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99-086RESOLUTION NO. 99R-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4104. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to convert an existing automotive repair/cashier building at an existing service station into a convenience market with retail sale of beer and wine for off-premises consumption and to retain the gasoline sales upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1 A SHOWN ON A MAP FILED IN BOOK 43, PAGE 9 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-44 denying Conditional Use Permit No. 4104; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the 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, health, safety and general welfare. 4. 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. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 4104 be, and the same is hereby, granted to convert an existing automotive repair/cashier bulding at an existing service station into a convenience market with retail sale of beer and wine for off-premises consumption and to retain the gasoline sales on the hereinabove described real - 2 - property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.41.063.010 and 18.110.100.090 Minimum landscaped setback adjacent to an arterial highway. (10 feet required along La Palma Avenue and Kraemer Boulevard; 3 to 5 feet proposed) subject to the following conditions: 1. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 2. That a minimum 3-foot high landscape earthen berm shall be incorporated into the entire length of the landscaped setbacks adjacent to La Palma Avenue and Kraemer Boulevard, and further that large potted plants shall be installed at both ends of each gasoline pump island. A landscape screen of the air and water devices shall be provided. Final landscaping plans indicating type, size and location of proposed landscaping and irrigation shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 3. That minimum 24-inch box sized trees shall be planted in the landscape planters immediately adjacent to La Palma Avenue and Kraemer Boulevard at 20 feet on-center (maximum) in accordance with City standards. Said information shall be specifically shown on plans submitted for building permits. 4. That minimum three (3) foot wide planters with shrubs shall be provided and maintained around all four (4) sides of the building. Said information shall be specifically shown on plans submitted for building permits. 5. That the final floor and lighting plans for this facility shall be subject to the review and approval of the Community Service Division of the Police Department. 6. That the specific location of any monument sign shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight considerations. No signs shall be permitted on the canopy structure. A maximum of one (1) wall sign on each elevation of the building shall be permitted. Final sign plans shall be submitted to the Zoning - 3 - Division for the review and approval by the Planning Commission as a Reports and Recommendations item. 7. That no window signs shall be permitted at any time to allow unobstructed visibility of the store interior from the outside. 8. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 9. 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 adjacent properties, and that said lighting information shall be specified on plans submitted for building permits. 10. That all trash generated from this facility shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall 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 determine the need for 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. 11. That the applicant shall be responsible for maintaining the premises free of litter at all times. 12. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 13. That public telephones (existing or proposed) shall be (re)located inside the convenience market only. 14. That roof-mounted balloons or other inflated devices shall not be permitted. 15. That no exterior vending machines shall be permitted. 16. Deleted. - 4 - 17. That street trees shall be installed by the developer within the public rights-of-way adjacent to La Palma Avenue and Kraemer Boulevard. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 18. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 19. Deleted. 20. That the driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 21. That trash storage areas shall be provided and maintained in a location 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 be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3 foot centers, or tall shrubbery. The trash enclosure shall be located at the northeast corner of the property with no setbacks. Said information shall be specifically shown on plans submitted for building permits. 22. That the sales of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of 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 requested by any City of Anaheim official during reasonable business hours. 23. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that any such advertising shall not be audible (interior or exterior). 24. That no alcoholic beverages shall be consumed on the premises. - 5 - 25. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 26. That the areas of alcoholic beverages display shall not exceed twenty five percent (25%) of the total display area in the building. 27. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 28. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 29. That beer shall not be sold 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. 30. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 31. That any roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section No. 18.110,100.0307 pertaining to the SP 94-1, D.A. 5 Zone. Said information shall be specifically shown on the plans submitted for building permits. 32. That the location of any above-ground exhaust vents in conjunction with this service station facility shall be shown on plans submitted for building permits so as to be out of the required setback area and as least noticeable from public view as possible. Plans shall also identify the specific treatment of each vent (i.e., landscape screening, color of vents, materials, etc.) and shall be subject to the review and approval of the appropriate City departments. 33. That during business hours of the subject facility, the restroom shall be available to the public, and shall be properly supplied and maintained. The final floor plan shall be reviewed and approved by the Zoning Division to ensure public availability. Said facility shall be specifically shown on the plans submitted for building permits. 34. 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. - 6 - 35. That no propane tanks shall be permitted on the property. 36. That in conformance with Anaheim Municipal Code Section 18.110.100.050.0523, 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) consecutive 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. 37. That the building wall surfaces and fuel island canopies shall be enhanced with additional architectural features, such as stucco wall pop-outs, columns, pediments, tile motifs, color variety, or other similar elements. Said information shall be specifically shown on plans submitted to the Zoning Division and shall be subject to the review and approval of the Planning Commission as a Reports and Recommendation item. 38. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. 39. That deliveries of fuel shall occur during non-peak hours. 40. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 41. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3568 (to retain an automobile repair facility in conjunction with an existing gasoline sales facility with waiver of minimum landscaping abutting an interior property line and required improvement of parking area) and Variance No. 1774 (for waiver of maximum number of signs, maximum sign height, maximum permitted sign area, and sign location) to the Zoning Division. 42. That there shall be no on-site tables or seating areas for the consumption of food. 43. That the subject property shall be developed substantially in 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 and 2, and as conditioned herein. - 7 - 44. That prior to the 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, 6, 8, 9, 18, 19, 21, 31,32, 33, 36, 37, and 41, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 45. That prior to final building and zoning inspections, Condition Nos. 13, 17, 20, 38, 43, and 47 above-mentioned, shall be complied with. 46. 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 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, regulation or requirement. 47. That the operator shall either (a) purchase or otherwise acquire a Type 21 alcoholic beverage license from another premises within the same Census Tract and transfer said license (as a Type 20) to the premises herein, or (b) purchase or otherwise acquire a Type 20 alcoholic beverage license from another premises within the same Census Tract and transfer said Type 20 license to the premises herein and purchase or otherwise acquire an additional Type 20 license from any premises within the City of Anaheim (whether within the same or a different census tract) and relinquish and terminate said license. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 8 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of May , 1999 MAY~E~EIM ATTES~O~__~ _ CITY CLERK OF THE CITY OF ANAHEIM 30767.1 - 9 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-86 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 4th day of May, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken NOES: MAYOR/COUNCIL MEMBERS: Daly TEMP. ABSENT: MAYOR/COUNCIL MEMBERS: Tait ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-86 on the 4th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of May, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-86 was duly passed and adopted by the City Council of the City of Anaheim on May 4th, 1999. CITY CLERK OF THE CITY OF ANAHEIM