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Resolution-PC 98-150RESOLUTlON ~O. PC98-150 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION 'fHAT PETITION FOR CONDITIONAL USE PERMIT NO. 4062 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH 2O3.00 FEET OF THE WEST 207.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER UF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE(S) 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID LAND IS ALSO SHOWN AS PARCEL 1 ON A MAF' kECORDED IN BOOK 10, PAGE 44 OF PARCEL MAPS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 28, 1998 at 1:30 p.m., notice of said public hearing having been duiy 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, invesCsgation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properiy one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.48.020.050.0505, 18.48.070.050.0511 and 18.48.070.050.0521 to remodel an existing iegal nonconforminc~ convenience market with gasoline sales and off-premises sale of beer and wine, including repiacement of underground tanks and fuel pumps, and construction of a new pump island canopy, new building facade treatments and new signage; and to retain two fast food lease spaces located inside the convenience market, with waivers of: I,A) Sections 1$.06.050.020.0225 - Minimum number of oarkinq spaces. 18.06.050.020.0234 (32 required; 22 proposed) and 18.48.110.120 (B) Section 18.48.130.060.0601(dl - Permitted wall sians. 1. That the parking waiver (A), under the conditions imposed, wili not cause fewer off-street parking spaces to be provided for such uss than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 2. That the parking waiver, under ihe conditions imposed, will not increase the dema~cJ ~r.d competition for parki•~~ spaces upan the public streets in the immediate vicinity of the proposed use. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the fmmediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code) because the minimum 22 parking spaces which will be provided on-site (based on information contained in the Parking Demand Study prepared by Associated Transportation Engineers and dated August 8, 1998) are adequate to accommodate the existing convenience market with gasoline .~alas, on-premises sale of beer and wine and the pronosed fast food CR3438PK.DOC -1- PC98-150 uses under normal and reasonable foreseeable conditions of operation. 4. That the parking waiver, under the canditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 5. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to ar egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the amount of parking which is needed for the uses (as indicated by the Parking Demand Study) will be accommodated by the number of parking spaces provided on-site. 6. That waiver (B), permitted wa„ ~igns, is hereby denied on the basis that there are no special circumstances applicabl~ to the property, such as size, shspe, :opography, location or surrounding, which deprive the property of privileges commonly enjoyed by other properties in the same vicinity and zone; and that approval of additional wall signs would have the effect of granting a special privilege not shared by other similar properties. 7. That the convenience market with gasolir.e sales and on-premises saie of beer and wine was established and constructed prior to adoption of the Anaheim Resort Specific Plan No. 92-2 and is, therefore, considered a Iegal nonconforming use; that Code provides for the modification or expansion of a legal nonconforming use subject to approval of a conditional use permit provided that such modification or expansion will bring the use or building into greater conformity with the intent of the Specific Plan; and that the proposed improvements to the building and the retention of rivo fast food tenant lease spaces constitutes a modification and/or expansion of the legal nonconforming use. 8. That the proposed use will not adversely affect the adjoining I~,nd uses and the growth and deveiopment of th,~ area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adE~quate to allow the full deveiopment of the proposal in a manner not detrimental to the particular area no~ to the peace, health, safety and general welfare. 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and hi~hways designed and improved to carry the traffic in the area. 11. That granting of this conditional use permit, under ~he conditions imposed, will not be detrimental !o the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to this petition. CALIFORNIA ENVIRO~dMENTAI. QUA~ITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby determine that the previously-certified Environmental Impact Report No. 313 is adequate to serve as the required environmental documeritation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cornmission does hereby grant subject Petition for Conditional Use Permit, in pa~t, upon the following conditior.s which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order ta preserve the safety and general welfare of the Citizens of the City oF Anaheirr: 1. That the property owneddeveloper shall be responsible for comply~ng with ail mitigation measures within the assigned ti~ne frames and any direct costs associated with the Mitigation Monitoring Plan No. 012 as established by the City of Anaheim and as required by Seclion 21081.6 of the Public Resources Code io ensure implemFntation ~f those identified mitigation measures. 2. That granting of the parking wafver shall be deemed contingent upor operation of the use in conformance wi!h the assumptions relating to the operation and intensity of the use as contained CR3438PK.DOC -2- PC98-150 in the Parking Demand Study prepared by Associated Transportation Engineers and dated August 8, 1.998, and on file in the Planning Department. Exceeding, violating, intensifying or othenr~ise deviatin4a from any of saici assumptions as contained in said Parking Demand Study shall be deemed a violation af the express conditions imposed upon the granting of this variance which shall s~bject said variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18,03.h92 of the Anaheim Wlunicipal Code. 3. That within one (1) month f~om the date of this resolution, all nonconforming window signage, inc!uding, but not limited to painted, paper, neon, or other signage which is placed on er in the winc~aw, shal~ be removed. 4. i hat prior to t7~ insEailation of landscaping, an alternative to the Coral Tree shall be submitted to ine F?!ar..~i,~g Jepartment for review and approval. Said replacement tree shall ke a species that is a~mpatible with the streetscape landscaping and suitable for the pianter area in which the trees W'tll be pfun[?d. 5. That the Canary Island Pine trees shall bo twenty four (24) inch box trees or larger in siza at the time of planting. 6. Tf~at root and sidewalk oarriers sha~l be provided for trees that are planted within seven (7) feet of public sidewalks. 7. That any tree or other landscape materiai shall be repiaced in a timely manner in the event that such plant materials are remo~~ed, damaged, diseased or dead. 8. That a licensed arborist shall be responsible for all tree trirnrr~ing. 9. That prior to final building and/or zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have beert installed in accordance with the approved landscaping and irrigation plans. 10. That the pruperly owneddeveioper shall be responsible for the removai of any on-site graffiti within twenty four (24) hours of its application. 11. That trash storage areas shall be provided and maintained in location(s) acceptable to the Pubiic Works Department and in accordance with approved plans on file with said Department. 12. That a plan sheet for solid waste storage and collectior~, and a plan for recyciing shall be submitted to the Public Works De~artment tor review and approval. 13, That an on-site trash truck turnaround area shall be provided to the satisfaction of the Publ(c Works Department. 14. That the property owneddeveloper shall be responsible for maintaining the premises free of litter at all times. 15. That all trash generated by the convenience market and fast food uses shall be properly contained in trash bins contained within the approved trash enclosure. The number of bins shail be adeQuate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall de!ermine the need far additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 16. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitfed outside the building at any time, with the exception of the dispensing of motor fueis. CR3438PK.DOC -3- PC9$-150 17. That the hours of operation for the fast food uses shall be limited to 8:00 A.~e. to 12:00 A.A4., daily. 18. That all public telephones located on the property shall be located inside ttse convenience market. 19. That in the event it becomes necessary to relocate any existing power facilities or street lights, said relocation costs shall be at the property owner/developer's sole expense. 20. That the property owner/developer shall obtain all of the necessary permits from the Building Division for interior and exterior !nodifications and/or tenant improvements associated with this development proposal; and th:.t the property ownerideveloper shall obtain all of the necessary and required inspections to the satisfa~tion of the Planning Department. 21. That in conformance with the Anaheim Municipal Code pertaining to removal of closed service stations, an unsubordinated agreement shall be recorded with the Office of the Orange County Record,~r agreeing to remove the service station structures in the event that the service station is ciosed fo~ 2 period of twslve (12) consecutive months. A servlce stalion shall be considered closed duriny any month +ri whir,h it is operi for less than fikeen (15) days. A copy of lhe recorded agreement shall be subrr(tted to the Zoning Division within sixty (60) days from the date oP this resolution. 22. That subject propert~r :~;hall be developed substantially in accordance with plans and specifications submitted by the peiiEiuner and which plans are on file with the Planning Departmant marked Exhibit Nos. 1 through 10; provided, however, that wall signage shall compiy with the applicable Zoning Code standards. 23. That approval of this appiication constitutes approval of the proposed request only to the ex:ent that it compiies w~~!- fhe Anaheim Municipal Zoniny Code and any other applicable City, State and Federal rec~ulat(ons. Approval does not include any action or findi~;gs as to compiiance or approval of the request regarding any other applicable ordinance, regulation or requirement. 24. That within forty five (45) days from commencement of construction activities to replace the underground tanks and/or to remodel the pump island canopy or building, or prior to final building and zoning inspections, whichever occurs first, lhe existing nonconforming pole sign shall be removed and/or replar,ed with a new Anaheim Resort m~nument sign. BE IT FURTHER RESOLVED that the project authorized by this conditional use permit shall commence within one (1) year from the date of this resolution, in accordance ~vith Section 18.03.090.020 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this resolution is ey~ressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should ny such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any Court of competent jurisdict(on, then this Resolution, and any approvals herein contained, shal be deem dnu~l and void. THE FOREGOING RESC~~~,Ff~]J as adopte at the Planning Commission meeting of September 28, 1998. ~ ~ (,~ ~ / A'ITEST: (l~l.~.t~a 2.~.~~wi~6-~ SEC~ETr~RY, AN,~IEIM CITY PLANNING COMMISSiON CR3438PK.DOC -4- PC98-150 STA7E QF CALIFORNI,'~ ~ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Mar~arita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed a~d adopted at a meeting of the Maheim City Planning Commission held on September 28, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, NOES: COM~:4ISSIONERS: NONE ABSENT:COMMISSIONERS: WILLIAMS Q ~-~'~'~~~~ ~IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~~;~L`.c+u'u ~ 1998. ~~~ ~o~ SECRETARY,f~NAHEIM CITY PLANNING COMMISSION CR3438PK.DOC -5- PC98-150