97-021RESOLUTION NO. 97R -21
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3902, IN
PART.
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 permit a service station and accessory convenience market with
sale of beer and wine for off premises consumption and a 2,100
sq.ft. drive through, fast food restaurant upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF
TRACT NO. 1758, AS SHOWN ON A MAP RECORDED IN
BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION
DESCRIBED AS PARCEL 200709 -I IN DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 31, 1994
AS INSTRUMENT NO. 94- 0534178 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH
150.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDED OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH
240.00 FEET OF THE WEST 150.00 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
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. PC97 -9 granting, in
part, Conditional Use Permit No. 3902; 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:
2
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,
Conditional Use Permit No. 3902 be, and the same is hereby,
granted, in part, permitting
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF
TRACT NO. 1758, AS SHOWN ON A MAP RECORDED IN
BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION
DESCRIBED AS PARCEL 200709 -I IN DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 31, 1994
AS INSTRUMENT NO. 94- 0534178 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH
150.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDED OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH
240.00 FEET OF THE WEST 150.00 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA;
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.04.043.102
and 18.44.068
3
Maximum wall height.
(6 foot high block wall
required adjacent to
residential zone boundaries;
8 foot high block wall
Sections 18.04.043.101(a)
18.44.063.020
and 18.44.068
subject to the following conditions:
4
proposed adjacent to RS -7200
"Residential, Single Family"
zoning to the south)
Minimum structural and
landscaped setback adjacent to
a local street and required
site screening
(10 foot wide landscaped
structural setback required
along Palm Street, 5 -foot
landscaped setback proposed; 6
foot high block wall required
behind the required 10 foot
landscaped setback along Palm
Street to screen the parking
spaces from the residences
along Palm Street, 8 foot high
block wall proposed behind the
5 foot landscaped setback; and
maximum 3 -foot high block wall
permitted within 10 feet of
Palm Street, 8 -foot high block
wall proposed 5 feet from Palm
Street)
1. That this conditional use permit is granted subject to
City Council adoption of General Plan Amendment No. 343
and adoption of a zoning ordinance in connection with
Reclassification No. 96- 97 -03, now pending.
2. That a lot line adjustment to merge the lots into one
(1) parcel shall be submitted to the Subdivision
Section of the Public Works Department for approval by
the City Engineer, and then recorded in the Office of
the Orange County Recorder.
3. That the developer shall submit an application to the
Real Property Section to abandon the existing public
utility easements on -site and to obtain vehicular
access rights to Harbor Boulevard (in order to
accommodate the approved site plan, vehicular access
rights to Harbor Boulevard must, first be approved by
City Council)
4. That prior to grading plan approval, the developer
shall submit a Water Quality Management Plan (WQMP)
specifically identifying the best management practice
that will be used on -site to control predictable
pollutants from stormwater runoff. The WQMP shall be
submitted to the Public Works Department, Development
Services Division, for review and approval.
5. That the developer shall reconstruct the curb and
gutter and construct full width sidewalk (i.e. ten [10]
feet wide) along Ball Road in conformance with Public
Works Department standards. A Right -of -Way
Construction permit shall be obtained from the Public
Works Department, Development Services Division. The
improvements shall be constructed prior to the first
final building and zoning inspections.
6. That gates shall not be installed across any driveways
in a manner which may adversely affect vehicular
traffic in the adjacent public streets. Installation
of any gates shall conform to Engineering Standard Plan
No. 609 and shall be subject to the review and approval
of the City Traffic and Transportation Manager prior to
installation of said gates.
7. That no roof mounted equipment shall be permitted
unless fully screened from view from all public streets
and adjacent properties in accordance with the Anaheim
Municipal Code.
8. That the proposed freestanding sign on subject property
shall be constructed as shown on Exhibit No. 7 and
shall be subject to the review and approval of the City
Traffic and Transportation Manager to determine
adequate lines -of -sight prior to issuance of the
building permit.
9. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revisions 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.
10. That no driveway or pedestrian access shall be
permitted along the east property line (to /from Palm
Street)
11. That all driveways shall be constructed with ten (10)
foot radius curb returns in conformance with
Engineering Department Standard No. 137.
12. 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.
13. That an on -site trash truck turn around area shall be
provided and maintained to the satisfaction of the
Public Works Department, Streets and Sanitation
Division. Said turn around area shall be specifically
shown on plans submitted for building permits.
14. That during business hours of subject facility,
separate men's and women's rest rooms shall be
available to the public, and shall be properly supplied
and maintained. Said facilities shall be specifically
shown on the plans submitted for building permits.
15 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
(including the underground tanks) 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.
16. That all provisions of Anaheim Municipal Code Section
18.87.023.020 (as it may be amended from time to time),
pertaining to the sale of beer and wine for off
premises consumption shall be complied with.
17. That the sales of alcoholic beverages shall not exceed
forty percent (40 of the gross sales of all retail
sales during any three (3) month period. The applicant
shall maintain records on a quarterly basis indicating
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.
18. That no display of beer or wine shall be located
outside the building or within five (5) feet of any
public entrance to the building.
19. That the areas of beer or wine displays shall not
exceed twenty -five percent (25 of the total display
area in the building.
6
20. That window signage shall not be permitted for the
service station, convenience market and /or fast -food
restaurant.
21 That no advertising of beer or wine shall be located,
placed or attached to any location on the exterior of
the building; and that any advertising on the interior
of the building shall not be visible or audible to
anyone outside the building.
22 That no video, electronic or other amusement devices or
games shall be permitted anywhere on the property.
23 That the sale of alcoholic beverages shall be made to
customers only when the customer is inside the
building.
24. That no person under twenty one (21) years of age shall
sell or be permitted to sell any beer or wine.
25. That sales of beer and /or wine shall be permitted only
between the hours of 8 a.m. and 11 p.m.
26. That no alcoholic beverages shall be consumed on the
premises.
27. 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 nearby residences, and
that said directioning, positioning and /or shielding of
lighting shall be specified on plans submitted for
building permits.
28. That any public telephones proposed on -site shall be
located inside the convenience market or fast -food
restaurant; or, if placed outside, shall be attached to
the wall of the building within twelve (12) feet of the
main entrance to the building.
29. That beer shall not be sold in packages containing less
than a six (6) pack, and that wine shall not be sold in
packages less than a four (4) pack.
30. That no food which is cooked, heated, reheated,
assembled or altered on the site (i.e., take -out food)
shall be permitted at the convenience market unless a
separate variance for parking is approved or unless
additional Code required parking is provided.
31. That the order speaker device for the drive through
restaurant shall be equipped with an operable volume
control. The sound emitted shall not be audible at the
residentially zoned boundaries to the south and east.
The ordering device shall not be utilized after 11:00
p.m. or before 6:00 a.m.
32. That service station, convenience market and restaurant
employees shall be required to park in the parking
spaces adjacent to the east property line.
33. That no propane tank(s) shall be permitted on -site.
34. That all landscaped areas shall be planted, irrigated
and maintained, including removing litter, and shall be
in conformance with Exhibit No. 6.
35. That the owner of subject property shall be responsible
for the removal of any on -site graffiti within twenty
four (24) hours after its application.
36. That any plans for additional signage, except for the
proposed monument sign identified in Exhibit No. 7,
shall be submitted to the Zoning Division for review
and approval by the Planning Commission as a "Reports
and Recommendations" item. No advertising signs other
than those approved by the Planning Commission shall be
constructed on subject property.
37. That landscape irrigation plans for the subject
property shall be submitted to the Planning Division
for review and approval.
38. 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.
39. That hours of operation shall not exceed the following:
Service Station /Convenience Market
Fast -food Restaurant
Drive through Lane:
open 24 hours
open 24 hours
6:00 a.m. to
11:00 p.m.
40. That a three (3) foot high landscape berm shall be
installed adjacent to Ball Road and Harbor Boulevard as
shown on Exhibit No. 6.
41. That the property owner shall be responsible for the
construction and maintenance of the required eight (8)
foot high block walls located along the south property
line (RS -7200 zoning) and located behind the five (5)
foot landscaped setback along the east property line
(Palm Street).
42. That 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 through 7. The approved project may be
constructed in two (2) phases (i.e. service
station /convenience market and fast food restaurant)
provided that all conditions are complied with.
43. 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, Conditions Nos. 1,
2, 3, 4, 9, 12, 13, 14, 15, 27 and 37 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.
44. That prior to final building and zoning inspections,
Condition Nos. 5, 11, 31, 34, 40, 41 and 42, above
mentioned, shall be complied with.
45. 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.
46. That, if determined to be necessary by the Anaheim
Police Department, a minimum of one (1) licensed
uniformed security guard shall be provided on the
premises specifically to provide security and to
discourage vandalism, trespass and /or loitering upon or
adjacent to the subject property. Said security
guard's hours shall be as determined to be appropriate
by the Anaheim Police Department.
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.
9
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of February,
1997.
CITY CLERK OF THE CITY OF ANAHEIM
0022118.01
4.11•P}P-
MAYOR OF THE CITY OF ANAH
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. 97R -21 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of February, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -21 on the 25th day of February, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 25th day of February, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -21 was duly passed and adopted by the City Council of
the City of Anaheim on February 25th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM