Resolution-PC 2003-111•
RESOLUTION NO. PC2003-111
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2001-138 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2001-04435,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREIN
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-138, grant Conditional Use Permit No. 2001-04435, in part, to retain and expand
an existing car wash to include accessory take-out fast food service with waiver of minimum number of
parking spaces; that the parking waiver was denied because it was determined to be unnecessary; and
that said Resolution includes Condition No. 5 which specifies: that the hours of operation shall be limited
to Monday through Saturday, 8 a.m. to 6 p.m.; and
WHEREAS, the property is developed with an 1,116 sq.ft. car wash and un-permitted
modular office trailer; that the zoning is CG (General Commercial); and that the Land Use Element of the
Anaheim General Plan designates the property for General Commercial land uses; and
WHEREAS, the petitioner requested an amendment to the hours of operation for the
existing car wash to allow it to be open on Sundays from 8 a.m. until 6 p.m. (instead of being closed on
Sundays), to permit a modular office trailer under authority of Code Sections 18.03.030.010, 18.03.091,
18.03.092 and 18.45.050.080, and for waiver of minimum number of parking spaces; and that the
petitioner submitted revised exhibits (labeled Exhibit Nos. 1 and 2, dated April 29, 2003) to illustrate the
propas~d modif~cations; ar~d
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 16, 2003, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and that said public hearing was continued to the
June 30 and July 14, 2003 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That subsequent to this Conditional Use Permit being re-advertised, the petitioner revised
the request to delete the accessory take-out food service and the modular office trailer, and that the
parking waiver was also deleted.
2. That the use, as amended, is properly one for which a conditional use permit is
authorized by the Zoning Code.
3. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
4. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
5. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. That amending the hours of operation will not, under the conditions imposed, be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Tracking No. CUP2003-04712
cr\PC2003-111.doc -1- PC2003-111
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7. That this Conditional Use Permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations previously approved by the Planning Commission.
8. That this Conditional Use Permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
9. That the approved modification, including amending the conditions of approval, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the conditional use permit as originally granted.
10. That no one indicated their presence at said public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC2001-138, adopted in connection with Conditional Use Permit No. 2001-
04435, to expand the hours of operation in connection with the car wash to include Sundays 8:00 a.m. to
6 p.m., to delete the previously-approved accessory take-out fast food service, and to amend the
conditions of approval in their entirety, to read as follows:
That there shall be no public telephones on the premises, which telephones are located outside the
building.
2. That all existing and proposed roof-mounted equipment shall be screened from view in accordance
with the requirements of the CG (Commercial General) Zone. Said information shall be specifically
shown on the plans submitted for building permits.
3. That no portable canopies or awnings other than those shown on Exhibit No. 1(i.e., the detail
canopy and customer waiting area canopy adjacent to Ohio Street) shall be permitted.
4. That no advertisement of food or drink shall be permitted. Any additional signs shall be subject to
review and approval by the Planning Commission as a'Reports and Recommendation' item.
5. That the hours of operation shall be limited to 8 a.m. to 6 p.m, daily.
6. That a non-audible system shall be used to inform customers that their vehicle is ready for pick-up.
7. That all outdoor activities shall comply with the requirements of Chapter 6.70 (Sound Pressure
Levels) of the Anaheim Municipal Code.
8. That on-site tables and seating areas shall be limited to those shown on Exhibit No. 1 submitted by
the applicant and approved by the Planning Commission, and on file with the Planning Department.
9. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removat of graffiti within twenty
four (24) hours from time of occurrence.
10. That no public address ("PA") system shall be used on the premises.
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11. (a) That the vacuum and dryer equipment shall be entirely enclosed in the equipment room;
and that the doors to the equipment room shall be solid core construction and equipped with
self-closing devices. Said information shall be specifically shown on plans submitted for
Building Division approval.
(b) That sound pressure levels at the property line to the south (abutting the public alley) shall be
measured after the vacuum equipment enclosure is constructed to ensure compliance with
Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. If the enclosure is
inadequate to buffer the sound emanating from the vacuum and dryer equipment, the
applicant shall be required to install sound attenuating material to the interior of the enclosure
and/or to completely enclose the equipment area such that sound pressure levels at the
property line comply with Code standards.
12. That the trash enclosure shall be refurbished and repaired, including removing graffiti, repairing the
enclosure doors and removing concrete debris from the enclosure area.
13. That no banners or other advertising visible to adjacent streets shall be displayed inside the car
wash tunnel unless a Special Event Permit is first obtained.
14. That trash storage area(s) shall be provided and 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 area(s) shall be designed, Iocated and screened so as not to
be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
- ctinging vines pEanted on r~aximu~ .three-_(3) foo-t centers. or tall shrubbery.
15. 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.
16. 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.
Said turn-around area shall be specifically shown on the plans submitted for building permits.
17. That the car wash shall comply with all state laws and local ordinances pertaining to Water
Conservation Measures.
18. 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 3, excluding the accessory fast food service which was
deleted by the petitioner and is, therefore, not permitted; and as conditioned herein.
19. That within a period of two (2) months from the date of this Resolution, Condition Nos. 2, 11, 12, 15,
17, 18 and 21, herein-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.
20. That approvaf 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 appticable 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.
21. That decorative permanent trash containers shall be installed to serve the customer waifing area.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 28, 2003.
H IRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/ (,~~i
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 28, 2003, by the following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
RBS€NT:
VACANCY:
~~~:~~
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIOf~ERS:
COMMISSIONERS:
IN WITNESS WHE
~i , 2003.
BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT
NONE
FLORES
N~1N~ - _
ONE
REOF, I have hereunto set my hand this ~ day of
. ~ _
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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