Resolution-PC 97-49~ ~
RESOLUTION NO. PC97~9
A RESOLUTION OF THE ANAHEIM CITY PLANNIiJG COMMISSIaN
THAT PETITIOtv FOR CONDITIONAL USE PERMIT NO. 3922 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Co S~~ted in h e City of Anahem PCou~Myfof
Conditional Use Permk No. 3922 for certain real property
Orange, State of Calffomia, described as:
PARCELS 1, 2 AND 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
~TATE OF CALIFORNIA, TOGETHER W1TH THOSE PARCELS OF IAND
DESCRIBED AS RESIDUAL, AS SHOWN ON A MAP FILED IN BOOK 110,
PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDEH OF SAID COUNTY.
WHERE4S, the Ciry Planning Commission did hdd a public hearing at the CNic Center
in the City of Anaheim on April 28, 1997 at 1:30 p.m., notice of said public hearing having been duly gNen
as reyuired by law and in accordance with the provisions of the Anaheim Municipal ~ode, Chapter 18.03,
to hear and corssider evidence for and against said proposed conditiflnal use permit and to (rnestigate and
make flndings and recommendations in connection therewith; and
WHEREAS, said Commission, ai4er due inspection, investigation and study made by itself
and in fts behalf, and after due consideration of ail evkience arxf reports offered at said hearing, dces flnd
and determine the following facts:
~, That the proposed use is pro~erly one for which a condftional use permft ~s
au[horized by Anaheim Municipal Code Sections 18.44•050•070, 18.44.050.195 and 18.87.023.020 to permit
a 2,344 sq.ft. service station wfth an accessory convenie~ce market wfth retail sales of beer and wine for
off-premises consumption and wfth waivers of the following:
~a~ Y*i,~c 16.05.093.0231 - Minimum d(stance between sians.
and 18.44.067
(b) Section 18.87.030.072 - Minimum reauired landscaaina adiacent to interior
oroaerN Iines.
(Required: 11 trees on 20-foot centers adjacerrt to each
interior property Une [total 33 trees];
Proposed: 7 trees (not on 20-foot centersl adjacent to
the north property line and 11 trbes fnot on 20-foot
cente adjacent to the south property 11ne)
2. That waNer (a) is hereby denied on the basis that ft was deleted following public
notiflcation;
3, That waiver (bj is hereby approved on the basis that there are specia~
circumstances applicable to the propert;. consisting of its location and suROUndings, which do noe apply
to other Wentically zoned properties in the vicinity; and that, although the required number of trees will be
provided along the south properry line, the trees will not be on 20-foot centers as required by Code
because inte~ior vehicular access is being provided between subject property and the adJaceM propertEes
to the north arxl south (to improve off-street circulation) thereby restricting the length of the planter areas
and requfring dustering of the trees to meet Code requirements;
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4. That st~ict application of the Zoning Code deprives the property of prNileges enJoyed by
other propertles under identfcal zoning classffication in the vic(niry;
5, That the proposed uses are prope~ly ones for whfch a conditional use permft is authorized
by the Zoning Code;
6. That the proposed use wfil not adversely affect the adjoining iand uses and the growth and
deveiopment of the area in which it is proposed to be located because a service station with an accessory
corivenience market, as conditioned, is compatible wfth the surrounding neighborhood;
7, That the stze and shape of the sfte for the proposed use is adequate to allow the full
development of the proposed use in a manner not det~imental to the particul~r area nor to the peace,
health, safery and general welfare because subject property is large en~ugh to suppoR the requested use
without adversely affecting neighboring properties;
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the submitted traffic
Boule a d and thatadequate i culaton i provided bytallowinlg reciprUOCaI ac ess fromU his propdrty to
parcels abutting the north and south property Unes;
g. That the granting of the condftional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safery and general welfare of the citizens of the City of Anaheim; and
10. That 2 people indicated their presence at said public hearing in opposition; and that no
conespondence was received in opposftion to the subJect petition.
ALIFORNIA ENVIRONMENTAL ~UAUTY ACT FINDING: That the Anaheim Ciry Planning
Commission has reviewed the proposal to permft a 2,944 sq.ft. service station wfth an accessory
convenience market with retail salos of beer and wine for off-premises consumption and wfth waNers of
m(nimum distance between signs and m(nimum landscaping adJaceM to interior propercy lines on a one
acre rectangularly-shaped property having a frontage of 215 feet on the east side of Harbor Boulevard and
a maximum dapth of 220 feet, and located 240 feet north of the ceMerline of Romneya Drive (1244 North
Harbor Boulevard); arxi does hereby approve the NegatNe Dedaration upon Hnding that the declaratfon
reflects the independent judgement of the lead agency and that ft has consi~ered the NegatNe Declarat(on
o~g he enitial study and anytcommen s aeceNed that therees no s bstant ~evidence that he pr Ject w(il
have a signiflcant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
dces hereby grant subJect Petft(on for Condftional Use Permft, in part, upon the fdlowi~Q cor,ditin'orderi to
are hereby found to i~e a necessary prerequ(site to 9he proposed use of the subJect property
preserve the safety and general welfare of the Cftizens of the City of Anahe(m:
1. That a flnal parcol map shall be recorded to create the development sfte shown on the approved site
plan (Exhibit No. 1). The legat p~~ a ~~~~e wfth anyMCOndftions of pproval, ahBnal map
Div(sfon. After tentatNo map app
shall be submitted to the Development Services Division, Pubiic Works De R~~?~er'srOffice and
approval by the Ciry Engineer p~for to recordation with the Orange County
2. That no roof mounted equfpment shall be permitted unless fully screened from view from all public
developer shall indude detail~ed equipmentscreenVin9 ir~formatfon~on the plan~s submittred for building
permits.
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3. Thai any requests for addftional signage, except for the signs speciflcally idenYrfied on Exhibft Nos.
1 through 5, shall be ~ubmitted to the Zoning DNision for review and approval by the Plann(ng
Commission as a'Reports and Recommendations' item. No advertising si~ns other than those
approved by the Plannfng C~mmission shall be canstructed or piaced on subject property.
4. That a plan sheet for solid waste storage and cdlaction and a plan for recycling shall be submftted
to the Public Works Department, Streets and Sanftation Division, for review and approv2l.
5. That an on-sfte trash truck tun-around area shall be provkled and maintained to the satfsfaction of
the Publ(c Works Department, Streets and Sanitation Division. Said tum-a~ound area shall be
spec~ically shown on plans submitted for building permfts.
6. That the legal owner of subJect properry shall record an unsubordinated covenarrt granttng an access
easement to the legal propercy owner(s) immediately na:~:': ar~d south of subJect property for ingress
arxl egress purposes. Said easement shall be designed in a manner satisfacEory to the Ciry Traffic
and Transportation Manager anci sald covenant shall be in a form satisfactory to the City Attomey.
The approved covenani shal~ then be recorded with the Office of the Orange County Recorder. A
copy of the recorded covenant shatl be submitted to the Zonfng Division.
7. That plans shall be submitted to the City Tr "~nd Transpurtation Manager for review and approval
showing conformance with the latest revi~ .~_of Engineering Standard Plan Nos. 436 and 602
pertaining t~ parking standards and drNeway l:,cations. SubJect property shall thereupon be
developed and maintained in conformance with sakl plans.
8. That 311 drNeways shall be constructed wfth ten (10) fioot radius curb retums as required by the Cicy
Engineer in co~ormance wfth Engineering Standard No. 137.
9. That plans shall be submitted to the Ciry Traffic and Transportation Manager for review and approval
showing contormance with the Engineering Standard No. 137 pertaining to sight distanca visibilfry for
the location of the freestandfng sign.
10. That the developer shall submft a water quality management plan (WQMP) specfficaliy identify(ng the
best management practices that wiil be used on sfte to contrd predictable pollutants ftom stormwater
runoff. The WoMP shall be submitied to the Pubilc Works Engineering Department, Development
Services Div(sion, for review and approval.
11. That the developer shall pay the sewer capacity mftigation fee for the "Old Town/Basin S' study area.
12. That this conditionat use permit is granted subject to Ciry Councf~ adoption of an ordinance rezon(ng
the errtire subject property CL (Commercial, Llmited). The property owner shall submfi a petition for
reclassffication to rezone the portion of subject property currently zoned CG (Commercial, General),
in accordance wfth procedures set forth in Chapter 18.03 (Zoning Procedures - Amendments,
Conditional Use Permfts and Variances) of the Anaheim Municipal Code.
13. That the petit(~ner shail neither franchise r~or othervvise operate the 'prepared food` serv(ce in the
convenience n~arket as a separate business errttty. A conditional use pem'~it shall be required ff any
changes are made to operational characteristics of the food sorvice, which operations are different
from what was described in the petit(on application, the Staff Report to the Planning Cammission
dated Apnl 28, 1997, the testimony during the pubUc hea~ing, or shc~nm on tna approved Exhibfts.
14. That during business hours of subJc~ct faciliry, separate men's and women's restrooms shall be
available to the public, and shafl be properly supplied and maintained. Said facilities shall be
spacifically shown on the plans submitted for build(ng permits.
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15. That, in conformance wfth Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreemont shall be fecorded with the Office of the Orange
Co~rty Recorder agreeing to remove the service station structures (including the underground tanks)
in the eveM that the station is closed for a period of t~+ael~e ~12) ~°~sec~~e months. A service
A copy of therecorded gr~ee e a s~9 ~ bmitted to ~the Zoni g Division. t~n frfteen (15) days.
16. That window signs shall not be permitted for efther the service station or the cornenience market.
17. That no video, electronic or other amusement devices or games shall be permtttod anywhere on the
propercy.
18, That no alcoholic beverages shall be consumed on the premises.
19. That tho parking lot serving the premises shall be equlPPed ~^'nh ~~9hting of sufficient power to
illuminate, and make easily discemible, the appaa~~n~ a~ shielded in suc~h amannar so ~ not to
parking lot. Said Iighting .,ha11 be directed, pos
unreasonablY iiluminate the window areas of nearby residences and shall be sasp~:'rfied on plans
submftted for building permfts•
20. That there shall be no coin-operated telephones maintained on the property, which telephones are
located oucsfde the building and wfthin the contrd of the applicant.
21. That the applicam shall be responsible for maintaining the premises free of Iitter at all times.
22. That no propane tank(s) shal! be permitted on subject property.
23. That all landscaped areas shall be pianted, irrigated and maintained, in conformance with approved
Exhibit No. 5, except as otherwise conditioned herein.
24. That the ownar of subJect properry shall be responsible for the removal of any on-site grafffti within
twenty four (24) hours of fts applfcation.
25. That any tree or other landscaPin9 planted on-sfte shall be replaced in a timely manner in the event
that it is removed, damaged~ diseased and/or dead.
26. That a three (3) foot high landscaped earthon berm shall be installed adjacent to Harbor Boulevard,
as shown on approved Exhibit No. 5; and tha ~ mf~m c~~( s~~ ~ p o~~ ~alo~9 tt e north
required trees planted on maximum twenty ()
properry line• This iniormation shall be specffically shown on the plans submitted for building permfts•
27. 7hat the legal property owner shall submit a letter requesting terminatlon o4 Condftiunal Use Permit
No. 571 (to estaWish a motel with later addition of restaurant-bar facilities) to the Zoning DNisior~.
28. That the exact widt~h he o~rthtishall be su ject t~ he revieuv and pproval bof he Ctty Tmraffic and
adjacent property
Transportation Manager.
29. That the owner/developer shall submit revised exter(or buflding elevation plans and canopy plans
showing 'Mission Style' architecture, similar to the plans approved for the 14RC0 service station at
the southwest comer of State College Bouievard and Kateila Avenue (Condftianal Use Permit No.
3836), to the Zoning DNision for review and approval by the Planning Commission as a'Reports and
Recommecxiations" item.
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30. That subject property shall be developed substantially in accordance with plans and spec~ications
submitted to the Cfry of Anaheim by the petftioner and which plans are on flle wfth the Planning
Department marked Exhibft Nos. 1 through 5; except as otherwise conditioned herein.
31. That prior to issuance of a building permit or within a period of one (1) year ftom the date of this
resolution, whichever occurs ftrst, Condftion Nos. 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 19, 26, 27, 28,
29, 34, 35 and 37, herein-mentioned, shall be complied wfth. Extensions for further time to complete
safd conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
32. That prior to final buildfng and zoning inspections, Condition Nos. 8, 23, 30 and 36, herein-mentloned,
shall be complied wfth.
33. That approval of this application constftutes approval of the proposed request only to the extent that
ft complies wfth the Anaheim Municipal Zoning Code and any other appUcable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approvat of the
request regarding any other appUcable ordinance, regulation or requirement.
34. That the underground gasdine storage tanks shall be located on the south slde of the pump island.
This information shall be specffica~ly shown on the plans submitted for building permfts.
35. That the trash enclosure shall be locatec! at the northeast comer of the property outside the
landscaped planter area. This information shall be specifically shown on the plans submitted for
building permfts.
36. That the existing chainlink fence on the east and south properry Iines shall be removed and any
proposed replscement fence shall be wrought iron.
37. That additional iandscape planters shall be constructed, planted, irrigated and maintained adjacent
to the north, south and west building elevations. This information shall be specifically shown on the
plans submitted for building permits.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commissfon does hereby find
and determine that adoption of this Resolution (s expressly pred(cated upon applicant's compUance wfth
each and all of the condftions herelnabove set forth. Shou(d any such condition, or any part thereof, 5e
declared (nvalid or unenForceable by the final Judgment of any court of competent jurisdiction, then thls
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FORFGOING RESOLUTION was adopt at the Planning Commission meetfng of
April 28, 1997.
CHAIRPERSON ANAHEI CITY PLANNING COMMISSIO~
ATTEST: ~.~~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anahefm City Planning Commission, do hereby certify
that the forego(ng resol~tion was passed and adopted at a meeting of the Anahelm City Flanning
Commission held on April 28, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTVUICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, i have hereunto set my :iand this ~ day of ~~~~
1997. ..
SECRETARY, NAHEIM CITY PLANNING COMMISSION
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