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Resolution-PC 2009-031RESOLUTION NO. PC2009-031 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APFROVING A REINSTATMENT OF VARIANCE NO. 447, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 3043 (TRACKING NO. VAR2008-04766) (300 SOUTH EAST STREET) WHEREAS, on December 20, 1955, the Anaheim City Council adopted Resolution No. 3043 granting Variance No. 447 to construcC a gasoline service statian at 300 South 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 numero~s complaints regarding this service sta6on and issued numerous Code Enforcement Notices of Violation; and on March 16, 1998, the Planning Commission, by its Resolution No. PC98-32, amended, in its entirety, the conditions of approval of the above mentioned ResoluCion No. 3043 including a t3me limiYaCion whereby the gasoline service sYarion with accessory automotive repair was permitted for a period of three (3) years to expire on March 16, 20D1; and WHEREAS, on Pebmary 12, 2001, Che Planning Commission, by its ResoluCion No. PC2001-22, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of three (3) years; and the Planning Commission further amended the conditions of approval in Resolution No. 3043, as amended by Resolution PC98-32; and WI-IEREAS, on January l2, 2004, Yhe Planning Commission, by iYs Resolution No. PC2004-4, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of llve (5) years, Co expire on Mazch 15, 2009; and the Planning Commissipn fur[her amended the conditions of approval in Resolution No. 3043, as amended by Resolution Nos. PC98-32 and PC2001-22; and WHEREAS, this pzoperty is currently developed wiCh a gasoline service station and accessory automobile repair facility; the underlying zoning is Multiple Family Residential (RM-3) Zone and the Anaheim General Plan designates this property for Low Medium Density Residential land uses; a~d ~ WHEREAS, the Aoaheim City Planning Commission did receive a verified Petition for a reinstatement of V ariance No. 447 to retain a previously-approved gasoline service station and accessory automobile repair faeiliYy and to amend the pemvt to delete a condition of approval pertaining to a time limitation pursuant to Code Section No. 18.60180 of the Anaheim Municipal Code for certain real property situated io the Cfty of Anaheim County of Orange, StaCe of California, shown on Exhibit "A", aftached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 2, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by 1aw and in accozdance with Che provisioos of the Anaheim Municipal Code, - 1 - PC2009-031 Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in conneetion therewith; and WHEREAS, said Commission, after dae inspection, investigation and sCUdy 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 facCS - l. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in Chis cbapter exist. 2. The permiC is being exercised substaotially in the same manner and in conformance with all conditions and stipulations approved pursuant to Resolution No. 3043, as amended by Resolution Nos. PC98-32, PC2001-22, and PC2004-4. 3. The 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. 4. With regard only to Che deletion of a cime limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the sunounding area. 5. That the existing use at Che time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and developmenC of the area in which it is located. 7. That Che size a~d shape of the site Por the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety. 8. That the Craffic generated by the existing use wall not impase an undiie hurden upon the streets and higl~ways designed and improved to carry the traffic in Che area. 9. That the granting of the reinstatement of the conditional nse permit under the conditions imposed, if any, will not be detrimental to the healCh and safety of the citizens of the City of Anaheim. 10. That no one indicaTed their presence at said public hearing in opposition; and Chat no correspondence was received in apposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that a Class 1 Categorical Exemption in connection with Variance No. 447 (Tracking No. VAR2008-04766) is adequate to serve as the required envaronmenCal documentation in conneeCion with this req~esC. BE 1T FURTHER RESOLVED thaY the Anaheim City ~'lanning Commission, for the reasons hereinabove stated does hereby approve the proposed reinstatement of Variance No. 447 to permit a gasaliue service station witt~ accessory automotive repair on property located at 300 South East Street as requested by the applicant. - 2 - PC2009-031 BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection wiYh City Council Resolution No. 3043, as amended, and as adopCed in oonnecCion with Variance No. 447, To delete the time limitation and to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of C6e citizens of tUe City of Anaheim. BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No. 3043 remains in full force and effect. BE IT FIJ32THER RESOLVED, that this peraait as approved without limitations on Che duration of the use for this permit. Amendme~ts, modifications and revocatipns of this permit may be processed in accordance with Chapters 18.60190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or ModifiaaCion of PernuCS) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find a~d determine Chat adopYion of Chis Resolution is expressly predicated upor~ applicant's compliance with each and all of the conditions hereinabove set forth. Should any suah condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolation, and any approvals berein contained, shall be deemed null and void. BE IT FURTHER RESOLVED Chat the applicant is respoosable for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failnre to pay all charges shall result in the revocaCion of the approval of Chis application. T`HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 2, 2009. Said resolution is subject to the appeal provisions set forYh in Chapter 18.60 "Procedures" of the Anaheim Municipal Code perCaining to appeal procedures and may be replaced by a City Couocil Resolution in the evenC of an appeal. ATI'EST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2009-031 STATE OF CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHBIM ) I, Grace Medina, Senior Secretary of Yhe Anaheim Ciry Planning Commission, do hereby certify that the toregoing resolutian was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand Yhis 16'~ day of March, 2009. SENIOR S~CRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2009-031 E\HIBIT "A" VARIANCE NO. 2008-0~1766 -5- PC2009-031 EX~IT "B" VARIANCE NO. 447 (TRACKING NO. VAR2008-04766) RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1 No outdoor storage or display of vehicles or vehicular parts shall be ' Code Enforcement permitted, and no outdoor work of any kind (including any ; operation where only part of Che car is located inside the building, except for smog checks) shall be conducted on the propedy. 2 Landscaping consisting of trees, shrubs, groundcover and flowering Code Enforcement plants shall be maintained in ehe landscaping planters and large above-ground planter boxes ar pots. 3 Clinging vines shall be maintained adjacent to all perimeter Code Enforeement masonry walls aud trash enclosure walls visible to Yhe public rights- of-way. 4 Overnight vehicle parking shall be limited to inside the building or Code Enforcement to the fenced yard ro the rear of the building. 5 Only gasoline sales, oil changes, smog checks, brakes, tune-ups, air Code Enforeement conditioning services, and diagnostic services shall be permitted. 6 No automobile body work, major transmission repair, major engine Code Enforcement overhaul, painting and/or retail sales of automobiles, the9r parts or ' tires shall be pernutted. 7 No canopies, awnings, or similar types of overhead shade Code Enforcement coverings for the purpose of providing an azea for outdoor work or any other outdooz activity associated with this business shall be permitted anywt~ere oo the property. 8 The primary use of Chis business shall be gasoline sales in Code Enforcement accordance with the original approval of this Variance No. 447. 9 No above ground propane tanks shall be permitted. Code Enforcement - 6 - PC2009-031 10 Trash storage areas shall be provided and mai~tained in a location P~blic yVorks acceptable to the Pablic 1~Vorks DepartmenC and in accordance with approved plans on file with said DeparCment. Such information shall be specifically shown on the plans submitted for building permits. 11 All vehicles awaiting service shall be parked on-site; no adjacent or Code Enforcement nearby public streeCS shall be utilized for any parking related to this business. 12 A maximum oY six (6), ma~cimum fifty five (55) gallons eacl~, Fire, Code drums may be stored immediately adjacent to the rear of the service Enforcement station building in leak-proof enclosures. Such dmms shall not to be located within view of the public rights-of-way. 13 The approved plan sheet for solid waste storage and collection and Public Works a plan for recycling shall be adhered to as approved by the Streets and Sa~itation Division of the Public Works DepazCment. 14 Any tree, shrub, groundcover or flower planted on-site shall be Code Enforcement replaced in a timely manner in the event it is removed, damaged, diseased and/or dies. 15 Tbis approval is granted subject to the business operating as a Code Enforcement gasoline service station which is propedy maintained in ~~ ~ co~formance with all conditions of approval and applicable Code reqnirements. 16 The hours of operation shall be limiCed ta Code Enforcement Gasoline sales: 7 a.m. to 10 p.m. daily Automotive repair: 7 a:m. to 7 p.m. daily 17 The applicant shall be responsible for mainkaining the area adjacent Code Enforcement to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjaceut area under tbe control of the licensee shall be removed or paipted over within two business days of being applied. 18 Approvat of this application consCitutes approval of the proposed Planning ' requesC only to the extent Chat is complies witt~ the Anaheim Municipal Zoning Code and any oCher applicable City, State and Federal regulations. Approval does not include any actio~ or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 - PC2009-031 19 The property ow~er shall pay the costs of Code Enforcement Code Enforcement inspections every six (6) months for the firsk two (2) years from the date of this resolution, and as ofte~ as necessary thereafter until the subject propeny is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. - 8 - PC2009-031