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96-201 RESOLUTION NO. 96R-201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3878 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 new gasoline service station and convenience market with 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: THE NORTH 190 FEET OF THE EAST 210 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AND THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS RECORDS OF SAID ORANGE 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. PC96-118 granting Conditional Use Permit No. 3878, in part; 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. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.070, 18.44.050.195 and 18.87.023.020 to permit a new gasoline service station and convenience market with sales of beer and wine for off-premises consumption, and with waiver of the following: (a) Sections 18.06.050.0225 Minimum number of Darkinq spaces. 18.06.080 (19 spaces required; and 18.44.066.050 14 proposed; 15 to 17 recommended by the City Traffic and Transportation Manager) (b) Sections 18.44.063.050 Minimum required landscapinq. and 18.87.030.072 (Required along south property line: 7 trees planted on maximum 20-foot centers, Proposed: 7 trees along easterly 88 feet of south property line but no trees along westerlv 62 feet; Required along west property line: 7 trees planted on maximum 20-foot centers, Proposed: 6 trees along northerly 65 feet of west property line but no trees along southerly 85 feet.) 2. That waiver (a) is hereby approved, in part, for a minimum 15 parking spaces because the City Traffic and Transportation Manager has determined that 15 to 17 spaces will satisfy the expanded demand for the proposed uses of this property; 3. That the parking waiver, as approved and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); 6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street 2 parking areas or lots provided for such use; 7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; 8. That waiver (b) is hereby approved, in part, for a total of at least 14 clustered trees along the south and west property line; 9. That there are special circumstances applicable to the property, as pertains to planting the trees on maximum 20-foot centers, such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity because (i) the area behind the convenience market along the south property line is too narrow to properly maintain trees without a special access easement from the adjacent property to the south and (ii) the corridor between the west property line and the proposed convenience market is required to be kept clear at a minimum dimension of 5 feet for emergency exit purposes as required by the Anaheim Fire Department, and that this area will be concrete and planted with vines in "vine pockets" adjacent to the building; 10. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 11. That the proposed uses are properly ones for which a conditional use permit is authorized by the Zoning Code; 12. That the proposed sale of beer and wine for off- premises consumption does not require a Determination of Public Convenience and Necessity because subject property is not located in an above average crime area and there is not an over-concentration of Alcoholic Beverage Control licenses in the area; and, further, that there will be no consumption of beer or wine on the subject property; 13. That the proposed uses, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which they are proposed to be located; 14. That the size and shape of the site for the proposed uses is adequate to allow the full development of said uses in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 15. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 3 16. That 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 3878 be, and the same is hereby, granted permitting a new gasoline service station and convenience market with sales of beer and wine for off-premises consumption on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.06.050.0225 Minimum number of Darkin~ spaces. 18.06.080 (19 spaces required; and 18.44.066.050 1--4 proposed; 15 to 17 recommended by the City Traffic and Transportation Manager) (b) Sections 18.44.063.050 Minimum required landscaping. and 18.87.030.072 (Required along south property line: 7 trees planted on maximum 20-foot centers, Proposed: 7 trees along easterly 88 feet of south property line but no trees alon~ westerly 62 feet; Required along west property line: 7 trees planted on maximum 20-foot centers, Proposed: 6 trees along northerly 65 feet of west property line but no trees alon~ southerly 85 feet) subject to the following conditions: 1. That only three (3) driveways shall be permitted: two (2) driveways on Harbor Boulevard and one (1) driveway on Orangewood Avenue. All driveways shall be subject to the review and approval of the City Traffic and Transportation Manager. 2. That the existing driveways on Orangewood Avenue and Harbor Boulevard shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 3. That plans shall be submitted to the City Traffic and and maintained in conformance with said plans. 4. That the new driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in 4 Transportation Manager for his review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed Transportation Manager for his review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed conformance with Engineering Standard No. 137. 5. 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. 6. 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. 7. That lighting fixtures shall be installed at the western portion of the property between the proposed building and the existing block wall. The lighting fixtures shall be directed into the setback area in this location and shall be down-lighted and directed away from the adjacent motel property to the west. Said specifications shall be shown on the plans submitted for building permits. 8. That plans for a comprehensive sign program shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" agenda item. The sign plan shall specify the following: (a) Wall signs shall be limited to one (1) wall sign facing Orangewood Avenue and one (1) wall sign facing Harbor ~ Boulevard O__R one (1) wall sign above the main entrance facing northeasterly; and (b) No signage shall be permitted on the gasoline pump island canopies; and (c) The existing freestanding pole sign shall be removed. Any proposed freestanding sign shall be a monument- type, maximum eight (8) feet high (as measured from the finished grade of the nearest sidewalk), located in the landscaped setback area at the intersection of Harbor Boulevard and Orangewood Avenue, and that said sign location shall be submitted to the City Traffic and Transportation Manager for review and approval for line-of-sight considerations. 5 9. That landscape plans shall be submitted for review and approval by the Planning Commission as a "Reports and Recommendations" item. Submitted plans shall specify the following: (a) Landscape setback areas adjacent to Harbor Boulevard and Orangewood Avenue: (i) Minimum fifteen (15) (minimum fifteen [15] gallons each) Magnolia trees to complement the landscaping of the nearby Specific Plan No. 92-2 "Anaheim Resort"; and (ii) Minimum thirty six (36) inch high hedge and shrubs with thorns (to prevent pedestrian traffic); and (iii) Substantial landscaping adjacent to the intersection planted within a semi-circular planter area. (b) Landscape setback area adjacent to the west property ~ line: (i) Minimum seven (7) (minimum fifteen [15] gallons each) trees, shrubs (minimum five [5] gallons each), and ground cover; and (ii) Vine pockets planted with minimum one (1) gallon sized vines planted on maximum three (3) foot centers adjacent to the convenience market building wall. (c) Landscape setback area adjacent to the south property line: (i) Minimum seven (7) (minimum fifteen [15] gallons each) trees, shrubs (minimum five [5] gallons each), and ground cover; and (ii) Vine pockets planted with minimum one (1) gallon sized vines planted on maximum three (3) foot centers adjacent to the convenience market building wall; and (iii) No fence shall be permitted to ensure "defensible space" in this area. (d) Interior parking lot landscape areas: (i) Minimum seven (7) (minimum fifteen [15] gallons each) trees, shrubs (minimum five [5] gallons each), and ground cover in minimum forty eight (48) sq.ft. planters. 10. That any public telephones proposed on site shall be located inside the convenience market. 6 11. That during business hours of subject facility, separate men's and women's restroom facilities 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. 12. That all setback requirements shall be measured from the ultimate rights-of-way line. 13. That no window signage shall be permitted. 14. That the developer shall submit evidence to the Public Works Department, Development Services Division, that the site is a legal parcel of record as defined by the Subdivision Map Act. If the site is not a legal parcel, the developer shall submit a Certificate of Compliance for review and approval by the City Engineer. 15. 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. 16. That off-premises sales of beer and/or wine shall be permitted only between the hours of 8 a.m. and 2 a.m. 17. That no alcoholic beverages shall be consumed on the property. 18. 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 businesses. 19. That all provisions of Anaheim Municipal Code Section 18.87.023.020 (as it may be amended from time to time) pertaining to off-sale of beer and/or wine in service stations shall be complied with. 20. 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. 7 21. That there shall be no coin-operated games maintained upon the premises at any timel 22. That no display of beer or wine shall be located outside the convenience market or within five (5) feet of the public entrance to the building. 23. That the area of beer or wine displays shall not exceed twenty five percent (25%) of the total display area in a building. 24. That the sale of alcoholic beverages shall be made to customers only when the customer is inside the building. 25. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or wine. 26. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 27. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject that variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 28. 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 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. 29. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 30. That no roof-mounted equipment shall be permitted, unless fully screened from view from all public streets and adjacent properties. 8 31. 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. 32. That no propane tanks shall be permitted. 33. 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; provided, however, that a minimum of fifteen (15) parking spaces shall be provided and that a minimum of fourteen (14) clustered trees shall be provided along the south and west property lines. 34. That within ninety (90) days from the date of this resolution, the developer shall submit to the Environment and Safety Division of the Public Utilities Department for review and approval, a complete delineation of the lateral and vertical extent of petroleum hydrocarbon contamination on the subject property. 35. That within one hundred eighty (180) days from the date of this resolution, a soil remediation plan shall be submitted to the Environment and Safety Division of the Public Utilities Department. Within ninety (90) days of receipt of approval, the developer shall install the approved soil remediation system. 36. That there shall be no audio advertisement of beer and/or wine sales in the pump dispensing area. 37. That there shall be no on-site tables or seating areas on the premises. 38 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 No. 1, 3, 5, 6, 7, 8, 9, 12, 14, 15 and 28, 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. 39 That prior to final building and zoning inspections, Condition Nos. 1, 2, 4, 18 and 33, above-mentioned, shall be complied with. 40. 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 9 approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT 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 10th day of December, 1996. AT~EST~ CI~ CLERK OF CITY OF ANAHEIM THE 0021380.01 10 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. 96R-201 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of December, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-201 on the 10th day of December, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this loth day of December, 1996. 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. 96R-201 was duly passed and adopted by the City Council of the City of Anaheim on December 10th, 1996. CITY CLERK Of THE CITY Of ANAHEIM