Resolution-PC 2004-20• •
RESOLUTION NO. PC2004-20
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04823 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
THE WEST 207.00 FEET OF THE NORTH 2O3.00 FEET OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO SAN JUAN CAJON
DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 9, 2004 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed conditional use permit 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 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 and 18.44.050.195 to wit: to remodel and
expand an existing service station with a convenience market and accessory self-serve car wash with waiver of:
Section 18.44.063.010 - Minimum structural setback and vard requirements abuttinq an arterial hiqhwav.
(10 feet, fully landscaped, required adjacent to La Palma Avenue;
5 to 10 feet existing and proposed)
2. That the requested waiver is hereby approved because there are special circumstances
applicable to the property; that the reduction in the landscaped setback, which pertains to a 52-foot long
portion along La Palma Avenue, will be similar to the existing landscaped setback; and that the reduction will
benefit on-site traffic and circulation.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
4. 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 property was previously utilized as
a service station.
5. That the size and shape of the site for the proposed use 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.
6. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
7. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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8. That no one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 3, 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
That the parking lot of these premises shall be equipped with decorative lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of nearby residences. Said information shall be specifically
shown on the plans submitted for building permits.
2. That the applicant shall be responsible for maintaining the premises (over which the applicant has
control) litter free.
3. That there shall be no video, electronic or coin-operated games, or pool tables or other amusement
devices maintained upon the premises at any time.
4. That the hours of operation of the car wash shall be limited to 7 a.m. to 9 p.m., daily.
5. That any public telephones proposed on-site shall be located inside the convenience market.
That all trash shall be properly disposed of in trash bins contained within approved trash enclosure(s).
The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to
ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement
Division of the Planning Department shall determine the need for additional bins or additional pick-ups.
All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business
owner.
7. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building.
8. That window signage shall not be permitted for the service station or convenience market. All fixtures,
displays, merchandise and other materials shall be set back a minimum of three (3) feet from all window
areas.
9. That no seating or table areas for the service station/convenience market shall be provided on-site for
food consumption.
10. That during business hours of the service station/convenience market, one (1) unisex restroom shall be
available to the public, and shall be properly supplied and maintained. Said facility shall be specifically
shown on the plans submitted for building permits.
11. That, in conformance with Anaheim Municipal Code subsection 18.44.050.070 pertaining to the removal
of closed service stations, an unsubordinated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove the service station structures in the event that the 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. A copy of the recorded agreement
shall be submitted to the Zoning Division.
12. That no propane tanks shall be permitted.
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13. That a final landscaping and irrigation plan showing the following modifications shall be submitted to the
Zoning Division for review and approval:
• That an additional five (5), eight (8) to ten (10) foot high, BTH Queen Palm trees shall be planted in
the landscaped setbacks adjacent to La Palma Avenue and Sunkist Street (for a total of eight (8)
trees along each street frontage).
• That the landscaped planter area proposed at the northeast corner of the property shall be
extended southerly to the first four foot by four foot (4' x 4') tree well.
• That a total of five (5) trees and associated planters shall be installed within the parking areas as
required by the Zoning Code. Any proposed trees shall be evergreen and a minimum twenty four
inch (24") box sized or eight (8) to ten (10) foot BTH in size.
• That the landscaped setback areas along La Palma Avenue and Sunkist Street shall include a
minimum three (3) foot high berm.
• That shrubs shall be evenly distributed throughout all planting areas.
• That vines shall be planted adjacent to the trash enclosure(s) to reduce graffiti opportunities.
14. That all trees shall be properly and professionally maintained to ensure mature and healthy growth, and
shall not be unreasonably trimmed.
15. That a comprehensive final sign plan shall be submitted to the Zoning Division for review and approval.
Any decision by the Zoning Division regarding signage may be appealed to the Planning Commission
as a'Reports and Recommendations' item.
16. That final elevation plans for the new construction/remodeling shall show that modified architectural
enhancements are incorporated into the project. Such plans shall be submitted to the Zoning Division for
review and approval, and shall include the following:
That the brick veneer treatment cap shall be enlarged/enhanced on each building elevation and
the canopy columns to provide depth and articulation to the structures.
That faux angular support brackets or similar architectural devices shall be installed on the support
columns to enhance the design of the existing canopy.
Any decision by the Zoning Division regarding the final elevation plans may be appealed to the Planning
Commission as a`Reports and Recommendations' item.
17. That four (4) foot high address numbers shall be displayed on the roof of the new convenience market
building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
18. That an Irrevocable Offer of Dedication shall be submitted to the City of Anaheim for an easement for a
corner cut-off at the La Palma Avenue and Sunkist Street sidewalk access ramp in accordance with Public
Works Standard Detail 111-2.
19. That the proposed monument sign shall be located so as not to encroach into the easement for the sidewalk
access ramp required in Condition No. 18, above. Said information shall be specifically shown on the plans
submitted for building permits.
20. That the petitioner shall prepare street improvement plans for a five (5) foot wide sidewalk and five (5)
foot wide parkway along the full length of the projecYs frontage along La Palma Avenue, and a five (5)
foot wide sidewalk and eight (8) foot wide parkway along Sunkist Street, in accordance with Public
Works Standard Detail 160. The sidewalk access ramp shall be reconstructed in compliance with
Public Works Standard Detail 111-2. Plans shall be submitted to the Public Works Department,
Development Services Division, for review and approval by the City Engineer, and a bond shall be
posted with the City in a form approved by the City Attorney prior to approval of the grading plan. Said
improvements shall be constructed prior to final building and zoning inspections.
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21. That the car wash shall utilize a recycled water system. Said system shall be specified on the plans
submitted for building permits.
22. That the applicanUowner shall install parkway landscaping and irrigation between the sidewalk and the curb
along La Palma Avenue and Sunkist Street in accordance with Public Works Standard Detail 160, and shall
obtain a Right-of-Way Construction Permit from the Development Services Division for all work perFormed
in the right-of-way. A bond shall be posted with the City in an amount approved by the City Engineer and a
form approved by the City Attorney prior to approval of the grading plan. The improvements shall be
constructed prior to final building and zoning inspections.
23. That the legal property owner shall submit an application and a seven hundred fifty six dollar ($756)
plan checking deposit for a Subdivision Map Act Certificate of Compliance to the Public Works
Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of
Compliance will be approved by the City Engineer and shall be recorded in the Office of the Orange
County Recorder prior to issuance of a building permit.
24. That no alcoholic beverages shall be available for sale in the convenience market.
25. That the car wash shall comply with all state laws and local ordinances for Water Conservation
Measures. Voluntary water conservation strategies shall be encouraged.
26. That prior to commencing operation of this new business, a business license shall be obtained from the City
of Anaheim Business License Division.
27. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the
plans submitted for building permits.
28. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. The plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and
shall be subject to review and approval by the appropriate City departments.
29. That all backflow equipment shall be located above ground outside the required street setback areas in
a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside the street
setback areas in a manner fully screened from all public streets. Said information shall be shown on
plans submitted to the Water Engineering Division and the Cross Connection Control Inspector for
review and approval prior to submittal of plans for building permits.
30. 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, located 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 clinging vines planted on
maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits.
31. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
32. 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.
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33. That an on-site trash truck turnaround shall be provided. Said information shall be specifically shown
on plans submitted to the Public Works Department, Streets and Sanitation Division, for review and
approval.
34. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
35. That all existing water services and fire lines shall conform to current Water Services Standards and
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or shall be abandoned if the existing service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or abandon any water
service or fire line.
36. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with the approved plans.
37. That the remaining driveways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically
shown on the plans submitted for building permits.
38. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight
distance visibility for the new monument sign location.
39. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
40. That the owner/developer shall complete and file a Burglary/Robbery Alarm permit application, Form APD
516, with the Anaheim Police Department.
41. That the on-site landscaping including the trees shall be maintained in a healthy condition. Any landscaping
which is damaged, diseased or dies shall be replaced in a timely manner.
42. That no outdoor vending machines which would be visible off-site shall be permitted.
43. That the driveway on La Palma Avenue closest to the intersection and the driveway on Sunkist Street
furthest from the intersection shall be removed and replaced with curb, gutter, sidewalk and landscaping
in conformance with engineering standard plans.
44. That landscaped containers shall be provided at the ends of each pump island.
45. 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 7, and as conditioned herein.
46. 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, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 23, 25, 27,
28, 29, 30, 31, 33, 36, 37, 38, 40 and 43, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time
Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and
Administrative Adjustments) of the Anaheim Municipal Code.
47. That prior to final building and zoning inspections, Condition Nos. 20, 22, 26, 35, 44 and 45,
above-mentioned, shall be complied with.
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48. 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 Anaheim City Planning Commission 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 condition, 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 was adopted at the Planning Commission meeting of
February 9, 2004. n /~
~'~~i~v~n n li ~1 Mi! n M A H~~ 'T / 1 / M w/ IL'~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: " ~
i~~ ~~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS V'
C , 2004.
BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NONE
NONE
JHEREOF, I have hereunto set my hand this ~~ day of
i~r'~o
SENIOR SECRETARY, ANAHEIM CITY PL ANNING COMMISSION
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