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2000-014RESOLUTION NO. 2000R-14 A RESOLUTION OF THE CITY OF ANAHEIM APPROVING CERTAIN CODE WAIVERS AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT NO. 4069, AND AMENDING RESOLUTION NO. 98R-266 ACCORDINGLY. WHEREAS, on 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 construction 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-through self service car wash with waiver of maximum structural height abutting a residential zone on property located at 801 South Harbor Boulevard and 510 West South Street; and that said resolution includes the following conditions of approval: "2. That the retail sale of beer and wine portion of this use permit shall expire one (1) year from the date of issuance of an occupancy permit for the convenience market. 56. 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 5, and as conditioned herein. 60. That approval for the off-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 to ten (10) licenses. The purchase agreements shall effectively 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 closed 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 property 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 (including 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 18.05,064.050 and 18.44.067 Permitted location of freestandinG signs. (signs not permitted to project or encroach into ultimate public rights-of-way; one monument sign proposed in the ultimate riGht-of- way along Harbor Boulevard) (b) Sections 18.04.048,010(c)- and 18.44.068 Required site screening abutting a residential zone. (6-foot high masonry block wall required along RS-A-43,000 Residential/Agricultural" zoning; 7-foot high wrought iron and block fence proposed along the south and west property lines adjoining church uses) (c) Sections 18.04,080.005 18.04.80.020 and 18.44.100 Required improvement of riGhts-of- way. (right-of-way improvement required prior to building occupancy; improvements proposed in 5 years from date of approval) 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 2 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, after considering all of the evidence and reports offered at said hearing, the Planning Commission adopted its Resolution No. PC99-200 approving said code waivers and amending certain conditions of approval of Conditional Use Permit No. 4069; and WHEREAS, within the time permitted by law, an interested person or the City Council appealed said Planning Commission decision to the City Council after which the City Council did hold a duly noticed public hearing thereon and did consider all evidence and reports offered at said hearing; and WHEREAS, said the City Council, 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 strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That waiver (b), required site screening abutting a residential zone, is hereby appr0ved on the basis of special circumstances applicable to the property because the adjacent properties to the south and west, although zoned residentially, are not developed 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 in 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 convenience market; and that the intent of the condition has been satisfied given the change in circumstances of the 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby amend of Resolution No. 98R-266, adopted in connection with Conditional Use Permit No. 4069, to approve the following waivers pertaining to a proposed freestanding sign and required screening adjacent 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 car wash, and waiver of maximum structural height abutting a residential zone: (a) Sections 18.05,030.100 18.05.064.050 and 18.44.067 Permitted location of freestandin~ signs. (signs not permitted to project or encroach into ultimate public rights-of-way; one monument sign proposed in the ultimate right-of- way alon~ Harbor Boulevard) (b) Sections 18.04,048.010(c)- and 18.44.068 Required site screening abutting a residential zone. (6-foot high masonry block wall required along RS-A-43,000 Residential/Agricultural" zoning; 7-foot high wrought iron and block fence proposed along the south and west property lines adjoining church uses) (c) Sections 18.04.080.005- 18.04.80.020 and 18.44.100 Required improvement of riGhts-of- way.(right-of-way improvement required prior to building occupancy; improvements proposed in 5 years from date of approval) BE IT FURTHER RESOLVED that the City Council does hereby amend Condition Nos. 2, 56 and 60 of Resolution No. 98R-266, to read as follows: "2. That the retail sale of beer and wine portion of this use permit shall expire three (3) years from the date of issuance of an occupancy permit for the convenience market. 56. 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 Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 5, and as conditioned herein. 60. That approval for the off-premises sale of beer and wine shall terminate on March 31, 2000, if the applicant has not obtained an Alcoholic Beverage Control (ABC) license prior to said date and further that the total number of active licenses in the census tract is reduced to ten (10) licenses. No sale of beer and/or wine for off-premises consumption shall be permitted on the property unless and until the applicant has obtained an ABC license no later than March 31, 2000." BE IT FURTHER RESOLVED, that the City Council does hereby add the following new conditions of approval to Resolution No. 98R-266: "65. That the proposed wrought iron portion 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 petitioner/property owner makes the public improvement and 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 all 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 information shall 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 Sidewalks" of the Anaheim Municipal Code, for the monument sign proposed to be located 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 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. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 98R-266 shall remain in full force and effect.