Resolution-PC 94-106RE LUTION NQ. PC94-10~
A RESOLU710N OF THE ANAI-1EIM CITY PLANNING (:OMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 370A BE GRANTE~, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verifled Petition for
Conditfonal Use Permit for certain real propQrty situated in tho Clty of Anaheim, County of Or~nge, State
of CAlifornia, described as:
THE SOUTH 2O0,OU FCET AF THE WEST 200.00 ~EET UF THE SOUTHWEST
~UAR7ER OF THE SOUTHWEST QUAf~TER OF SECTION 17, 70WNSMIF 4
SOUTH, RANGE 10 WE~T, IN THE RANCHO Lc~S COYQTGS, AS SHOWN ON A
MAP RECOFtDED IN BOOK 51, PAGE 10 OF MISCELLANEOUu MAPS, RECORDS
OF ORANGE COIJNTY, CAlIFOiiNIA.
WHEREAS, the City Pl~nning Commission did hold a public hear(ng at the Cfvic Center
in the City of Anaheim on August e, 199A at t:30 p,m., notfce of sa(d public hearing having been duly
givon as requ~red by law and in accordance with the provis~ons uf the Anahelm Mun(c(pal Coda, ~hapter
18.03, to hear anrJ considor evidence for and ayainst said proposod conditional use permit and to
Investigate and rnalce findings and ror,ommendations in conn~ction therewith; and
WHEREAS, sald Commission, aftor due inspectlon, (nvestigatlon and study made by itself
dnd in its behalf, ~nd after dud considoratlon of all evidence and reports offerF:c1 at said hearing, does find
and determine the following facts:
1. 7hat the ~roposed use is properly one for which a conditional use permft Is authorized by
AnaPieim Munfcipal Cocle Sectlons 18.44.050.070 and 19.44.050.080 to remodel an automobile service
staiion ar.d to construct a car wash facility wfth wa(vors of the Following:
(a) $g~Rions t 8.44 OSQ.07o
n t . 7•030,UyQ
(b) S~cti~c ns 18.05,069.021.0211
~.in ~ .8 A4.067
(c) ~ection 18.On.06~.013
and 18.44.063.05U
Minimum di~t,~~e between ~rvice stations.
M~x,imum "self service" ~i,qn area.
(~.ft. ~er face permftted; ,§~q.i_c. proposeci)
Minimum landscapinci alorig street front~aaes.
2. That waivars (a) and (c) are hereby cionied because they are unnocossary and were
mistakenly acivertiserJ;
3. That waiver (b) is tiereby denied on the basfs that the propuszl meets the intent of the
i.on(ng Code;
q. That the~ proposed use is propecly ant~ for which a conditlonal use pennit is author(zed by
tlie Zonfng Code;
5. TN~ t ihe proposed use will not adversely affect the ad~oining land uses and tho gro~Nth nnd
deve ~pment of the area In which it is proposed to be locateci because an autom~bfle sorvfce station has
exist~~ on subjact property since 1956 snd because an acoustical analysis was sutmitted and
sub:~tantiated that the noise level of tho carwasf~ t~mnel and dryer unft would not exceed a maximurn noise
leve• of 60 decfbels at the property Ifnes, as roquireJ by Caie;
CFi2165MS.WP -1- PC94-106
6. That tho size and shape of thA site for tha propased use is adequate to allow the full
developmont of the proposecl uso In a mannor not detrimental io the partfcular area nor to the peace,
health, safoty, and goneral wel(are;
7. That the traNic generated by ths pr•opo,od use will not fmposo an undue burden upon tho
streets and highways designed and irnprnvod to carry the traffic In the aroa;
8. That the granting of the conditional use parmit under the conditions imposed will not bo
detrimental to ti~e peace, health, safety and general welfare of the citizens uf the City of Anaheim; and
9. That no ono indicated their presence at said public hearing in op~rositfon; and that no
correspondence was received In oppositlon to the subject petition.
CALIFORNIA ENVIRUNMENTAL OUALITY ACT FINpIN~,: That the Anaheim Gfty Planninp
Commission has revieweo the proposal to remodel an automobile servicc~ statlon and to construct a car
wash facility with waivers of mir„mum distance between servft;e statfons, rnaximum "self service" sign area
and minimum landscaping alonc~ stroet frontagos o~ n rectangularly shapecS parcol of land consistinc~ uf
approximately 0.47 acro locat~d at the northeast curiiar of E3all Road and Brookhurst StreeY, having
approximete Frontages of 1Qp teet on the north sid~ of Bell Road and 147 feet on ths east side of
Brookhurst Streot and further described as 956 South Brookhurst Stroet; and does hereby appr~ve the
Negatfve Declaratfon upan tinding th~t the docl~ration roilects tho independent Judgemerit of the lead
agency and that ft has considPred the Nepative Deciaration together with any comments rec:eived during
the public review process and further finding on the basfs of the Initial study and any comm~nts receiverJ
that there fs no substan;lal evidence that the proJect will have a signiflcant effoct on the ernfronment.
NOW, THEREFURE, 6.F. IT RESOL`1ED that tho Anahoim City Planning Comm!ss(on does
heroby grant sub(ect Petition for Conditional Use Permit, ir, part, upon the following conditions which aro
hereby found to be a ner.essary prerequisite to the proposed use of the subJect property in order to
preserva thQ safety and yenerai weifare o( the Citizens of tho City of Anaheirn:
t. 'ihat the sale of alcoholic beverages (or off nremises consumption is prqhibited.
2. That the carvvash shall not operate between tno hours of 10:00 p.m. and 7:00 a.m.
3. That the existin~ driveway an Ball Road near the Intersection of Bal! Road and Brookhurst Street shall
Le removed and roplaced wfth standard curb, gutter, s(dewalk and landscaping.
4. That a plan sheet for solid waste storage and coilection, ~nd a plan for recycling shall bo submftted
ta the Department of Mafntenance for reviaw and approval.
5. 7hat subJect property sl~all be developed substantially fn accordanco wi~h pians ana speciticatEons
submitted to the City of Anaheim by tho petitioner and wh!ch plans are on file wi41i the Planning
Department markpd Exhibit Nos. t through 5; provide~, however, that any ireostanding signage shall
cumply with Condition No. 7 herein.
6. That the owner of subject proparty shall submiY a lettor requesting termination of Variance No. 2788
(permitting a photo kiosk In con~unctiun wfth a s3rvice statlon) nnd Conditional Uso Permft No. ?.834
(permittiny a fuodmart with off-sale boer and wine in cc~njunction with a self-servico gasoline ~tation
and with a waiver) to the Zoriny Divisfon.
7. Th~[ the proposed ireQStand(ny sfgn shall be Ifmited to a monumQnt sign wlth s(milar dimension~ to
the e:cistiny mon~men! sic~n located at the Shell service station on the northwest corner of Ball Ro~d
and Harbor [ioulev~rd.
.2_ PC94•tOFi
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e. That ~.:~~ans submittod for bullding permits shall show that the dryor unit has the same nolse
speclffcations as the "7hrust Fro" dryor unit (dentified in Paragraph 28 of the August 8, 1994 f~lanning
Comrnission staff report ur, alternatfvely, that the proposecl unit (s equally acceptabie in torms of noise
specifications.
9. 7hat prlor to issuance of a building permit or within a period of one (1) year irom the date of this
resolution, wh(chover occurs first, Condition tJos. 4, 6 and 8, above•ment(oned, shall bo compiied
with. Extensions for further tirne ta complote said conditi~ns may be grantod in ~ccordanco witl~
Section 18.OJ.090 of the Anahe(m Municfpal Code.
10. 'That prfor to f(nal building and zoning insp~ctions, Con~~itlon Nos. 3 and 5, above•menti~ned, shall
be complied with.
1 t. 7hat approvat of this ~pplication constitutes approval of the proposed requos4 only to the ex4ent thnt
it complles with the Anaheim Munic(pAI Zoning Code and +~ny other appl(cablo Gity, Stato and Federal
rac~illatfons. Approvai does not Inclucie any action or find(nfls as to compliance or approvai of tho
requ~3st rayardiny any ottier applicable ordinance, regular.lon or requlrement.
8E I7 FUR7HER RESOLVED that tho An2helm Gity Planning Commissfon doos hereby find
and do;ermine that adoption of thls AQSOlution is expressly prodicated upon ~pplicant's compifance with
each ~nd all oF the cond(tfons here(nabove set forth. Should any such condition, or any part thereof, be
daclared invalid or unenforceable by tho final judgmant of any court of competent ~urisdlction, then Ihis
Resolution, and any approvals herein contained, shall be deemad nuil and vofd.
Thlc FORE~OIN~ RESOLUI'ION was a o ted at the Planning Commisslon meetinq of
August 8, 1994. p
~~~l~C~`,~_~ ~ ~~ G~~.t,~.~-~
CIiAI" RWQMAN ANAHEIM CI Y PLANNING COMMISSION
AT7EST:
,.:. ~ J
;'~SE ~RE7AHY, A A EI ITY PLANNING COMMISSIQN
C
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janat L. Jensen, Secretary of the Anahoim C(ty Pla~ming Commissfon, do horoby certi(y
that the forego(ng resolut(on was passed and adopted at a meoting of the An~helm City Planning
Commiss(on heid on August 8, 1994, by the i`ollowing vote of the memberc tF-er~of:
AYES: C~MMISSIONERS: BOYD~TUN, CALDWEI.L, HENNINGtR, MAYEH, PERAZA
NOES: COMMISSIONERS: NQNE
AF3SENT: COMMISSIONERS: MESSE, TAIT
IN WITNESS WHEAEOr, I hava fiereunto set my hand thfs ~~~ day of
~ 1994.
, `~'
SfE RETARY, AN~I' /~ ITY PLANNING COMMISSION
~~ ~
-3- PC94-1 Q6