96-148 RESOLUTION NO. 96H-148
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3841,
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 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:
THAT PORTION OF LOT 1 OF TRACT NO. 162,
HOME CROFT TRACT, AS SHOWN ON A MAP
RECORDED IN BOOK 12, PAGE 6 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT 1, SAID NORTHWEST CORNER BEING
THE POINT OF INTERSECTION OF THE
SOUTHERLY RIGHT OF WAY LINE OF BALL
ROAD; 60.00 FEET WIDE, WITH THE EASTERLY
RIGHT OF WAY LINE OF BROOKHURST STREET,
60.00 FEET WIDE, AS SHOWN ON SAID MAP;
THENCE NORTH 89 DEG. 59' 44" EAST ALONG
THE NORTHERLY LINE OF SAID LOT 1, BEING
COINCIDENT WITH SAID SOUTHERLY RIGHT OF
WAY LINE OF BALL ROAD, A DISTANCE OF
180.00 FEET; THENCE SOUTH 0 DEG. 27' 00"
WEST, PARALLEL WITH THE WESTERLY LINE OF
SAID LOT 1, A DISTANCE OF 173.00 FEET;
THENCE SOUTH 89 DEG. 59' 44" WEST,
PARALLEL WITH THE NORTHERLY LINE OF SAID
LOT 1, A DISTANCE OF 180.00 FEET TO A
POINT IN SAID WESTERLY LINE OF LOT 1;
THENCE NORTH 0 DEG. 27' 00" EAST, ALONG
SAID WESTERLY LINE OF LOT 1, BEING
COINCIDENT WITH SAID EASTERLY RIGHT OF
WAY LINE OF BROOKHURST STREET, A
DISTANCE OF 173.00 FEET TO THE POINT OF
BEGINNING.
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. PC95 52 granting
Conditional Use Permit No. 3841, 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. 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.
6. The City Council considered but failed to find that the
public convenience or necessity would be served by the issuance
of an off-premises license for the sale of beer and wine in
conjunction with the convenience market.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain off-
street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 the action of the City Planning
Commission granting said conditional use permit, in part, be, and
the same is hereby, affirmed and that Conditional Use Permit No.
3841 be, and the same is hereby, granted permitting a gasoline
service station and convenience market with n__o sale of beer or
wine for off-premises consumption permitted 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 Darkinq
spaces.
18.06.080 (2--1 required; 1__6 proposed)
and 18.44.066.050
(b) Sections 18.44.050.070 - Minimum landscapinq adjacent
to interior
and 18.87.030.072 boundary lines.
(14 trees required along east
and south property lines;
subject to the following conditions:
1. That final detailed plans showing relocation of the
proposed propane tank (including the proposed screen wall) shall
be submitted to the Zoning Division and Traffic Engineering
Division for review and approval.
2. That the developer shall submit a water quality
management plan (WQMP) specifically identifying the best
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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.
3. 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.
4. That the developer shall pay the City of Anaheim Sewer
Deficiency Mitigation Fee for the South Brookhurst Corridor Area.
5. That the existing driveway approaches on Ball Road and
Brookhurst Street shall be removed and replaced with standard
curb, gutter and sidewalk. One (1) new driveway approach shall
be constructed on each street in locations approved by the
Traffic and Transportation Manager. The developer shall obtain a
right-of-way construction permit. The improvements shall be
constructed prior to final building and zoning inspection.
6. That a plan sheet for solid waste storage and
collection and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
7. 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.
8. 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 though 6; provided,
however, that any free standing signage shall comply with
subsection .202 of Section 18.05.093 pertaining to free standing
signs.
9. That the existing structural improvements on subject
property shall be demolished by October 30, 1996.
10. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
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whichever occurs first, Condition Nos. 1, 2, 3, 4, 6 and 7,
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.
11. That prior to final building and zoning inspections,
Condition Nos. 5 and 8, above-mentioned, shall be complied with.
12. 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.
13. That the sale of beer and wine at the convenience
market for off-premises consumption is prohibited.
14. That there shall be no coin-operated telephones on the
premises that are located outside of the building unless such
telephones are affixed to the building wall and located within
fifteen (15) feet of the main entrance to the building.
15. That during business hours of subject facility,
separate men's and women's 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.
16. That the type and location of the eleven (11) trees to
be planted adjacent to the south and east property lines shall be
reviewed and approved by the Zoning Division of the Planning
Department. Said trees shall be chosen to accommodate, to the
furthest extent possible, the visibility into the shopping center
that exists adjacent to the south and east property lines, while
still providing an aesthetic backdrop for subject property. Said
trees shall be professionally maintained to preserve this
visibility.
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 party thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, than 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 20th day of August,
1996.
MAYOR OF THE CITY ~ ANAHEIM
ATTEST:
CITY~CL~ERK O~CITY OF ANAHEIM
0020140.01
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-148 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of August, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Tait (temporary absent)
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-148 on the 20th day of August, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of August, 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 odginal of Resolution No. 96R-148 was duly passed and adopted by the City Council of
the City of Anaheim on August 20th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM