Resolution-PC 99-205RESOLUTION NO. PC99-205
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4159 BE GRANTED, I~d PART
FOR FIVE (5) YEARS
WHEREAS, the Anaheim City Planning Commission did rpceive a verified Petition for
Conditiorial Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE SOUTH 178.00 FEET OF THE WEST 182.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QU/~RTER OF THE SOUTHEAST QUARTER OF
SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO LOS
COYOTES, AS SIiOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 22, 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 e~~idence 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 and study made by
itself and in its behalf, and after due cansideration of all evidence and reports offered at said hearing,
does find and determine the foliowing facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Seciions 18.44.050.193 and 18.44.050.194 to permit conversion of a 1,471
sq.ft. vacant service station irto a convenience market with sale of beer and wine for off-premises
consumption.
2. That the proposal is hereby approved, in part, to permit conversion of the vacant gasoline
service station to a convenience market, but that the proposed retail sale of beer and wine for off-
premises consumption is denied because, based on information provided by the Anaheim Police
Department, an additional Alcoholic Beverage Control ("ABC") license in the underlying Census Tract No.
871.03 wouid create an undue over-concentration of licensas in this area (4 permitted, 11 currently
issued); that this property is located in a reporting district where the crime rate is 60% above the City
average; and that re~ocation of an existing liquor license in this Census Tract to the proposed
convenienca market, which is located cross the street from single family residences to the west, would not
be beneficial to the neighborhood nor to crime deterrent efforts.
3. That the convenience market, as approved, will not adversely affect the adjoining land
uses and growth and development of the area in which it is proposed to be located but will prcvide a
dependabie neighborhood convenience and service that might otherwise be deficient in this area.
4. That the size and shape of the site is large enough to support the proposed convenience
market, as appraved, in a manner not detrimental to the particular area nor to the peace, health, safety,
and general weifare.
5. That the traffic generated by the proposed convenience market, as approved, wiil not
impose an undue burden on the streets and highways designed and improved to carry the traific in the
area.
6. That granting this conditional use permit, under the conditions ir.nposed, will not be
detrimental to the peace, health, safery and general weifare of the citizens of the City of Anaheim.
CR3814PK.DOC -1- PC99-205
7. That eight people spoke at the public hearing in oppnsition to the proFosed sale of beer
and wine portion of this request; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposai to permit the conversion of a 1,471 :,q.ft. vacant service
station into a convenience market with the retail sale of beer and wine for off-premises consumption on a
0.43 acre property located at the northeast corner of Ball Road and Nutwood Street, having frontages of
150 feet on the north side of Ball Road and 125 feet on the east side of Nutwood Street, and further
described as 1881 VJest Ball Road (Thrifty Oil); and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the 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 evid~ence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anahei~n City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, f~r five years upon the following
conditions which are 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 the daily hours of operation shall be from 6 a.m. to 1Q p.m.
2. That subject conditionai use permit shall expire fve (5) ye~rs from the date ofi this resolution,
on November 22, 2004.
3. Proposed Condition No. 3 was deleted at tho Planning Comrnission public hearing.
4. Proposed Condition No. 4 was deleted at the Planning Commission pubiic hearing.
5. That no outdoor stora~e, or display or sales of any merchandise or flxtures shall be permitted.
6. That no autdoor vending mechines shall be permitted unless campletely screened from view of all
public rights-of-way (Ball Road and Nutwood Street).
7. That window signs shail not be permitted for the convenience market. All fixtures, displays,
merchan~!ise and other materials shall be set back a minimum of threE (3) feet from all window
areas.
8. That no seating or table areas shall be provided.
9. That no alcoholic beverages shall be sold on the premises.
10. That no beer and/or wine shall be sold on the premises.
11. P~oposed Condition No. 1 J was deletec~ af fhe Planning Commission publlc hearing.
12. Proposed Condition No. 12 was deleted at the Planning Commission public hearing.
13. Proposed Condition No. 13 was deleted at the Planning Commission public hearing.
14. Proposed Condition No. 14 was deleted at the Planning Commission publ:c he3ring.
15. That the former service station canopies and associated pump islands and curbing shalf be
removed.
16. That public telephones, if provided, shall be located fnside the buiiding.
CR3814PK.DOC -2- PC99-205
17. That the parking lot serving the premises shall be equipped with lighting of su~cient pov!~er to
illuminate and make easily discernible the appearance ar~d conduct of all persons on or about the
parking lot. Said lighting shall be directed, Fositioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties; and that said lighting informatioii
shali be specified on plans submitted for building permits.
18. That no electronic or other amusement devices or games shall be permitted anywhere on subject
property.
19. That the owner of subject properky shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application.
20. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
21. That the proposal shali comply with all signing requirements of the CL "Commerc~al Limited" Zone
unless a variance allowing sign waivers is approved by the City Cou~icil or Planning Commission.
22. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission; and that the existing pole sign shall be
removed. Any additional signage shall be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
23. That any tree planted on-site shall be replaced in a timeiy manner in the event that it is removed,
damaged, diseased and/or dead.
24. That the landscaped planters shall be permanentiy maintained with live and healthy plants.
25. That minimum twenty four inch (24") box sizsd trees (ai a ratio of at least one (1) tree per twenty
(20) feet of street frontage) sha~l be planted and maintained in the landscaped planters immediately
adjacent to Ball Road and Nutwood Street in accordance with City standards. Said information
snall be specifically shown on plans submitted for building permits.
26. That minimum three (3) foot wide planters, containing shrubs, shall be provided and maintained on
three (3) sides of the building. Said information shall be specifically shown on plans submitted for
building permits.
27. That, as required by the Urban Forestry Division of the Community Services Department, at least
two (2), twenty four inch (24") box Melaleuca quinquenervia (Cajeput trees) street trees shall be
installed by the property owner within the public right-of-way adjacent to Nutwood Street, as
specified on the pian and in accordance with the City of Anaheim Tree Planting Specifications.
28. That, as required by the Urban Forestry Division, the vacant tree well located adjacent to Ball Road
shall, as specified on the site plan, be filled with concrete to match the walkway.
29. That this property shall be permanently mainta~ned in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four {24) hours from time of occurrence.
30. That a landscape plan for tF~e entire site shali be submitted to the Zoning Division oF the Planning
Department specifying type, size and location of proposed, existir.g and refurbished landscaping
and trrigation facilities for revi~w and approval of the Planning Commission as a"Reports and
Recommendations" item. Following approved, the landscaping shall be installed and maintained in
accordance with the plan.
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31. That the exterior buildinc~ wall surfaces shall be enhanced with additional architectuial features,
such as stucco wall pop-outs, columns, pediments, tile motifs, color variety, and/or o•ther similar
elements. Said information shall be specifically shown on plans submitted to the Zon;ng Division
and shall be subject to the review and appr~vai by the Pianning Commission as a"f<eports and
Recommendations" item.
32. That plans shali be submitted to the City Traffic and 7ransportation Manager for ~eview and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standaras and driveway locations. Subject property shall
the~eupon be developed and maintained in conformance with said plans.
33. That no required parking area shall be fer,ced or otherwise encic~ea tor storage or other outdoor
uses.
34. That trash storage area(s) shall be provided and maintain~•d in location(s) acceptable 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 ~~
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from gra~ti opportunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said informatien
shall b~ specifically shown on the plans submitted for Planning Department and Streets and
Sanitation Division approval.
35. That aIl trash generated from this market shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shal! be adequate for this market and trash pick-up
shail 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 De~artment shall determine the need
for additional bins or additional pick-up. All costs for increasing th~ number of bins or frequency of
pick-up shall be paid for by the business owner.
36. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
37. That trash storage areas shall be refurbished to the satisfaction of the Streets and Sanitation
Division to comply with approved plans on file with the Public Works Department.
38. That any required relocation of City of Anaheim eiectrical facilities shall be at the developer's
expense.
39. Tf:~:t all existing water services shall conform to current Water Utiiity Standards. Any existing water
services that are not approved by the Public Utilities Department for continued use shall be
upgraded to currently standards or abandoned by developer. If the existing services are no longer
needed, they shall be abandoned by the developer.
40. That no roof-mounted equipment shall be permitted unless completely screened from the public's
view.
41. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color which contrasts with the roof material. The numbers shall not be visible from the view of the
streets or adjacent properties,
42. That prior to commencing operation of this business, a valid business license shall be obtained
from the City of Anaheim Business License Division of the Finance Department.
43. l'hat roof-mounted balloons or other inflated devices shall not be permitted.
CR3814PK.DOC -4- PC99-205
44. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit ~os. 839 (permitting an automobile service station at the
intersection of a primary arterial highw~ay and a collector street, and within 75 feet of a single-family
residential zone) and 3718 (permitting an independent automobile repair facility in conjunction with
an e~;isting gasoline sales i4cility with +riaivers of minirnum landscaping at street frontages and
minimum landscaping requirements adjacent to interior property boundaries).
45. That recording closed circuit television (CCT~ cameras, capturing the front door and cashier's
stand, shall be installed; and that a minimum thirty (30) day library of those CCN tapes shall be
maintained.
46. That access to the public restrooms shail be from inside the building. Such access shail be
specificallv shown on plans submitted for building permits.
47. That subject properry shall be developed substantiaily in accordance with plans and specifications
submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
48. 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. 17, 25, 26, 30, 31, 32, 34, 36, 44 and 46, above-
mentioned, shall be complied with. Exlensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
49. That prior to final building and zoning inspections, Condition Nos. 15, 22, 27, 28, 37, 39, 41, 45, 47
and 51, herein-mentioned, shall be complied with.
50. That approval of this application canstitutes approval of the proposed request only to the extent that
it complies wikh the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or flndings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
51. That the existing driveways closest to the intersection of Ball Road and Nutwood Street shall be
removed and replaced with standard curb, gutter, sidewalk and landscaping.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon appiicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be deciared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
t~esolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the PI nning Commission meeting of November 22,
1999.
~'~ .
CMAI R PRO TEMPORE,
ANAH M CITY PLANNING COMMISSION
ATTEST:
~1~.a~a~ ~~s~
SECRETA , ANAHEIM CITY PLANNING COMMISSION
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~ ~
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEtM ) ~
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 Ciry Planning
Commission held on November 22, 1999, by the following vote of the members thereof:
AYES:COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this,~ day of
~~, 1999.
~
SECRETA , ANAHEIM CITY PUINNING COMMISSION
.~
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