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97-163RESOLUTION NO. 97R -163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3932. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a new service station including a convenience market with retail sales of beer and wine for off premises consumption upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 0 DEGREES 27' WEST 280.00 FEET ALONG THE EAST LINE OF SAID SECTION; THENCE SOUTH 89 DEGREES 54' 40" WEST 175.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION 19; THENCE NORTH 0 DEGREES 27' EAST 280.00 FEET PARALLEL WITH THE EAST LINE OF SAID SECTION 19 TO THE NORTH LINE OF SAID SECTION 19; THENCE NORTH 89 DEGREES 54' 40" EAST 175.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DISTANT SOUTH 0 DEG. 27' WEST 280.00 FEET AND SOUTH 89 DEGREES 54' 40" WEST 30.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 19; THENCE FROM SAID POINT OF BEGINNING SOUTH 89 DEGREES 54' 40" WEST 20.00 FEET TO A POINT; THENCE NORTH 0 DEGREES 27' EAST 50.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 54' 40" EAST 20.00 FEET TO A POINT; THENCE SOUTH 0 DEG. 27' WEST 50.00 FEET TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 21 PAGE 7 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 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 -91 granting, in part, Conditional Use Permit No. 3932; and WHEREAS, thereafter, within the ti,me 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; ana 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 consi- deration 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3932 be, and the same is hereby, granted permitting a new service station including a convenience market with retail sales of beer and wine for off premises consumption on the hereinabove described real property, subject to the following conditions: 2 1. 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. If roof mounted equipment is proposed, the owner /developer shall show detailed screening information on the plans submitted for building permits. 2. That any proposed freestanding sign on.subject property shall be a monument -type not exceeding eight (8) feet in height, as measured from the grade of the sidewalk, and shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines -of- sight. 3. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and as conditioned herein. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 4. That the petitioner may not franchise or otherwise operate the prepared food service as a separate business entity. A conditional use permit will be required for any alterations pertaining to the operational characteristics of the food service within the convenience market. 5. That during open business hours of subject facility, the restrooms 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. 6. 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. 7. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from time to time), pertaining to the retail sales of beer and wine for off premises consumption shall be complied with. 8. That the sales of alcoholic beverages shall not exceed 35% 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 3 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. 9. 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. 10. That the areas of beer or wine displays, shall not exceed twenty -five percent (25 of the total display area in the building. 11. That window signage shall not be permitted for the service station or convenience market. 12. That no advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building and that any such advertising shall not be visible or audible (interior or exterior). 13. That no video, electronic or other amusement devices or games shall be permitted anywhere on the property. 14. That the sale of alcoholic beverages shall be made to customers, only when the customer is inside the building. 15. That no person under twenty -one (21) years of age shall sell or be permitted to sell any beer or wine. 16. That no alcoholic beverages shall be consumed on the premises. 17. 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 not exceed 12 feet in height and shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent land uses and shall be so specified on plans submitted for building permits. 18. That beer shall not be sold in packages containing less than a six -pack, and that wine coolers shall not be sold in packages less than a four -pack. 19. That the applicant shall be responsible for maintaining the premises free of litter at all times. 20. That no propane tank(s) shall be permitted on -site. 21. That all landscaped areas shall be planted, irrigated and maintained, and shall be in conformance with Exhibit No. 2, 4 except as otherwise conditioned. 22. That the owner of subject property shall be responsible for the removal of any on -site graffiti within twenty four (24) hours of its application. 23. 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. 24. That any public telephones proposed on -site shall be located within the convenience market, or if placed outside, shall be attached to the wall of the building within fifteen (15) feet of the main entrance to the building. 25. That trees shall not be unreasonably trimmed to afford increased visibility of the facility. 26. That the building roof shall be painted with 3 -foot high reflective address numbers in a contrasting color to the roofing material. 27. That sales of beer and /or wine shall be permitted only between the hours of 8 a.m. and 11 p.m. 28. 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. 29. 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. 30. There shall be no on -site tables or seating areas for the consumption of food. 31. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision 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. 32. Prior to issuance of a building permit, the developer shall pay the Sewer Capacity Mitigation Fee established for the South Brookhurst Corridor sewer deficiency study area. The fee is currently $27.98/1,000 s.f. 5 33. Prior to grading plan approval, the developer shall submit a drainage report, prepared by the Registered Civil Engineer, to document both historic and proposed drainage patterns and quantities. The report shall also show how the development will impact the areawide drainage system. If the development increase or redirects the current or historic storm water quantity or point(s) of discharge, then the project will be required guarantee mitigation of the impact in conformance with the Master Plan of,Drainage of pay Storm Drain Impact fee. 34. That proposed new driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 35. Construction activities shall be screened from adjacent noise sensitive land uses with a solid barrier; all construction equipment, fixed or mobile, shall be equipped with a properly operating and maintained muffler exhaust systems and stockpiling and vehicle staging areas shall be located as far as practical to prevent noise impacts on sensitive receptors. Construction activities will be limited to the hours between 7 a.m. and 6 p.m. Monday through Friday, and between 7 a.m. and 5 p.m. on Saturdays. Construction activities will not be permitted on Sundays and legal holidays. 36. The property owner shall submit a letter requesting termination of Conditional Use Permit No. 638 (to permit an existing service station within 75 feet of an R -1 Zone) to the Zoning Division. 37. 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. 38. That the developer shall submit a water quality management plan (WQMP) specifically identifying the best management practices that will be used on site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works Engineering Department, Development Services Division, for review and approval. 39. 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. 1, 2, 5, 6, 17, 28, 29, 31, 32 and 38, 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. 'R' 6 40. That prior to final building and zoning inspections, Condition No. 26 and 34, above mentioned, shall be complied with. 41. That prior to grading plan approval, Condition No. 33, above mentioned, shall be complied with. 42. 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 oY requirement. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of September, 1997. CITY CLERK OF THE CITY OF ANAHEIM 0024319.01 MAYOR OF THE CITY OF EIM 7 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 -163 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of September, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Daly NOES: MAYOR /COUNCIL MEMBERS: Lopez TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (abstained) AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -163 on the 9th day of September, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of September, 1997. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -163 was duly passed and adopted by the City Council of the City of Anaheim on September 9th, 1997. CITY CLERK OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM