Resolution-PC 2004-4• •
RESOLUTION NO. PC2004-4
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING VARIANCE NO. 447, AND
AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 3043
AS AMENDED BY RESOLUTION NOS. PC98-32 AND PC2001-22,
ADOPTED THEREWITH
WHEREAS, on December 20, 1955, the Anaheim City Council did, by its Resolution No.
3043, grant Variance No. 447 to construct a gasoline service station on the westerly portion of a 0.5-acre
property located in the R-2 (Two Family Residential) Zone; and that the property is located at the
southeast corner of Broadway and East Street with frontages of 211 feet on the south side of Broadway
and 100 feet on the east side of East Street; and
WHEREAS, on October 13, 1997, the Anaheim City Planning Commission initiated a public
hearing to consider modification or revocation of Variance No. 447 after the Planning Department
received numerous complaints regarding this service station and issued numerous Notices of Violation;
and that on March 16, 1998, the Planning Commission did, by its Resolution No. PC98-32, amend, in
their entirety, the conditions of approval of the above-mentioned Resolution No. 3043 including to
establish a time limitation whereby the gasoline service station with accessory automotive repair was
permitted for period of three years to expire on March 16, 2001, and
WHEREAS, on February 12, 2001, the Planning Commission did, by its Resolution No.
PC2001-22, reinstate Variance No. 447 to retain the existing gasoline service station with accessory
automotive repair for a period of three years; and that the Planning Commission also amended the
conditions of approval in Resolution No. 3034, as amended by Resolution No. PC98-32, including
Condition No. 1 which reads as follows:
1. That the subject variance shall expire three (3) years from the date of this
resolution on March 16, 2004.
WHEREAS, the west 125 feet of this property is developed with a service station with
accessory automotive repair facilities at 300 South East Street and 1200 East Broadway (Anaheim
Service Station) and the east 86 feet is developed with two multiple-family dwelling units at 1212 East
Broadway; that the zoning is RM-2400 (Residential, Multiple-Family); and that the Anaheim General
Plan designates the property for Medium Density Residential land uses; and
WHEREAS, the petitioner has requested reinstatement of this variance to retain the
existing gasoline service station with accessory automotive repair, including modification or deletion of the
time limitation, pursuant to Sections 18.03.091 (Termination or Modification of Amendments, Conditional
Use Permits or Variances - Procedure), 18.03.092 (Termination or Modification of Conditional Use
Permits or Variances - Grounds) and 18.03.093 (Extensions of Conditional Use Permits and Variances
Approved with Time Limitations) of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 12, 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, to hear and consider evidence 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:
Tracking No. VAR2003-04591
cr\PC2004-4/doc -1- PC2004-4
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1. That the use, as reinstated, is properly one for which a variance was authorized by the
Anaheim Municipal Code when the use was originally approved in 1955.
2. 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.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimentai to the particular area nor to the peace, health, safety and general
welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry traffic in the area.
5. That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this variance is being exercised in substantially the same manner and in conformance
with all conditions and stipulations previously approved by the City Council and Planning Commission.
7. That this variance 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.
8. That the owner of the two multiple-family dwelling units at 1212 East Broadway spoke at
the public hearing to clarify that her parcel was separate from the subject service station parcel and to
express her concern about the space between the two block walls along the shared property line, which
space is being used for trash, etc.; and that 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 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 reinstate Variance No. 447 to retain and permit the existing gasoline service station with
accessory automotive repair for five years until March 16, 2009;
AND BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. 3043 as amended by Resolution Nos. PC98-32
and PC2001-22, adopted in connection with Variance No. 447, to read as follows:
That this variance shall expire on March 16, 2009.
2. That within a period of ninety (90) days from the date of this Resolution, the property owner shall
complete the following:
(a) RepainUrefurbish the existing service station building and monument sign.
(b) Replace the wooden slats in the existing chain link fence with PVC slats as required by the
Zoning Code.
(c) Plant and maintain trees or shrubs in the planter pots located adjacent to the service station
building.
(d) Remove the razor wire installed on the existing chain link fencing or relocate the razor wire
such that it is not visible to any public right-of-way.
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That trash storage area(s) shall be maintained to the satisfaction of the Streets and Sanitation
Division, Department of Public Works, and in compliance with the minimum requirements including
the installation and maintenance of doors to screen the trash bins from the public's view.
4. That no outdoor storage or display of vehicles or vehicular parts shall be permitted; and that no
outdoor work of any kind (inciuding any operation where only part of the car is located inside the
building, except for smog checks on front wheel drive cars) shall be conducted on the property.
That the existing public telephone shall remain located inside the service station building or removed
from the property.
That the owner of the subject property shaii be responsible for the removal of any on-site graffiti
within twenty four (24) hours of its application.
That landscaping consisting of trees, shrubs, groundcover and flowering plants shall be maintained
in the landscaping planters and large above-ground planter boxes or pots.
8. That clinging vines shall be maintained on maximum three (3) foot centers adjacent to all masonry
walls and trash enclosure walls visible to the public rights-of-way.
9. That overnight vehicle parking shall be limited to inside the building or to the fenced yard to the rear
of the building.
10. That only gasoline sales, oil changes, smog checks, brakes, tune-ups, air conditioning services and
diagnostic services shall be permitted.
11. That no automobile bodywork, major transmission repair, major engine overhaul, painting and/or
retail sales of automobiles, their parts or tires shall be permitted.
12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of
providing an area for outdoor work or any other outdoor activity associated with this business shall
be permitted anywhere on the property.
13. That the primary use of this business shall be gasoline sales in accordance with the original approval
of this Variance No. 447.
14. That no propane tanks shall be permitted.
15. That all vehicles awaiting service shall be parked on-site; and that no adjacent or nearby public
streets shall be utilized for any parking related to this business.
16. That the existing wall sign on the north elevation ("Anaheim Service Station - Smog Check") shall be
permitted; and that any new sign, including any freestanding sign, shall comply with the standards
of the underlying RM-2400 (Residential, Multiple-Family) Zone unless a separate variance
application is submitted to and approved by the Planning Commission and/or City Council. Any new
sign which is permitted by the RM-2400 Zone shall be subject to review and approval by the
Planning Commission as a`Reports and Recommendations' item.
17. That a maximum of six (6), maximum fifty five (55) gallons each, drums may be stored immediately
adjacent to the rear of the service station building in leak-proof enclosures. Such drums shall not to
be located within view of the public rights-of-way.
18. That the approved plan sheet for solid waste storage and collection and a plan for recycling shall be
adhered to as approved by the Streets and Sanitation Division of the Public Works Department.
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19. That any tree, shrub, groundcover or flower planted on-site shall be replaced in a timely manner in
the event that it is removed, damaged, diseased and/or dies; and that no tree or other landscaping
shall be unreasonably trimmed.
20. That this approval is granted subject to the business operating as a gasoline service station which is
properly maintained in conformance with all conditions of approval and applicable Code
requirements.
21. That, as stipulated to by the property owner, the hours of operation shall be limited to:
Gasoline sales: 7 a.m. to 10 p.m. daily
Automotive repair: 7 a.m. to 7 p.m. daily
22. That this property shall be developed and maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the property owner and which plans are on file
with the Planning Department marked Exhibit No. 1; and as conditioned herein; provided, however,
that the proposed snack shop is no longer part of this approval, as stipulated by the petitioner at the
March 16, 1998, public hearing.
23. That the property owner shall maintain an unsubordinated recorded agreement with the Office of the
Orange County Recorder agreeing to remove the service station structures, including underground
tanks, in the event that the service station is closed for a period of one (1) year. A service station
shall be considered closed during any month in which it is open for less than fifteen (15) days.
24. That the property shall be maintained in accordance with the approved plans including compliance
with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking
standards and driveway Iocations.
25. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 12, 2004.
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RPERSON, ANAHEIM CITY PLANNING COMMISSION
A'
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 January 12, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHE
, 2004.
BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NONE
NONE
REOF, I have hereunto set my hand this 12~~ day of
( ~ _ /~7 ,~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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