Resolution-PC 97-72~ ~
RESOLUTION NO. PC97-72
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3939 BE GRANTcD
WHEREAS, the Anaheim City Pla~ning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the C'ity of Anaheim, County of Orange, Stata
of California, described as:
LOT 49, OF THE ORIGINAL TOWN OF ANAHEIM, IM THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND
630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF
i.OS ANGELES COUNTY, CALIFORNIA, EXCEPTING THEREFROM
THAT PORTION WITHIN THE FOLLOWING DESCRIBED LAND:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE
WITH THE CENTERLINE OF ANAHEIM BOULEVARD (NEW} AS
SHOWN ON PARCEL MAP NO. 90-224 FILEp IN~?4QK 256, PAGES
3 THROUGH 11 OF PARCEL MAPS, ~!~ "~!^W~ 'JE~lGE OF THE
COUNTY RECORDER OF SAID ORAN~c C0:1v".'', THENCE
SOUTH 75 DEGREES 26' 31" WEST 2~2: ~:± FC~T i:~JNG SAIL~
CENTtRLINE OF BROADWAY; THENC~ S~U-:*:'i~t I~EGREES 33'
25" EAST 21.75 FEET TO THE TRUE POINT dF BEGINNI!VG, SAID
POINT BEING ON THE SOUTHERLY LINE OF SAID BROADWAY,
FORMERLY. BROADWAY STREET, AS DESCRIBED IN 1'HE DEED
TO THE CITY OF ANAHEIM, RECORDED MAY 28, 1907, IN BOOK
149, PAGE 32 OF DEEDS, IN THE OFFICE OF THE COUNTY
REGORDER OF ORANGE COUNTY, THENCE NORTH 75 DEGREES
26' 31" EAST 154.8& FEET ALONG SAID SOUTHERLY LINE TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ANG
SOUTHERLY 39.30 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90 DEGREES 03' 55" TO A LINE PARALLEL
WITH AND WESTERLY 40.00 FEET FROM THE SOUTHERLY
PROLONGATION OF THE CENTERLINE OF ANAHEIM BOULEVARD
(OLD) AS SHOWN ON SAID PARCEL MAP NO. 90-224; THENCE
SOUTH 14 DEGREES 29' 34" EAST 3.40 FEET ALONG SAID
PARALLEL LINE; THENCE NORTH 59 DEGREES 31' 31" WEST
23.22 FEE7 TO A LINE PARALLEL WI7H AND SOUTHERLY 12.00
FEET FROM SAID SOUTHERLY LINE OF BROADWAY; THENCE
SOUTH 75 DEGREES 26' 31" WEST 103.43 FEET ALONG SAID
LAST MENTIONED PARALLEL LiNE TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
85.00 FEET; THENCE WESTERLY 28.08 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 18 DEGREES 55' 29"; THENCE
NORTH 85 DEGREES 38' 00" WEST 12.00 FEET TO TH~
BEGINNING OF A TAhGENT CURVE CONCAVE SOUTHERLY
HAVING A RADIUS OF 65.00 FEET; 7HENCE WESTERLY 21.47
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18
DEGREES 55' 29" TO THE TRUE POINT OF BEGINNING.
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WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center
in the City af Anaheim on June 9, 1997 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation ar.d study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does fin~
and determine the following facts:
1. That !he proposed use is properly one for which a conditional use permit is autharized
by Anaheim Municipal Code Se~ctions 18.44.050.070, 18.44.050.080, 18.44.050.195 and 18.87.023.020
to construct 3,750 sq.ft. service station, inciuding a convenience market with retail sales of beer and wine
for off-prem?ses consumption, a drive-through car wash, and two fast food restaurants;
2. That the proposed use will not adv~arsefy affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
3. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
heafth, safety and general welfare;
4. 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;
5. That the granting of the conditional use permit, under the conditions impo~ad, will not be
detrimen+~'. !o tha peace, heafth, safety and general welfare of the citizens of the City of Anaheim; and
6. That one person spoke in favor of subject proposal at said public hearing; and that
correspondence was received in favor of the subject petition.
CALIFORNIC ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to c~nstruct a 3,750 sq.ft. service station, including a
convenience market with retail sales of beer and wine for off-premises consumption, a drive-through car
wash, and two fast food restaurants on a 0.93-acre irregularly-shaped parcel of land located at the
southwest corner of Broadway and Anaheim Boulevard and having frontages of 175 feet on the south side
of Broadway and 150 feet on the vdest side of Anaheim Boulevard (3a1 South Anaheim Boulevard); and
does herety approve a Niitigated Negative Declaration and adopt the Mitigation Monitoring Program
pursuant to Section 21081.6 of the Pubiic Resources Code on the basis that the declaration reflects the
independent judgement of the lead agency and that the Pianning Commission has considered the proposal
with the Mitigated Negative Declaration and Monitoring Progracn, together with any comments received
during the public review process and further finding, on the basis of the Initial Study, that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFC'RE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which ere hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That final precise plans including, but not necessarily limited to, floor plans, landscape plans, roof-
muunted equipment pians and sign plans shall be submitted to the Redevelopment Commission for
review and approval. Said precise shall then be ~ubmitted to the Planning Commission as a
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"Reports and Recammendations" item for review lass mull ons, stu co! s gns ands oofi g and shafl
color and texture of all exterior surfaces including g
incorporate the foliowing:
(a) Roof, sign and building calors shall be compatible with the colors of other nearby structures.
(b) The proposed roofing shail consist of Spanish tile or another similar type roof, as may be
approved by the Redevelopment and Planning Commissians.
(c) All signs shall be of high quality and if internally lit "can" signs are proposed, such signs shail
consist of individually routed letters similar to those used in the Koll Anaheim Center retail store
froni~. `
(d) The signs en subject property shall be limited to:
() One, maximum eight (8) foot high, monument sign located near the intersection of
Anaheim Boulevard and Sroadway and subject to approval by the City Traffic and
Transportation Managpr for -~ne-of-s~ght considerations. The monument ~ant ~ha ~Qancland
a non-simulated river-rock base and sh~ll be placed in a landscaped p
(i) Tv~e (2) wall si~ns, one (1} facing each street and not exceeding twenty five (25) sq.ft.
each. Such sigt7s shail dispiay onty the name cf the tenants and/or a tenant logo, fuel
pr,cin~ as required bY the State of California, and/or specif~cation of being eoen 24-hours.
(e) Neon tubing arcuntl the roaf shaif not be pFSrn~~~od.
(~ ~`.II cn-site landsca~n~ ~h~:!! be in conformance with, and compatible to, iandscaping in the
Down:cwn Arca.
~9) T•n:.the greatest extent ~rac:ica.,, existing landscaping on the perimeter of the site shall be
retained and shall not be unreasonably pruned.
(h) Trash enclosure walls shal! be screened with Rermanently irrigated plant materiais consisting
of vines and shrubs.
() ~ No advertising signs other than those approved by the Redevelopment and Pl~nning
Commissions shall be conscructed or placed on subject property.
~~ Roof-mounted equipment shall not be visible from ground level and shall, to the greatest extent
practical, be screened from the view of nearby high-rise buildings. All equipment shal! be
painted to match the roof material.
2. That the legal property owner shall submit a lot lins adjustment plat (to merge the three (3) subject
parcels into one (1) parce~ to the Public Works Department, Development Services Division, for
review and approval by the City Engineer. The lot line adjustment shall be recorded prior to
issuance of a building permit.
3. That any exterior vending machine(s) shall not be visible to the public rights-of-way.
4. That during open b~siness hours of this facifity, sePliedt and mainta nedmBSaid fac fties shall be
available to the pubiic, and shall be properly supp~ e~mits.
specifically shown an the plans submitted for builrling p"
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5. That, in conformance with Anaheim Municipsl Code Section 'i 8.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the Orange
County Recorder agreEing t~ remove the service staGon structures (including the underground tanks)
in the event that the service station is closed for a pe~od of twelve (12) consecutive months. A
service station shall be considered alosed during any month in which it is open for less than fifteen
(15) days. A copy of the recorded agreement shal: be submitted to :he Zoning Division.
6. That all provisions of Anaheim Municipal Gode SRCtion 18.87.023.020 pertaining to the retail sale of
beer and wine for off-premises consumption (as it may be amenaed from time to time) shall be
complied with.
7. That the sale of alcoholic beverag~s shall not exceed thirty five percent (35°kj of the gross sales af
all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis showing the separate amounts of sales of alcoholic beverages and other items. These records
shall be subject to audit, and made available, when tequested by any City of Anaheim official during
reasonable business hours.
8. That no dispiay of beer or wine shall be located outside the building or within five (5) feet of any
public entrance to the buiiding.
9. That thu areas of beer or wine displays shall not exceed t~venty five percent (25%) of the total
dispiay area in the building.
10. That window signage shall not be permitted for the service station or the convenience market. All
fixtures, displays, merchandise and other materials shall be located a minimum of throe (3) feet from
alf window areas.
11. That no advertising of beer or wine shall be located, placed or attached 1o any location outside the
buiiding; and that any such advertising shall not be audible (nterior or exterior).
12. That no video, electronic or othor amusement devices or games shall be permitted anywhere on
subject propert~r.
13. That the sale of alcoholic beverages shall be made to customers cnly when the customer is inside
the building.
14. That no person under twenty one (2~) y3ars of age shalF seli or bo permitted to sell any beer as
wine.
15. That no alcoholic beverages shall be consumed on the premises.
16. That the parking lot sening !he premises shail be equipped with lighting of sufficienf power to
illuminate and make easily discernible the appearance and cflnduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shieided in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties, and that said lighting information
shafl be specified on plans submitted for building permits.
17. That beer shall not be sald in packages containing less than a six (6) pack, and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
18. That the applicant shall be responsible for maintaining the premises free of litter at all times.
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19. That no propane tank(s) shall be permitted on-site.
20. 7":~at all iandscaped areas shall be planted, irrigated and permanently maintained, and shall be in
conformance with Exhibit No. 4, except as otherwise canditioned.
21. That the owner of subject pro~erty shali be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its a~pfication.
22. That any trae or other landscaping planted on-site shall be replaced in a tirriely manner in the event
that it is rem~ved, damaged, diseased and/or dead. Trees and shrubbery shall not be unreasonably
trimmed or pruned for purposes of increasing visibility to the property.
23. That any public telephones pr~posed on-site shall be locateci inside the convenience market.
24. That the legal property owner shall submit a letter to the ~oning Division reques6ng termination of
Conditional Use Permit No. 3776 (to permit the construcFion of a drive-through restaurant with an
outdoor patio area), Conditional Use Permit No. 1693 (to permit the continued use of an existing
billboard with waiver of permitted loca6an and maximum he~ght), Conditional Use Permsi P~o. 1541
(to F,ermit the continued use of an existing billboard with waiver of permitted iocation and maximum
height), Conditional Use Permit No. 1479 (to permit the conUnued use of an existing billboard with
waiver of permitted location and maximum iieiflht), and Conditional Use Permit No. 930 (to establish
a carwash in conjunction with an existing service station).
25. That the petitioner ~hall be responsible for c~mpliance with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring
Program No. 99, as established by the City of Anaheim and as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those identified mitigation measures.
26. That prior to commencement of each business operation (service station, convenience market, drive-
through car wash and two fa.,t food restaurants), e valid business license shall be obtained for each
business from the City of Anaheim Business License Divi:ion.
27. That plans shall be submitted to the Ciry Traffic and Transportation i~Aanager for review and apprnval
show'~g conformance with the latest sevisions of Engi^e~ring Standard Plan Nos. 6Q2 and 604
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
28. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
29. That an on-site trash truck turn around a~ea shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Public Vliorks Department, Streets and Sanitation
Division. Said turn around area shall be shown on pians submitted fcr building permits.
30. That the car wash tunnel circulation shall be reviewed and approved by the City Traffic and
Transportation Manager.
31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the
monument sign location.
32. That a plan sheet for solid waste storage and collection and a plan for rocycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
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33. ?hat landscaped planters shall be provided adjacent to the building except where pedestrian access
is provided into the building. Said planters shall be shown on plans submitted for building permits.
34. That fast food sales areas shall be limited to those shown on the approved exhibits.
35. That no areas shall be provided for on-site food consumption.
36. That no flags, banners or pennants used for aclvortising or promotional purposes shall be permitted
to be displayed outside the building with the Rxception of one (1) maximum ten (10) square foo4
banner (mounted on the building) per street frontage, which banners may be displayed ony upon
issuance of a Speaal Event Permit by the Zoning Division.
37. That sale of beer and wine shall be permitted only be:~veen the hours of 8:00 a.m. and 10 p.m.
38. 7hat subject property shali be deveioped substantialy in accordance with pians 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.
39. That prior to issu~nce of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Conditian Nos. 1, 2, 4, 5, 16, 24, 27, 29, 30, 31, 32 and 33,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.09~ of the Anaheim Municipat Code. Further, if
an extension of time is requested for the alcohol sales portion of this request, it shall be ~onsidered
at a noticed public hearing.
40. Tnat prior to final building and zoning inspections, Cnndition Nos. 20, 38 and 41, herein, shall be
complied with.
41. That the proposed most westery drivoway on Broadway shall be removed from the plans and that
the most eastery driveway o~ening may be enlarged.
42. That approval of this application constitutss approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any othpr applicable City, State and
Federal regulaGons. Approvai does not include any action or findings as to compliance or approval
of the request regardinp any other applicable ordinance, regulation or requirement.
BE IT FURTHFR RESOLVED that the Anaheim City Planning Commission doe~ hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compl;ance
with ezch and all of the conditians hereinabove sot forth. Should auy ~,uch condiUon, or any part thereof,
be declared invalid or unenforceable by the final judgment of a~y court of competent jurisdiction, then this
Resolution, and any approvais herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 9, 1997.
L_-~f~' ~~' ~~~-~' -c_ ~t6 ~' -
CHAIRPERSOP~ ANAHEIM CITY PLANNING COMMISSION
ATTEST:
;~ 5~~~
SECRETARY, NAHEIM CITY PLANNING COPAMISSION
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S7ATE OF CALIFORNIA )
COUNTY ('~ ORANGE ) ss.
CITY OF A.~AHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the faregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 9, 1997, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWlCK, BOYDSTUN, BRISTOL, HENNINGER, PERAZA
NOES: COMMlSSIONERS: NONE
ABSTAINED: COMMISSIONERS: MESSE
ABSENT: COWiMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set. my hand this ~~n~day of
QLfA~_, 1997. -
SECRETARY, AN HEIM CITY PLANNING COMMISSION
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