Resolution-PC 2003-79~
RESOLUTION NO. PC2003-79
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. 270, SERIES 1961-62, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 214
WHEREAS, on March 19, 1962, the Anaheim City Planning Commission did, by its
Resolution No. 270, Series 1961-62, grant Conditional Use Permit No. 214 to permit a service station at
the southeast corner of Ball Road and State College Boulevard; and that Condition No. 1 of said
Resolution specifies "Development substantially in accordance with Exhibit Nos. 1 and 2"; and
WHEREAS, this property is developed with a service station at 1200 South State College
Boulevard; that the zoning is CL (Commercial, Limited); and that the Anaheim General Land Use
Element designates the property for General Commercial land uses; and
WHEREAS, under authority of Section 18.03.091 of the Anaheim Municipal Code, the
petitioner has requested approval of an above-ground propane tank in conjunction with the existing
service station and has submitted Revision No. 1 of Exhibit 1, a site plan illustrating the existing service
station with the proposed propane tank; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 2, 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 heac and cansider euide~ce for and against said proposed amendment and to investigate and_ make
findings and recommendations in connection therewith; 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 a service station, including the sale of propane, is an authorized use in the CL Zone
subject to approval of a conditional use permit.
2. That the proposed above-ground propane tank in conjunction with the existing service
station will not adversely affect adjoining commercial land uses and the growth and development of the
area; and that the proposed propane tank, with proper screening, is compatible with the surrounding
commercial land uses.
3. That the size and shape of the site for the use, as proposed to be modified, is adequate to
allow full development of the proposal in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. That the traffic generated by the use, as proposed to be modified, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
5. That amending this Conditional Use Permit, under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this Conditional Use Permit has not been exercised contrary to the terms or conditions
of the original approval, or in violation of any statute, ordinance, law or regulation.
7. That this Conditional Use Permit has not been exercised so as to be detrimental to the
public health or safety, or so as to constitute a nuisance.
Tracking No. CUP2003-04703
CR\PC2003-079.doc -1- PC2003-79
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8. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety and general welfare, and necessary to
permit reasonable operation of the use under the conditional use permit as originally granted.
9. That no one indicated their presence at the 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 11, 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. 270, Series 1961-62, adopted in connection with Conditional Use Permit
No. 214, to permit an above-ground propane tank in conjunction with the existing service station, and to
amend the conditions of approval in their entirety to read as follows:
That plans shall be submitted to the Zoning Division showing the installation of a horizontal propane
tank, with a maximum overall height of five (5) feet.
That a plan shall be submitted for Zoning Division for review and approval showing a four (4) to six
(6) foot high decorative masonry block wall which will be constructed directly to the north of the
propane tank in order to provide adequate screening along Ball Road. Said wall shall be protected
from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines
planted on maximum three (3~ foot centers or tall shrubb~ry, Said _information shall be specificaUy
shown on the plans submitted building permits.
3. Thaf no signs advertising the propane tank shall be permitted on either the propane tank or the
decorative masonry block wall.
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
5. That the trash storage area(s) shall be refurbished to the satisfaction of the Public Works
Department, Streets and Sanitation Division, to comply with approved plans on file with said
Department.
6. That the owner of the subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2745 (to permit a self-service car wash in conjunction with
an existing service station).
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 No. 1 and Exhibit No. 2.
8. That prior to commencement of the activity authorized by this Resolution, or prior to issuance of a
permit by the Building Division for the propane tank, or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition Nos. 1, 2 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 Municipaf Code.
9. That prior to commencement of the activity authorized by this Resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 5 and 7, above-mentioned, shall be
complied with.
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10. 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.
June 2, 2003.
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
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Commission held on June 2, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, KOOS, ROMERO, VANDERBILT
lVOES: COMMlSSlONERS: lVONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN
VACANCY: COMMISSIONERS: ONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~5 ~ day of
, 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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