~~n be developed ar.d ma~~talne:~i
602 pertaining to parking starxiards. Subject propecty Pa
in conformance wich said pla~s.
2. That new drivevvays shail be consiructed wfth ten (10) f~ot radfus curb retums as required b~ the Ciry
Engineer in cnnformance wfth Engineering Standard No. 13~..
3. T9~at a~ian sheet far solid waste storage and cdlection and a~lan for racycling shall~~lsubmittec!
to the PubNc Works Department, Streets and Sanitailon tlfvi~lon, for revlew ar:d ap~
4. That an on-site trash truck tum-around area shall be provkled and maintained to the s~tlsiactfon of
the Publlc Works Department, Street~ and Sanltatlon Divislon. Sald tum-~rour~ area st~all be
specifically shown on plans submitted for building pgRnits•
5. That any publlc telephones Qropc~sed on sN.e shall be located Inslde the convenience ma~ket.
6. That all setback requlrements shall be measured from th~ uitimate right-of-way Iln~s along Ball Road
and State Cdlege Boulevard.
7. That no wlndow slgnago shall be permitted.
8. That the developer shall submft a water quality management plan (WoMP) speclfically Identifying the
ruenoff. heBW~MP shall t~ersubm ed to henPublic~Works Engln,earng Department Devel pment
Services DN(slon, for review and approvat.
g, That sales of beer and/or wlne shall be permltted unly between the hour~ of 6 a.m. and 10 p.m.
10. That no alcoho8c beverages shall be consumed on the properry.
11. That the parking lot servln{~ 4he premises shali be equipped with lighting of suttFaient power to
tlluminate and make easUy d(scemll~e the appearance and ccmduct of all Qersons on or about the
parking lot. Said Ilghting shall be dlrected, posftioned and Sh;~elded Zn such a manner so as not to
unreasonably illumlr.ate the wlndow areas of nearby buslnesses.
12. That all provislons of Anahalm Munlclp~.a Code Sectl~n 58.87.023.020 pertaining io off-sale of beer
and/or wine in service statlons, as it may be amended fro~n tims to tlme, sli:If be cumplled with•
t3. That the sales of alcohdlc beverages shall not exceed Eorry Percent (40%) ofi the gross sa~es of all
retall sales during any three (3) month period. The appllcant shall maintaln records on a quarturly
basls indicating the separate amounts of sales of ~lcohd(c beverages and other ftems. These records
shall be subJect to aud(t, and made awailable, when requesied by any Crty of Anahelm ~ffic:al during
reasonable busingss hours.
` 14. That there shall be no coln-aperated games mafntalr~e~ uptrn Cr~e preml~os at any tlme.
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15~ b~ad~ g. STha~no beer~or vrine shall be sold o~served via he walk-up window. customer is in the
iS. That no person under twenry one (21) years of age shall seli or be permitted to sell any beer or wine.
~7. That there shall be na audfa (interior or exterior) advertisament of beer arxf/ai' wine sales.
18. That any free planted on-site shall be replaced in a time~y manner in the event xhat ft is rc~moved,
damage.d, diseased and/or dead.
19. That, in corzformance wfth Anaheim Municipai Code Section 18.44.050.070 perta~ning to removal of
closed service stations, an unsubordinated agreement shall be recorded wfth the Offlce of tfi~ Orange
Counry Recorder agreeing to remove the service station structures in the event that ihe statlon is
cfosed for a period of t~+aelve (12) cunsecutive manths. A servfce station shall be ~~f ~ he~recorded
during any month in which ft is open for less th2n fNteen (15) days. A copy
agreeme~ shall be submttted to the Zoning DNislon.
20. That no outdoor storage of, d(splay of, or work on vehides or vehicular paAS shall be parmftted•
21. Tl~a~ no rouf-nounted equipment shall be pennitted~ unless fully screened from vfew from all public
street~, and i~djacent properties.
22. 1"hat the owner oi subJect property shall be se°~pon~{ble for the removal of any on-site graffiti within
tvv~nty iour (24) hours of its appl~cation.
?.3. T't~at signage for subJect faciliry shall [~e Iimited to what is shown on the exhibits submitted by the
petitioner and approved by the Plannin~ Commiss(on. Any addft(onal signage shall be subject to
approval by the Plan~aing Commisslon as a'Reports and Recommendations' item.
24. 'i hat no propane tanks shall be permitted•
25. That no take-out foad sendce (including fountain drink dispersers) shail be permitted without first
providing an additional frve (5) parking spaces on-sfte or obtaining approvaf of a waNer of Code
required parking.
26. That the property owner shall submft a sign relocat(on agreement for the revlew and approval of the
Reai Property Section of the Public Works Department. Said agreement shall spdciFy that when the
Critical Intersection wkJening accurs, the approved freesta~rd~n9 g~9n shall be remo~~ed and replaced
with a sfgn confom-ing with the Anaheim Zoning Code arxf Ciry standards in efiect at that tima, at
the properry owner's expense.
27. That minimum one (1) gallo~ vines or fast growing shn~bs shafl be planted on maximum Me (5) foot
centers adjacent to tha trasti endosure walls to provent graffiti opportunities. .
28. Thai the existing ~lrhreways on Bali Road and State Coll OniBo~unevard~s~~ ~S~i ~~~~~ced
with standard curb, gutter, ~idewaik arxi landscap~~9• Y ()
Ball Road and one (1) drNeway on State College Boulevard located as far as poss~ble from the
intersection.
29, 'Tt~at the hours of the corrvenience market shail not exceed 6 a.m. to 10 p.m., as statec! by the
petitioner.
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30. That a minimum of six (6), minimum fifteen (15) ga.lion size, uees shall be plantrjd in the on-site
planter area adjaceM to B~lI Rrsad and a mfnimum ai six (6)., minimum fifteen (15) gallon size, trees
shall be plantad in the on-sfte planter area adJacart tc St»S:e Cdlege Boulevard.
31. That subject prQpec'iy shali be developed substaMia~~Y ~n accordance wtth plans and specfficatlons
submitted to the Ciry of Anaheim by the petit~xr~ and wchich ~lans are on file with the Planning
Department marked Exhibit Nos. ~ ii e in ~a p~ rr.•u ~ four (4) w(de planter,, ex eptFw ere t e buildfng
be planted alang the west properry
abuts the properry 11ne• :
32. That detailed larxiscape plans shal! be su~mftted to the Zoning DNision of the Planning Department
€or review arxl apprwal by tfie Ar,ahelm City Plannin~ Commission as a"Reports and
Aecommendations' item•
33 That the restroom shalt be ava~able 3t~ tFta public.
34. Ttiat prior to issuance of a build+ng (±ermft or Whhin a period of one (1) year from the date of this
resolution, whichever occurs fir3t, i ondition Nos. 1. 4, 8, 9, 26 and 32, above-mentioned, shall be
compliaci with, Extensions for fU:Kher time to complete sakl corxJfti4ns may be granted in accordance
with Sect(~n 18.03.09b of the Anaheim Municipal Code.
35. That pr3or to .final lsuilding and zoning InspRCtions, Condition Nos. 2, 3, 11, 27 and 3t,
above-mentior.Ad, shall be complied wfth.
3E. That ap~:roval of this ~pp~~~don constftutes approval of the proposed ~ I~~e C nly Stat and Fede I
it aom~lies with the Anaheim Municipal Zoning Code and any other appl ~Y~
regulation~. Approval does not include any acNon or findings as to compifance or approval of the
reque~~~ regarding ~ny other ap~licable ordinance, r~guiation or requ~rement.
B° IT FURTHER RESOLV~D that the Anaheim Ciry Planning Commission does hereby find
and determine that adoption of this Resolution Is expressly predicated upon applicant's compliance wRh
each and all of tho condicions here(nabove set forth. Should any such conciitbn, or any part thereof, be
declared invalid or u~enforceable by the ftnal Judgment ~f any ccurt of competent Jurisdiction, then this
Resolution, and any approvals herein conlained, shall t~e deemed nuli and void.
THE FCREGOING RESOLUTION w+as adopted at the Planning Commission meeting of
March 3, 1997. ~
CHAIRPERSON ANAHEI CITY PLANNING COMNIISSION
ATTEST: ; .~ `
SECREfARY, A HEIM CITY PIANNING COMMIS510N
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STATE OF CAUFORNIA )
COUIJTY OF ORANGE ) ss•
CITY OF ANAHEIM )
I, Margarita Sdo~io, Secretary of the Anaheim Cicy Pl~.~rcfr+9 •.^•omr:'~~ssion, do hereby certify
that the foregoing resolution ~as passed a~d adopted et a meeU~i oF the Ar?aheim City Planning
Commission held on March 3, 1997, by the fdlowing vote of the me~t?'i~ers ~h~re~i:
AYES: COMMISSIOt~ERS: BOSTWICK BOYDSTUN, BR{S7(?t, H~NNINGER, MAYER, MFSF[
NOES: COMMISSIONERS: NONE
A~SENT: COMMISSIONERS: PERAZA
IN WiTNESS WHERE~F, I have hereuMo set my nand this ~~~ day of i~(l~cl~- .
1997.
SECRETAAY, A HEIM CITY PLANNING CAMMISSIOtJ
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