Resolution-PC 99-16RESOLUTION NO. PC99-16
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4080 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain rpal property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORT!O(V OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP OF SURVEY BY Vs/1LLIAM HAMEL, A COPY GF WHICH IS SHOWN IN
BOOK 3 PAGES 162 TO 164 INCLUSIVE OF LOS ANGELES COUNTY MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT
25 WiTH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF
TRACT NO. 2757, AS SHOWN ON A MAP RECORDED IN BOOK 108 PAGES
28 AND 29 OF MISCELLANEOUS MAPS, RE~ORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 74° 28' 11" EAST PARALLEL WITH THE
NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00 FEE7: THENCE
SOUTH 15° 31' 49" EAST 185.16 FEET PARALLcL WITH THE WEST~RLY
LINE UF SAID LOT 25 TO THE SOUTHERLY LINE OF LAND DESCRIBED IN A
DEED TO HERMAN HENRY BRUNS AND WIFE, RECORDED NOVEMBER 18,
1935 IN BOOK 792, PAGE 12, OFFICIAL RECORDS; THENCE SOUTH 74° 28"
11" WEST 320.00 FEET ALONG SAID SOUTHERLY LINE TO THE WESTERLY
LINE OF SAIO LOT 25; THENCE NORTH 15° 31' 49" WEST 185.16 FEET TO
i HE POINT OF BEGINNING.
EXCEP'1" THEREFROM THAT PORTIUN AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDEd ON JUNE 15, 1995 AS INSTRUfv1ENT
NO. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY.
SAID LANE IS INCLUUED WIT'rIIN THE AREA SHC'cVN ON A MAP FILED IN
THE OFFICE OF THE COUNTf RECORDER OF SAID ORANGE COUNTY, IN
BOOK 54 PAGE 22, RECORDS OF SURVEY.
PARCEL2:
THE NORTHERLY 70.00 FEET OF THAT PORTION OF LOT 25 OF ANAHEIM
EXTENSION. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWi~ ON A MAP OF SURVEY BY WILLIAM HAMLET, A
COPY OF WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE ~F
LOS ANGELES COUNTY MAPS, IN THE OFFICE OF TH~ RECORDER OF
ORANGE COUNTI', CALIFORNIA, DESCRlBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 25, SAID
CORNER BEING ALSO THE INTERSECTION OF THE CENTERLINE OF LOS
ANGELES STREET WITH THE SOUTH LINE OF SECTION 15, TOWNSHIP 4
SOUTH RANGE 10 WEST, AS SHOWN ON SAID MAP OF ANAHEIM
EXTENSION: THENCE ALONG THE WESTERLY LINE OF SAID LOT 25
CENTER LINE OF LOS ANGELES STREET) 15° 30' 00" WEST 417.85 FEET
TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO HERMAN HENRY
BRUNS AND EDNA EMMA BRUNS, BY DEED RECORDED NOVEMBER 18,
CR3537PK.DOC -1- PC99-16
1935 IN BOOK 792. PAGE 12 OF OFFICIAL RECORDS: THENCE ALONG
SAID SOUTHERLY LINE NORTH 74° 30' 00" EAST 512.43 FEET; THENCE
SOUTH 0° 03' 00" EAST 539.27 FEET TO THE SOUTHERLY LINE OF SAID
SECTION 15: THENCE SOUTH 89° 57' 00" WEST TOT HE POINT OF
BEGINNING.
EXCEPT THE \NESTERLY 300.00 FEET THEREOF.
SAID LAND IS INCLUDED WITHIN THE AREA SHOVVN ON A MAP FILED IN
BOOK 54, PAGE 22 OF RECORDS OF SURVEY, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL3:
THAT PQRTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF VVHICH IS SHOWN IN
BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY
MAPS" IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON 7HE CENTERLINE OF LOS ANGELES STREET,
NORTH 15° 32' 15" WEST 160.35 FEET FROM ITS INTERSECTION WITH THE
CENTERLINE OF BALL ROAD, SAID CENTER LINES BEING CONSTRUED
TO BE LOT LINES FOR THE PURPOSE OF THIS DESCRIPTION; THENCE
CONTINUING NORTH 15° 32' 15" WEST 257.50 FEET THENCE NORTH 74°
27' 45" EAST 300.00 FEET; THE(VCE PARALLEL WITH SAID LOS ANGELES
STREET, SOUTH 5° 32'15" EAST TOT HE SAID CENTERLINE OF BALL
ROAD; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
SOUTHEASTERLY PROLONGATIC~N OF THE NORTHEA5TERLY LINE OF
THE LAND DESCRIBED IN DEED TO BERTHAN L. PELLAK. ET UX.,
RECORDED JUNE 29, 1956 IN BOOK 3562, PAGE 216, OFFICIAL RECORDS:
THENCE
NORTH 15° 32' 15" WEST 237.40 FEET ALOhG THE SAID NORTHEASTERLY
LINE AND ITS PROLONGATION TOT HE MOST NORTHERLY CORNER OF
THE LAND DESCRIBED IN DEEO TO THE BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION RECORDED DECEMBER 3, 1959-IN
BOOK 4997 PAGE 576, OFFICIAL RECORDS: THENCE SOUTH 74° 27' 45"
WEST 278.86 FEET TOT HE POIDJT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO
7HE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 A5 INSTRUMENT
N0. 95-0254772 OF OFFICIAL RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT
NO. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT THAT PORTION 7HEREOF INCLUDED WITHIN SAID BALL
ROAD 60.00 FEET UVIDE.
ALSO EXCEPT ALL WATER AND UNDER SAID LAND.
-2- PC99-16
SAID LAND IS INCLUDED WITHIN THE AREA SHOVJN ON A MAP FILED IN
THE OFFICE OF THE COUNTY RECORDER O~ SAID ORANGE COUNTY, IN
BOOK 54, PAGE 22, RECORDS OF SURVEY.
PARCEL 4:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP OF SURVEY MADE BY WILLIAM HAMLET AND FILED IN THE ~DFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH IS RECORDED IN BOOK 3, PAGE 163, ET SCQ., ENTITLED
LOS ANGELES COUNTY MAPS, IN THE OFFICF OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 25 (WHICH FOR
THE PURPOSES OF THIS DESCRIPTiON, IS CONSTRUED TO BE THE
CENTERLINE INTERSECTION OF LOS ANGELES STREET (NOW KNOWN
AS ANAHEIM BLVD. AND BALL ROAD); THENCE NORTH 15° 32' 15" WEST
ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 153.86 FEET;
THENCE EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF
SAID LOT 25, A DISTANCE OF 170.00 FEET; THENCE SOUTH 15° 32'15"
EAST ALONG A LINE PRALLEL WITH THE WEST LINE OF SAID LOT 25, A
DISTANCE OF 153.86 FE~T; THENCE WESTERLY ALONG THE SOUTH LINE
OF SAID LOT 25, TO THE TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT POFtTION AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHE~M, RECOF~DED ON JUNE 15, 1995 AS INSTRUMENT
NO. 95-0254772 OF OFFICIAL RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT
NO. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPT i HE SOUTH 30 FEET THEREOF.
PARCEL 5:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP OF SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH IS RECORQED IN BOOK 3, PAGES 163, ET SEQ.
ENTITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ~RANGE COUNTY, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25, SAID
CORNER FOR THE PURPOSE OF THIS DESCRIPTION BEING CONSIDERED
TO BE THE INTERSECTIONS OF THE CENTERLINE OF LUS ANGELES
STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15° 32'15"
WEST, ALONG l"HE CEN'fERLINE OF SAID LOS ANGELES STREET, 16C.35
FEET TO i HE TRUE POIIdT OF BEGINNING OF THE BOUNDARY OF THE
LAND HEREIN DESCRIBED; THENCE SOUTH 15° 32' 15" EAST 6.49 FEET;
THENCE NORTH 89° 54' 30" EAST PARALLEL WI7H SAID CENTERLINE OF
-3- PC99-16
BALL ROAD, 170.00 FEET TO THE WESTERLY LINE OF THE LAPJD
CONVEYED TO BERTRAM L. POLLACK AND WIFE BY DEED RECORDED
JUNE 29, 1956 BOOK 3~62 PAGE 216, OFFIClAL RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE
NORTH 15° 32' 15" WEST ALONG SAID WESTERLY LINE, 25.95 FEET TO
THE NORTHWEST CORNER THCRE~F; THENCE NORTH 74°27" 45" EAST
ALONG THE NORTHERLY LINE OF SAID LAND. 115.00 FEET TO THE
NORTHEAST CORNER THEREdF; THENCE NORTH 15° 32' 15" WEST
ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF
SAID LAND. 25.79 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS
NORTH 74° 27' 45" VVEST FROM THE TRUE TO THE POINT OF BEGINNING;
THENCE SOUTH 74° 32' 45" WEST 278.86 FEET TO THE TRUE TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT
NO. 95-0254772 OF OFFICIAL RECORDS OF SAID COUNTY.
PARCEL 6:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP THEREOF MADE BY WII_LIAM HAMEL AND FILED FOR RECORD IN
THE OFFICE OF THE C~UNTY RECORDER OF LQS ANGELES COUNT.',
CALIFORNIA DESCRI~ ED AS FULLOWS:
BEGINNING AT A POINT. IN THE SOUTHERLY I_INE OF SAID LOT, DISTANT
THEREON 170.00 FEET Er~STERLY FROM THE SOUTHWEST CORNER
THEFtEOF, SAID SOUTHWF_ST CORNER BEING THE INTERSECTION OF
THE CENTERLINE OF THE STREE7, 60.00 FEET IN WIDTH, NOW KNOWN
AS BALL ROAD, ADJOINING SAID LOT ON THE SOUTH, WITH THE
CENTERLINE OF THE STREET, 60.00 FEET IN WIDTH, NOW KNOWN AS
LOS ANGELES STREET, AUJOINING SAID LOT ON THE WEST AND
RUNNING THENCE NORTH 15° 32' 15" WEST, PARALLEL WITH SAID WEST
LINE, L179.81 FEET; 7HE!~1Cc NORTH 74° 27' 45" EAST 115.00 FEET;
THENCE SOUTH 15° 32' 15" EAST 211.6 FEET TO THE CENTERL.INE OF
SAID BALL ROAD: THENCE WESTERLY ALONG SAID CENTERLINE, 119.32
FEET TO THE POINT OF BEGINNING.
EXCEf'T THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO
THE CITY OF ANAHEIM, RECORDED ON JUNE 15, 1995 AS INSTRUMENT
NO. 95-0254773 OF OFFICIAL RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THE SOUTHERLY 50.00 FEET LYING WITHIN BALL
ROAD.
WHEREAS, the City Planning Commission did 'nold a public hearing at the Civic Center in
the City of Anaheim on January 20, 1999 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisians of the Anaheim Municipal Code, Chapter
18.03, to hear ard consider evidence for and against said proposed conditionai use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the December 21, 1998 and January 4, 1999 Planning Commission mee8ngs; and
WHEREAS, said Commission, after due inspection, invesligation and study made by
itself and in its behalf, and after due consideration of all evidence and reporls o(fered at said hearing,
does find and determine the following facts:
-4- PC99-16
1. T'r~~! the proposed use is properly one for which a conditional use permit is authorized by
F~naheim 1v!;;r9cipal Ccde Sections 18.44.050.070, 18.44.050.195, 18.44.050.300 and 18.87.023.020 to
ca~stn;c: ~, s~~vice station and convenience market with retail sales of beer and wine for off-premises
ions~mptio~ anc~ a~ int~c~rated fast food restaurant with a drive-through lane, and with thp following
w ~;v~~rs;
(a} ~~ctions.i8~5.064.055
-~~_ :4$ 4•05/
j':~; Sections 1tl.05.093.040
and 18.44.067
(c) Sections 18.06.050.0225
18.06.050.0233
and 18.44.066.050
(d) Section 18.87.030.072
- Permitted tvpes of siqns.
- Minimum distance between freestandina sians.
(300 feet required; 160 feet proposed)
- Minimum number of oarkina soaceg.
- Minimum landscaae setback adiacent to an interior
boundary line.
2. That waivers (a), (c) and (d) (permitted types of signs, minimum number of parking
spaces and minimum landscaped setback adjacent to an interior boundary line) are hereby denied on the
basis that they were deleted following public advertisement.
3. That waiver (b), minimum distance between freestanding signs, is hereby approved
because there is a special circumstance appiicable to tiiis p;operty consisting of (ts irrec~ular configuration.
4. That this conditional use permit is hereby granted, in p~~t, denying the retail sale of beer
and wine for off-premises consumption.
5. That the proposed uses, as approved, will not adversely affect the adjoining land uses
and the growth and development of the area in which they are proposed to be located because the uses
are compatible with existing nearby commercial uses; that the property provides adequate ingress/egress
from public streets, on-site vehicular circulation and adequate parking for customers patronizing the
combined uses on the property; and that the property's size is adequate to allow fuil development of
these uses in a manner which is not detrimentai to the area or general population.
6. That the size and shape of the site for the proposed use, as approved, is adequate to
allow the full development of the proposed use in a manner not detrimental to the particular area nor to
the peace, health, safety, and general welfare.
7. That the traffic generated by the proposed use, as approved, will not impose an undue
burden upon lhe streets and highways desic~ned and improved to carry the traffic In the area.
8, That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welFare of lhe citizens of the City of Anaheim.
9. That no one indicated their presence at said public hearing In opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a service statfon and convenience market
with retail sales of beer and wine for off-premises consumption and an integrated fast food restaurant with
a drive through lane, with waivers of (a) permitfed types of signs, (b) minimurr~ distance between
freestanding signs, (c) minimum landscape setback adjacent to an interior boundary line and (d) minimum
number of parking spaces, and the requested determination of public convenience or necessity to allow
-5- PC99-1 G
rr `ail sales of beer and wine for off-premises consumption in the proposed service station convenience
m;+rk2t Iocated on a 1.49-acre irregularly-shaped property at the northeast corner of Anaheim Boulevard
ar.d Bail Road with frontages of 230 feet on the north side Ball Road and 228 feet on th2 east side of
Araheim Boulevard (1 ~20-i 150 Suuth Anaheim Boulevard); and does hereby approve the Negative
~7eclaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Deciaration together with any comments received during the public
~eview process and further finding on the basis of the initisl study and any comments received that there
is no substantial evidence that the project will have a significant effect on lhe environment.
NOW, THEREFORE, BE IT RESOLVEO that the Anaheim City Pianning (:~mmission
does hereby grant subject Petition for Conditionai Use Permit, in part, upon the following conditions which
are hereby found to be a ne:,essary prerequisite to the proposed use of the subject property in order to
preserve the safety and general weEfare of the Citizens of the City of Anaheim:
1. That any lree or other landscaping planted on-site ;;hall be repiaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead.
2. That a minimum three (3) foot high landscaped earthen berm shall be incorporated into the entire
length of the landscaped selbacks adjacent to Anaheim Boulevard and Ball Road to screen the
parking lot and drive-through lane; and, further, that potted plants shall be installed at both ends of
each gasoiine pump island. Said information shall be specifically shown on plans submitted for
building permits.
3. That rNenty four (24) inch box sized trees shall be planted in the landscaped planters immediately
adjacent to Anaheim Bouievard and Ball Road on maximum twenty (20) foot centers in accordance
witn City standards; and that all olher on-site trees shall also be twenty four (24) inch box trees.
~cid information shall be specifically shown on plans submitted for building permits.
4. That the final iloor and lighting plans for this facility shall be subject to the review and approval of
the Community Service Division of the Police Department.
5. That signage for this facility shall be limited to that which is shown on the exhibits submitted by the
petitioner, and as conditiored herein. Any additional sfgnage shall be subject to approval by the
Planning Commission as a"Reports and Recommendations" item.
6. That no window signs shall be permitted at any time in order to permit unobstructed visibility into the
store from outside.
7. That lhe locations for future uiility devices including, but not limited to, electrical transformers. water
backflow devices, gas, communications and cable devices, etc., shall be specifically show:~ on
plans submitted for bui~ding permits. Said plans shall also identify the specific lreatment of each
device (i.e., landscape screening, color of enclosure wails, materials, identifiers, accesr, points,
etc.). Such p~ans shall be subject to the review and approvai of the appropriate City d~:partments.
8. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 459 (to permit an auto and :ruck overhaul, paint, mechanicai, and body
repair facility), Conditional Use Permit No. 749 (to permit used car sales and new car storage,
including all incidental uses, and to permit encroachment into the PL "Parking Landscaping" Zone),
Conditional Use Permit No. 2509 (to permit an automobile deaiership with waiver of minimum
landscaped setback), Conditional Use Permit No. 3772 (to permit a tour bus terminal (ncluding lhe
storage and maintenance of buses and administrative offices), and Variance No. 2164 (for waiver of
maximum sign height within 300 feet of residential uses).
9. That lhe building wall surfaces without articulation on portions of the east, soulh, and north
elevations shall be enhanced with additiona~ architectural features, such as stucco as wall "pop-
outs,° columns, pediments, tile motifs, color variety, or other similar elements. Said informatior~
-6- PC99-16
shail be s~ecifically shown on plans s~bmitted for building permits and shall be subject to the
review and approval of the Zoning Division.
10. That a maximum of one (1), three (3) foot by three (3) foot business identification (logo) sign shali
be permitted on each elevation of the canopy structure. The forty (40) square foot "P" signs, as
shown on submitted plans/exhi5its, shal~ not be permitted on the canopy structure. Said info;mation
siiall be specifically shown on pians submitted for building permits.
11. That roof-mounted balloons 2nd any other inflatable devices shall not be permitted on this property.
1~, That the developer shail submit evidence to the Public Works Department, Development Services
Uivision, that this site is a legal parcel of record as defined uy the Subdivision Map Act. If the site is
not a lega~ parce!, the developer shall submit a Certificate of Compliance for review and approval by
the City Engineer. A lot line adjustment plat may als~ be required, as determined by the City
Engineer.
13. That all trash generated from this facility shall be properly contained in trash bins Iocated within
approved trash enciosures. The number of bins shall be adequate and the trash pick-up shall be a.
frequent as necessary to ensure ihe sanitary handling and timely removal of r~fuse frort: the
property. The Code Enforcement Division of the Planning Department shall determine the need for
additional bins or additional pick-up. Ail costs for increasEng lhe number of bins or frequency of
pick-up shall be paid for by the business owner.
14. That a pian sheet for solid wast~ storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
15. That an on-site trash lruck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanilation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
16. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approvai showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
17. That the legal property owner shail provide the City of Anaheim with an easement for approximately
eighty (80) square feet to the rear of the reyuired landscaped setback area along Ball Road for
relocation of the traffic conlroller cabinet. The easement shall be submitted to the Engineering
Dapartment for approval prior to recordation. The plan for this area, including landscaping to screen
lhe cabinet, shall be s~bmitted and approved by the City Tra~c and 7ransportation Manaqer and
the Zoning Division.
18. That trash storage areas shall be provided and maintained in a location accepta~le to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily idenlifiable from adjacent streets or highways. The walls of the storage areas shsll be
protected from graffiti opportunities by lhe use of plant materials such as clinging vines, pl2 ;ted on
maximum three (3) foot centers, or ta!I shrubbery. Said information shall be specifically shown on
the pians submitted for building permits.
19. That plans shall be submitted to the City Traific and Transportation PAanager for review and
approval showing conformance wilh Engineering Standard No. 937 pertaining to sight distance
visibility for sign or wall/fence locations.
-7- PC95-16
-~,
20. That the drive-through lane shall be reviewed and approved by the City Tra~c and Transportation
Manager.
21. That the parking iot serving the premises shall be equipped with Iighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shali be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties, and that said lighting information
shall be specified on plans submitted for building permits.
22. That the legal property owner shail provide the City of Anaheim with a public utiiity easement to be
determined as electrical design is completed. Said easement shall be submitted to the City of
Anaheim Electrical Engineering Division of the Pubiic Utilities Qepartment.
23. That the applicant shall be responsibie for maintaining the premises free of litter at all times.
24. That no vidao, electronic ~r other amusament devicas or games shall be permitted anywhere on the
premises or on the subject property.
25. That any pubiic telephones proposed on-site shall be located inside the convenience market or
restaurant only.
26 to 33. The proposed Condition Nos. 26 ihrough 33 were deleted at the public hearing because the
Planning Commission denied the proposed retail sale of beer and wine for off-pr•emises
consumption.
34. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside
the building.
35. That prior to commencing operation of these businesses, valid business licenses shall be obtained
from the Business License Division of the City of Anaheim Finance Dapartment.
36. That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code
Section 18.44.030.120 pertaining to the CL "Commercial, Limited" Zone. Said information shall be
specifically showr on the plans submitted for building permits.
37. That deliveries of fuel shall occur only during off-hours or non-peak hours.
38. That any necessary relacation of existing power facilities or street iights shall be at the expense of
the developer.
39. That any above-ground exhaust vents in conjunctio~ with the service station shall be located
o~tside of the setback and placed to the rear of the property and shal! be shown on plans submitted
for building permits. Plans shall also identify the specific treatment of each vent (i.e., landscape
screening, color af vents, materials, etc.} and shall be subject to the review and approval of the
appropriate City departments.
40. 7hat the applicant shall pay the fair sha~ e of cost for upgrading and relocating the traffic signal
equipment/cabinet ard using/installing the 207QN traffic signal controller at the intersection of
Anaheim Boulevard and Ball Road (costing approximately seven thousand five hundred dollars
($7,500)).
41. That no exierior vending machines shall be permitted.
-8- PC99-16
42. That during business hours of subject faciliry, separate men's and women's restrooms shall be
available to the pubiic, and shall be properiy supplied and maintained. Said facilities shall be
specifically shown on ihe pians submitted for building permits.
43. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned so as
to provide increased visibility of the facility.
44. That no propane tanks shall be permitted on the property.
45. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove the service station structures in the event that the
station is closed for a period of twelve (12) consecut~ve months. A service station shall be
considered closed during any month in which it is open for less than fifteen (15) days. A copy of the
recorded agreement shall be submitted to the Zoning Division.
46. That the subject property shall be developed substan;ially i~ ~ accordance with plans 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, 2, 3, 4, 5, 6, 7 and 8, and as conditioned herein.
47. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 7, $, 9, 10, 12, 14, 15, 16, 17, 18, 19,
20, 21, 22, 36, 38, 39, 40, A2, 45 and 50, herein-mentioned, shall be complied with. Extensions far
further time to complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
48. That prior to final building and zoning inspections, Condition Nos. 35 and 46, above-mentioned,
shall be complied with.
49. That approval of this application constitutes approval of the proposed request oniy to the extent that
it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulatiora or requirement.
50. That prior to issuance of a building permit, the applicant shall work with Planning Department staff
to guarantee that the drive-through lane, including any menu board or other signs intended to be
read from the drive-through lane, is properly and fully screened from Ball Road Avenue.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressiy predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such con~ition, or any part thereof,
be declared invalid or unenforceable by the final judyment of any co rt of competent jurisdiction, then this
Resolution, and any approvals herein contained, s all be deem II and void.
THE FOREGOING RESOLUTIO adqpted th Pianning Commission meeting of
January 20, 1999. ( I ~ I
G COMM
ATTEST:
~~~aa2~a~ ,~Co~-e~
SECRE'fARY, NAHEIM CITY PLANNING COMMISSION
-9- PC99-16
. . . '~"*~i4a.~ LL5a:~~Y.~JN'6 ~Y?iw~':s..Y:~u~P]K$~`yy.~ j~'%i,.FF`J-C:<,!C'.
,"~ . . . . . .. . ~ ~ - I
STATE OF CALIFORNIA ) ~
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 20, 1999, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, NAPOLES,
NOES: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: WILLIAMS
~/~/~~~~, IN~ WITNESS VVHEREOF, i have hereunto set my hand this ~~ day of
~U~, 1999.
/I'(~~Q;~yu,lwu~ Ol~l0~2G6~
SECRETARY, NAHEIM CITY PLANNING COMMISSION
-10- PC99-16