96-130 RESOLUTION NO. 96R-130
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3836, IN
PART.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit a 2,796 sq.ft. service station with a convenience
market providing off-premises sale and consumption of beer and
wine upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A
MAP FILED IN BOOK 45 PAGE 13 OF PARCEL MAP,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; and
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. PC 96-47 granting
Conditional Use Permit No. 3836, in part, but denying the
proposed variances from Anaheim Municipal Code requirements; 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 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, 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. 3836 be, and the same is hereby,
granted, in part, permitting on the hereinabove described real
property, subject to the following conditions:
1. 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.
2. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim, an additional
twelve (12) feet wide easement along Katella Avenue and
State College Boulevard Street for Critical Intersection
purposes.
3. That the owner of subject property shall submit a letter
requesting termination of Variance No. 2470 (approving
waivers of maximum number of freestanding signs, minimum
distance between freestanding signs, minimum distance of
freestanding signs from abutting property line and maximum
area of a freestanding sign in parking landscape area, to
erect 5 signs in conjunction with a proposed service
station) and Conditional Use Permit Nos. 1370 (permitting a
fully enclosed restaurant in the ML Zone), 3007 (permitting
an automatic car wash in conjunction with an existing
service station) and 3774 (permitting expansion of an
existing vacant restaurant to include a drive-through lane
with waiver of minimum number of parking spaces) to the
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Zoning Division.
4. That the proposed freestanding monument sign shall be
subject to the prior review and approval of the City Traffic
and Transportation Manager to determine adequate
lines-of-sight.
5. 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.
6. That subject property shall be developed 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 to Exhibit No. 1 (site
plan), Revision No. 1 to Exhibit No. 2 (landscape plan),
Exhibit No. 3 (floor plan), Exhibit No. 4 (building
elevations), Exhibit No. 5 (building elevations), Revision
No. 1 to Exhibit No. 5 (signage) and Exhibit No. 6 (canopy
~ elevations), provided, however, that architectural
enhancements as shown in Revision No. 1 to Exhibit No. 7 (as
submitted at the July 16, 1996 Council Meeting) shall be
included in the project design. Such enhancements shall
include additional accent material such as a low wainscot on
the service station building using materials to complement
the stucco walls and roof tiles stucco sheathing on the
posts supporting the canopy over the pump island, and using
painted wood or stucco for the fascia of the canopy to
replace the painted metal. Furthermore, any exposed painted
metal for the pump island canopy and the service station
building (other than the store front entry) shall be
replaced with painted wood or stucco.
7. That, in accordance with Section 18.61.050.055 (pertaining
to service stations approved by conditional use permits),
the property owner shall record an unsubordinated covenant,
~ satisfactory to the Planning Director and City Attorney,
agreeing to remove all structures, including underground
tanks, in the event that the service 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.
8. 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.
9. That the legal owner of subject property shall submit a Lot
Line Adjustment, to merge the two (2) existing lots, to the
Development Services Division of the Public Works Department
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for approval by the City Engineer. Said Lot Line Adjustment
shall be recorded in the Office of the Orange County
Recorder.
10. That during business hours of subject facility, separate
men's and women's restrooms shall be properly supplied and
maintained. Said facilities shall be specifically shown on
the plans submitted for building permits.
11. That the proposed "24-hour" sign facing east towards State
College Boulevard shall not be permitted and shall be
deleted from the plans.
12. That the sales of alcoholic beverages shall be permitted
only between the hours of 8:00 a.m. and 2:00 a.m.
13. That the gross sales of alcoholic beverages shall not exceed
thirty five percent (35%) of the gross sales of all retail
sales during any twelve (12) 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 made available for inspection
by any City of Anaheim official when requested.
14. That no advertising of beer or wine shall be located, placed
or attached to any location outside the interior of the
building; and any such advertising inside the building
shall not be visible to anyone outside the building.
15. That no alcoholic beverages shall be consumed on any
property under the control of the applicant.
16. That the parking lot of 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.
17. That the lighting in the parking area of the premises shall
be directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the window area of any units
in the adjacent motel.
18. That the applicant shall be responsible for maintaining a
litter free area adjacent to the premises over which he/she
has control.
19. That there shall be no pool tables or coin-operated games
maintained upon the premises at any time.
20. 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.
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21. That the area of beer or wine display shall not exceed
twenty five percent (25%) of the total display area in the
building.
22. That the sale of beer and wine shall be made to customers
only when the customer is inside the building.
23. That no person under twenty one (21) years of age shall
sell, or be permitted to sell, any beer or wine.
24. 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, 3, 4, 5, 7, 9,
and 11, 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.
25. That prior to final building and zoning inspections,
· ~- Condition Nos. 6, 16 and 17, above-mentioned, shall be
complied with.
26. 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 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 16th day of July, 1996.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0019751.01
5
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-130 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th day of July, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Zemel, Felhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-130 on the 16th day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 16th day of July, 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-130 was duly passed and adopted by the City Council of
the City of Anaheim on July 16th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM