Resolution-PC 99-200RESOLUTlON NO. PC99-200
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSiON
AMENOING RESOLUTION NO. 98R-266, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERb91T NO. 4069
WHEREAS, ~n December 15, 1998, Resolution No. 98R-266 was adopted by the Anaheim
City Council to approve, Conditional Use Permit No. 4069 to demolish an existing liquor store and permit
canstruction of a service station with a 1,925 sq.ft. convenience market with retail sale of beer and wine
for off-premises consumption and a 920 sq.ft. drive-ihrough self service car wash with waiver of maximum
structural height ab~;tting a residential zone on property Iocated at 801 South Harbor Boulevard and 510
West South Street; and that said resolution includes the following conditions of approval:
"56. That su~:; ct property shall be developed substantially in accordance with plans and
specification~ submitted to the City of Anaheim by the petitioner and which plans are
on file with the ~lanning Department marked Exhibit Nos. 1 through 5, and as
conditioned herein.
60. That approvai for the ofr-premises sale of beer and wine shall terminate on
October 26, 1999, if the applicant has not purchased a sufficient number of existing
active and operating Alcoholic Beverage Control ("ABC") licenses within the same
census tract (reporting district) prior to said date such that the total number of
licenses in the census tract is reduced ta ten (10) licenses. The purchase
agreements shall effective~y require that the previous owners of the permits and the
owners of the properties where the permits were previously located will refrain from
applying for new licenses or for the transfer of existing licenses within the same
reporting district for a period of ninety (90) days following the effective date of the
transfer of the permit to the applicant. The purchase agreements shall provide that
the City of Anaheim is a third party beneficiary for the purpose of enforcing the
application restriction. A copy of the purchase agreement shall be provided to the
Zoning Division. No sale of beer and/or wine for off-premises consumption shall be
permitted on the property unless and until the applicant has purchased an existing
and active ABC license within the same census tract no later than October 26,
1999."
WHEREAS, this property is partially vacant and partially developed with a ciosed
convenience market, which included the sale of beer and wine, in the CL (Commercial, Limited) zone;
and that the Anaheim General Plan Land Use Element Map designates this properly for Commercial
Professional and Medium Density Residential land uses.
WHEREAS, the petitioner proposes amending Condition Nos. 56 and 60 pertaining to the
ABC license for the retail sale of beer and wine for off-premises consumption r~ncluding the expiration
date for acquiring said license); and amending the approved plans pertaining to the proposed
freestanding sign and required screening adjacent to a residential zone with waivers of the following:
(a) Sections 18.05.030.100 - Permittad location of freestandina siqns.
18.05.064.050 (signs not aermitted to oroiect or encroach into ultimate aublic
and '18.44.067 riqhts-of-wav; one monument sign eroposed in the ultimate
right-af-wav alonq Harbor Boulevard)
(b) Sections 18.~4.048.010(c)- Reauired site screeninq abuttinq a residential zone.
and 18.44.068 (6-foot hiqh masonrv block wall required along RS-A-43,000
"Residential/Agricultural" zoning; 7-foot high wrouqht iron and
CR3821 MS. DOC -1- PC99-200
block fence proposed along the south and west property lines
adjoining church uses)
(c) Sections 18.94.080.005 - Required imarovement of riahts-of-wav.
18.04.80.020 (right-of-way imprcvement required prior to buildinq occupancv;
an~ 18.44.100 improvements proposed in 5 vears from date of aporoval)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 25, 1999, 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 amendment and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued
to the November 8, and November 22, 1999, Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation 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 modifications, including the imposition of additional conditions thereto,
are reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under this conditional use permit as granted.
2. That waivers (a) and (c), pertaining to permitted location of freestanding signs and required
improvement of rights-of-way, are hereby approved on the basis that there are special circumstances
applicable to the property such as location and/or surroundings, which do not apply to other identically
zoned properties in the vicinity; and that s`rict application of the Zoning Code deprives the p~operty of
privileges enjoyed by other properties under identical zoning classificatiori in the vicinity.
3. That waiver (b), required site screening abutting a residential zone, is hereby approved on
the basis of special circumstances applicable to the property because the adjacent properties to the south
and west, although zoned residentially, are not developei3 with residential uses, and the purpose of the
required block wall is to provide a solid screen between commercial and residential uses; that said
circumstances do not apply to other identically zoned properties in the vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning
classification ;n the vicinity.
4. That the modification to Condition No. 60 is hereby approved based on the finding that said
modification is necessary for the operation of the proposed r,onvenience market; and that the intent of
the condition has been satisfied given the ch~nge in circumstsnces of 4he ABC licenses within the
underlying census tract as discussed in paragraph nos. (18) and (19) of the November 22, 1999 Staff
Report to the Planning Commission.
5. That no one indicated their presence at tha pubfic hear:ng ~n op~~sitit~it ta ;.~~ ~saFasat;
and that no correspondence was received in opposition.
CALIFORNiA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to amend or deletE certain conditions of ap~ro~~al pertaining fs
the ABC license for the retail sale of beer and wine for off-premises consumption (includ!ng ti;e expir~kion
date for acquiring said license), and to amend the approved plans pertaining to the propused freestanding
sign and required screening adjacent to a residential zone with waivers of (a) permitted Ibcation of
freestanding signs, (b) required site screening abutting a residential zone, and (c) required improvement
of right-of-way on a rectangularly-shaped 0.8-acre property located at the southwest corner of South
Street and Harbor Boulevard, having frontages of 190 feet on the south side of South Street and 185 feet
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on the west side of Harbor Boulevatd, and further described as 801 South Harbor Boulevard and 510
West South Street; and does hereby find that the Negative Declaratinn previously approved in
connection with Conditional Use Permit No. 4069 is adequate co serve as the required environmental
dacumentation in connection with this request u~on finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the ~reviously approved Negative Declaration
together with any comments received during the public review process and further finding on the basis of
the initial study and any comments received that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby amend of Resoiution No. 98R-266, adopted in connection with Conditional Use
Permit tJo. 4069, to approve the foliowing waivers pertaining to a proposed freestanding sign and
required screening adjacef~t to a residential zone in conjunction with a previously approved service station
with a 1,925 sq.ft. convenience market with retail sale of beer and wine for off-premises consumption and
a 920 sq.ft. drive-through self service ~ar wash, and waiver of maximum structural height abutting a
residential zone:
(a) Sections 18.05.030.100 - Permitted location of freestandinp siQns.
18.05.064.050 (signs not permitted to aroiect or encroach into ultimate aublic
and 18.44.067 riqhts-nf-wav; ore monument sign ~roposed in the ultimate
rir~ht-of-wav alona Harbor Boulevardj
(b) Sections 18.04.048.010(cl- Reauired site screenina abuttinq a residential zone.
and 18.44.068 (6-foot hiqh masonrv block wall required along RS-A-43,000
"Residential/Agricultural" zoning; 7-foot hioh ~,vrouqht iron and
block fence proposed along the soutn and west property lines
adjoining church uses)
(c) Sections 18.04.080.005 - Reauired imorovement of riahts-of-wav.
18.04.80.020 (right-of-way improvement required prior to buildin4 occupancv;
and 18.44.100 improvements proposed in 5 vears from date of aooroval)
BE IT FURTHER RFSOLVED that the Planning Commission does hereby amend Condition
Nos. 56 and 60 of Resalution No. 98R-266, to read as follows:
56. That subjeat property shall be deveioped substantially in accordance with plans and
specifications submitted to the City of Ana--,eim by the petitioner and which plans are
on file w~th the Planning Department r~arked Revision No. 1 of Exhibit No. 1 and
Exh~ : it has. 2 through 5, and as conditioned herein.
60. That approval for the off-premises sale of beer and wine shall !erminate on
January 30, 2000, if the applicant has not obtained an Alcoholic Beve~2ge Control
(ABC) license prior to said ciate and further thst the total number of active licenses
in the census tract is reduced to ten (10) licenses. No sale of beer andlor wine for
off-premises consumption shall be permitted on the property unless and until the
applicant has obtained an ABC license no later than January 30, 2000.
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BE 17 FURTHER RESOLVED, that the Planning Commission does hereby add the
foilowing new conditions of approval to Resolution No. 98R-266:
65. That the proposed wrought iron poRion of the proposed fence along the west and
south property lines outside the front setback area, shall be reduced to a height of
four (4) feet so that the maximum height of the fence does not exceed six (6) feet in
height. In addition, the three (3) foot high block wall within the landscaped setback
shall be reduced to two (2) feet to match this fence.
66. That the owner of subject property shall record an unsubordinated covenant
agreeing to remove any freestanding signs on subject property which may be
located within the future public right-of-way at no cost to the City of Anaheim and at
such time as the petitioneNproperty owner makes the public improvement ~nd
widens the public street to the ultimate right-of-way.
67. That street lights shall be installed on Harbor Boulevard as required by the Electrical
Engineering Division of the Public Utilities Department.
68. That the water backflow equipment and any other large water system equipment
shall be installed to the satisfaction of the Water Utility Division behind the street
setback area in a manner fully screened from ail public streets and alleys. Any
other large water system equipment shall be installed to the satisfaction of the
Water Engineering Division in either underground vaults or outside the street
setback area in a manner fully screened from all public streets and alleys. In
addition, if required by the Anaheim Fire Department, the fire line shall be upgraded.
Said inform2tion shali be specifically shown on plans submitted for building permits.
69. That the parking lot serving the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all
persons on or about the parking lot. Said lighting shall 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. Photometric plans shall be submitted to the Anaheim
Police Department, Community Services Division for review and approval prior to
issuance of building permits.
70. That prior to issuance of a building permit, a bond shall be posted and a covenant
shall be recorded, to the satisfaction of the Public Works Department and the City
Attorney's Office, guaranteeing the construction of the public right-of-way
improvements as required by the Public Works Department within a period of five (5)
years from the date of occupancy.
BE IT FURTHER RESOLVED that that an encroachment permit shall be obtained
from the Public Works Department, in accordance with Chapter 12 "Streets and Sidewaiks" of the
Anaheim Municipal Co,~e, for the monument sign proposed to be locatad in the ultimate public
right-of-way; and
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning
Code and any other applicable Ciry, State and Federal regulations. Approval does not include
any action or findings as to compliance or approvai of the request regarding any other applicable
ordinance, regulation or requirement,
~_ PC99-200
1
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 22, 1999.
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CHAIRP RSON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
SECRETARY, A AHEI ITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY C~F ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, de hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 22, 1999, by the following vote of the m~mbers thereof:
AYES: COMMISSIONERS: ARNOLD, BOS1WlCK, BOYDSTUN, BR~'3TOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
~P/ ' 1999.
~R~
SECRETARY NAHEIM CITY PLANNING COMMISSION
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