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95-148 RESOLUTION NO. 95R-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3751, 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 an accessory convenience market (with prepared food and off-premises sale and consumption of beer and wine) and an automated car wash for an existing service station upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 200 FEET OF THE WEST 200 FEET OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 55, PAGE 38 OF MISCELLANEOUS MAPS 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 W~EREAS, 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 95-55 granting, in part, Conditional Use Permit No. 3751; 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 Sections 18.44.050.070, 18.44.050.080, 18.44.050.195 and 18.87.023.020 to permit an accessory convenience market (with prepared food) and an automated car wash for an existing service station with the following waivers: (a) Sections 18.04.060.013 - Required trees adjacent to street and 18.44.063.050 frontages. (minimum 15 trees required; 4 trees proposed) (b) Sections 18.44.063.010 - Required setback adjacent to an and 18.87.030.040 arterial highway. (c) Sections 18.44.063.040 - Required landscaDin~ adjacent to and 18.87.030.072 interior Dropertv lines. (minimum 10-foot wide landscaped setback containing 15 trees required; 1 tree proposed) 2. That waiver (a) is hereby approved, in part, to require the installation of 6 trees (2 on La Palma Avenue and 4 on Euclid Street) on the basis that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity and that 6 trees adjacent to the street frontages, will comply with the proposed revision to the City's development standards for service stations having 3 driveways; 3. That Waiver (b) is hereby denied on the basis that it was deleted following public advertisement; 4. That waiver (c) is hereby approved, in part, to require the installation of 15 trees in tree wells adjacent to north and east property lines on the basis that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 5. That there are special circumstances applicable to the property consisting of its location and surroundings, which do not apply to other identically zoned properties in the vicinity; 6. That 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 because the proposed accessory convenience market and automated car wash are compatible with the existing service station and immediate neighborhood; 7. That the size and shape of the site for the proposed 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; 8. That 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; 2 9. 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; 10. That the premises are located in an area which has a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code, and the applicant failed to demonstrate that the public convenience or necessity would be served by the issuance of another license for the off-premises sale of alcoholic beverages in this area. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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. 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. 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, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 3751 be, and the same is hereby, granted, in part, permitting an accessory convenience market (with prepared food) and an automated car wash for an existing service station, but excluding the off-Dremises sale of alcoholic beverages, on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.060.013 - Required trees adjacent to street and 18.44.063.050 frontages. minimum 15 trees required; 4 trees proposed) Sections 18.44.063.040 - ReGuired landscaping adjacent to and 18.87.030.072 interior property lines. (minimum 10-foot wide landscaped setback containing 15 trees required; 1 tree proposed) subject to the following conditions: 1. That the existing most southerly driveway on Euclid Street shall be removed and replaced with standard curb, gutter, 3 sidewalk, and a minimum five (5) foot wide planter with landscaping and irrigation. 2. That the three (3) remaining driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standards. 3. That the legal property owner shall submit evidence of the date that the parcel was created and obtain a certificate of compliance from the Public Works-Engineering Department, Development Services Division. 4. 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 pollutant from stormwater runoff. The WQMP shall be submitted to the Public Works Engineering Department, Development Services Division, for review and approval. 5. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 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 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 Nos. 1 and 2. 8. That there shall be n_9o parking in front of the propane tank. The driveway area adjacent to the tank shall be striped and clearly marked as a "no parking area." 9. That the sale of alcoholic beverages, including beer and wine, shall be prohibited. 10. That the public restrooms shall be maintained. 11. 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. 3, 4, 5, and 6, 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. 12. That prior to final building and zoning inspections, Condition Nos. 1, 2, 7 and 8, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the 4 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 8th day of August, 1995. MAYOR OF THE CITY OF ANA~IM 13262.1\Jt4HITE\August 9, 1995 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. 95R-148 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of August, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-148 on the 8th day of August, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of August, 1995. 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. 95R-148 was duly passed and adopted by the City Council of the City of Anaheim on August 8th, 1995. CITY CLERK OF THE CITY OF ANAHEIM