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2000-115RESOLUTION NO. 2000R-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4069 AND AMENDING RESOLUTION NO. 98R-266. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 98R-266 approving Conditional Use Permit No. 4069, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on June 20, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 4069, as set forth in Resolution No. 98R-266, as heretofore amended by Resolution No. 2000R-14, be, and the same are hereby, amended and restated in their entirety, to read as follows: "1. That approval for the off-premises sale of beer and wine shall terminate on September 30, 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 ABC licenses in the underlying 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 September 30, 2000. 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. That the sale of beer and wine shall be permitted only between the hours of 8 a.m. to 12 a.m. That no video, electronic or other amusement devices or games shall be permitted. o o 10. 11. 12. 13. 14. 15. 16. 17. That no propane tanks shall be permitted. That trees shall not be unreasonably trimmed to increase visibility of this facility. That roof-mounted balloons or other similar devices shall be prohibited. That the numerical street address shall be provided on the roof of the building in contrasting colors to the roof, in a manner which is not visible to any street and to the satisfaction of the Anaheim Police Department. That prior to commencing operation of these businesses, valid business license(s) shall be obtained from the Business License Division of the City Finance Department. That any on-site telephones{s) shall be located inside the convenience store building. That final architectural and sign plans shall be submitted to the Zoning Division for Planning Commission review and approval as a ~Reports and Recommendations" item. That window signs shall be prohibited. That the submitted monument sign plan shall be modified to remove the street address from the base of the sign and to place the numerical address on the sign in a location identified by the Zoning Division. Said information shall be shown on the plans submitted to the Zoning Division for Planning Commission review as a "Reports and Recommendations" item. That an inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollars ($10,000.00) shall be maintained on the premises. That receipts from the sale of beer and wine shall not exceed thirty five percent (35%) of all retail sales during any twelve (12) month period. 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. That the area(s) of beer or wine display shall not exceed twenty five percent (25%) of the total display area in the convenience market building. That cold beer or wine having a temperature below sixty five degrees (65°) Fahrenheit shall only be sold from, and/or displayed in, permanently affixed coolers for the -2- 18. 19. 20. 21. 22. 23. 24. 25. cooling and storage of all refrigerated products. That no advertising of beer or wine shall be located, placed, audible to, or attached to any location outside the interior of the convenience market building; and that any such advertising shall not be visible to anyone outside the building. That the sale of beer and wine shall be made to customers only when the customer is inside the convenience market building. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the convenience market building for every three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed inside the building. That the operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. That all trash generated by this convenience market shall be properly contained in trash bins located 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. Ail costs for increasing the number of bins or additional frequency of pick-up shall be paid by the business owner. That any roof-mounted equipment shall be subject to the screening requirements specified in Anaheim Municipal Code Section 18.44.030.120. Such information shall be specifically shown on the plans submitted for building permits. 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. That the front landscaped setback(s) (i.e., outside of the ultimate rights-of-way) shall include a landscaped earthen berm (minimum three (3) feet high) and shall be planted and irrigated with minimum twenty four inch (24") box sized trees located on maximum twenty (20) foot centers; provided, however, that the City Traffic and Transportation -3- 26. 27. 28. 29. 30. 31. 32. 33. 34. Manager may modify this requirement to ensure adequate vehicular and pedestrian visibility. The landscaped areas within the dedication area (ultimate street rights-of-way) shall be properly maintained by the property owner until such time that the street is widened. That clinging vines shall be planted on maximum three (3) foot centers against all screen walls and fences, including the trash enclosure. Said landscaping shall be continually maintained. That the trash storage area(s) shall be maintained 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 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 clinging vines or tall shrubbery. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. That the car wash shall utilize a recycled water system. The car wash system shall discharge to the sanitary sewer system between the hours of 10 p.m. to 7 a.m. only. This limitation shall be noted on the building site plan and plumbing plans. That the legal property owner shall provide the City of Anaheim with an easement for public utility purposes, with the width and location to be determined by the Public Utilities Department when electrical design is completed. That the cost of any necessary relocation of existing power poles or street lights shall be at the developer's expense. That this property shall be served with underground utilities in accordance with the Electrical Rates, Rules and Regulations and the City of Anaheim Underground Policy. The most current fees shall apply. That this project has landscaping areas exceeding twenty five hundred (2,500) sq. ft. and, therefore, a separate -4- 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. irrigation meter shall be installed to comply with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 5349. That the car wash shall comply with all state laws and local ordinances for water conservation measures. Voluntary water conservation strategies shall be encouraged. That only one (1) driveway shall be permitted on South Street and on Harbor Boulevard. That subject property shall be maintained in conformance with plans submitted to the City Traffic and Transportation Manager showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 602 and 607 pertaining to parking standards and driveway locations (driveways shall be located as far as possible from the intersection). That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. That during business hours of subject facility, the men's and women's restrooms shall be available to the public and shall be properly supplied and maintained. That no outdoor vending machines or water machines shall be located so as to be visible to the public rights-of- way. That the car wash drive-through lane shall be reviewed and approved by the City Traffic and Transportation Manager. That on-site lighting plans shall be maintained in accordance with plans approved by the Community Services Division, Police Department. That the hours of operation for the car wash shall be limited to 7:00 a.m. to 7:00 p.m. daily. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building. That the locations for future utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the specific treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate -5- 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. City departments. That the roll-up car wash doors shall be painted to match the exterior of the building. That satisfactory evidence shall be submitted to the Building Division showing that the proposed car wash is in conformance with the requirements of Chapter 6.7 "Sound Pressure Levels." That beer shall not be sold in packages containing less than a six (6) pack, and wine coolers shall not be sold in packages containing less than a four (4) pack. 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, except as otherwise specified herein. Any additional signage shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. That the exhaust vents for the gasoline station tanks shall be located at the rear of the property. That the final building elevations approved by the Planning Commission as a "Reports and Recommendations" item shall be maintained as approved. That the under-side of the canopy shall be reduced to fifteen (15) feet high, thereby reducing the overall height to not more than twenty four (24) feet. That the proposed Cypress trees along South Street shall be planted on maximum three {3) foot centers. 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 addition, the three (3) foot high block wall within the landscaped setback shall be reduced to two (2) feet to match this fence. 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 its ultimate right-of-way. That street lights shall be installed on Harbor Boulevard -6- 57. 58. 59. 60. 61. 64. as required by the Electrical Engineering Division of the Public Utilities Department. 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. Said screening shall be continually maintained. In addition, if required by the Anaheim Fire Department, the fire line shall be upgraded. 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. Said lighting shall be continually maintained. 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 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. 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, including reducing the canopy height as specified in Condition No. 54, above-mentioned. That prior to final building and zoning inspections, Condition Nos. 8, 22, 27, 28, 29, 31, 36, 40, 48, 52, 55, 56, 58, 59, 60 and 62, above-mentioned, shall be complied with. 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 -7- 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 as heretofore amended by Resolution No. 2000R-14, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of June, 2000. M~Y/O~R~~ANAHEiM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 36176.1 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-115 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of June, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-115 on the 20th day of June, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of June, 2000. CIYY ~LER¢~ OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-115 was duly passed and adopted by the City Council of the City of Anaheim on June 20th, 2000. THE CITY OF ANAHEIM