Resolution-PC 94-107RE QLUTION NO. PC94-107
A RESOLU110N U~ THE ANAHEIM CIIY PIANNING COMMISSION
THAT PETITION FOR CONI~ITIONAL USE PERWYI'T' N17. 370i BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning C:ommission dld roceive a verified Petitian for
Conditionai Use Permit f~r certain reaf property situate.i in the Cfty o' Anahoim, Couniy oi Orange, State
af California, describod as:
TFIE NORTH 15U.00 FEET OF THE WEST 150.f'!0 FEET, MEASURE~ FROM THE
TANGENT PORTIONS OF THE NORTH AND W'EST LINES OF LUT 'I OF TRACT
NO. 5302, AS PER MAP RECORQED IN BOC)K 195, PAGES 3U AND 31 OF
MISCELLANEOUS MAPS, IN 7HE OFFICE OF i HE (:OUNTY RECORDER OF
SAID COUNTY.
WHEREAS, tho City Planning Commiss(on did hold a public hearing at the ~(vic Center
In tho City of Anahelm on Auc~ust 8, 1J94 at 1:30 p.rn., notice of ;said puhlic hearing having beon duly
giv~sn as required by law and in accordance with the provis~ons of the Anahefm Muricipal Codd, ChApter
18.U3, t~ h~ar and consider evidence for and agafnct sa(cl prnposed conditlonal use permit and to
inv,.~stfgate and maka findings and recommendations in connection therewith; and
WHERERS, sald Comm(ssion, ~fter dus inspec:tion, Invostigatlon and study made by itself
and in its behalf, and after due corisideration of all evfdence and reports offered at sald haar!ng, does find
and determinE ihe following (acts:
~I. That the proposed use is properiy one for which a conditional use permit Is suthorizod by
Anaheim Niunfcipal Code Section 18.44.050.195 to permit a 1,215 sq.ft. convenienco market within an
existing ~ervfce station with the following waivers:
(a) ,Sect(ons 19,05.093.021 - Maximum ns m~ r f permitted freesC n~dina
~nd 18.44.067 slans.
(b) ti ns 18•05•09~0231 - Minlmum distance botween freestrandina sians.
and t8.44.U67 0 f t required; ~0 feot proposed)
2. That waiver (a) fs liereby denied on tho bas(s that it was deleted tollowing publfc
notification;
3. That waiver (b) is t~oreby denied on ihat basis that the propased 50-foot sQparation
bEtwaen freestanding si~ns is substantially less than the 3~J0-foot Corie requlremont and that both signs
would be visible to craffic on Orangewood Avonue creatlny a reciundancy in si~na~e;
a That there aro no specfal circumstances applicable to tha property such as slze, shape,
topo9raphy, location or surroundings, which do not apply to other identically zo~ed proportfes in thQ
vicfnity;
5. That strict application of the Zoning Code does not deprfve the property of privileges
en~oyed by other properties under identical zoning ~I~.ssffication in the vicinity;
6. That tha proposed use (s properly one for which a cond'+tional uso permit is authorizod by
the Zoning Code;
CR2 ~ 7t MS.1MP •1- PC9ti-i U7
7. Thst thc~ proposed use will not adversely attect the adJofnin~ lar.d uses anct the growth and
~evelopment ut tFie are~ in which it is proposed to ue located;
8. Tliat tho siza and shape of tho site (or the prop~~sed use is adequato to atiow tho f~~ll
ievelopment ol the proposed use in a manner not d~trirnontal to thR particular aroa nor to tho peace,
he~-Ith, safety, ;~nd general welfare;
9. ThAt thg traHic generated by tFie proposecl us~ will not impose ~n undue burden upon tho
sireots and highw~ys ~esignQd and !mprov~d to carry the traNic in the area;
10. That the gran!inc~ of the c~ .~onal use pormit under the canditinns imposed will not be
dstrimental to th~ peace, health, safoty a.,., gonaral welfare of tlie citizens of the City of Anaheim; and
11. That onQ (1) porson indicated her presence at s~id publfc hearing in tavor; and tliat no
corresp~ndence was received in opposition to the sub}oct petition.
~„AUF RNIA FNyIRC~NMENTAL AUALITY A~iFIN~iNG: That the Anahoim City Planninfl
Commlasion hns reviewed the proposal to peimit a t,215 sq.R. convenience market within an existing
service station with waivers of max!murn number oi permitted ireestanding signs and minimum d(stance
betweon treestanding signs on a rectangularly-shapod parcel of iand conslstfng ot approximntely 0.52 acre,
located at tt~e southeast corner of Orangev~ood Avenue and Harbor Boulevard, having appror.imate
(rontages ol 150 feet on the south side of Oran~ewood Avenuo und 150 (eet on the east slde ot harbor
Houlovard, and furthar dascribeci as 2100 South Harbor Boulevard (Shell service station); c~.id doos hereby
npprova the Ne~tive Docla ati~n upon finding that the declaratfon reflects the independent ~udflement of
the load agancy ~nd that it zas considered thc~ Negative Declaration togethor wfth any commdnts rece'rved
during the public review p-ocess and furthur finding on tt~t3 basis of the initial sludy and any comments
recoived that ~here Is no substantial evidence that the pro~ect will hsve a significant eHect on tt~e
environment.
NOW, TIIEREFOkE, BE IT RESOWED that the Anahnim City Planning Commission does
hereby grant sub~ect Petitlon (or Conditional Use Permit, in Fx~rt, upon the tollowing conditlons whlch are
hereby lound to be a necessary prerequlslte to the propos~d use oi lhe sub~ect property In order to
pr~serve tho safety and general wQl!are of tho Citizens ot the Cky of Aik~heim:
1. That the sale ot alcoholic beverages lor off•prumis~s consumption is prchibited.
2. 7hat prfor to approval of ~lans (submht2cf for buiiding pormita) ty tha Wator Engineering Maruger,
tho approprtate feos due lor primary water mains and tlro protoctfon servlce sha~l be na-d lo ihe
Wn~er Englneering Divislon, in nccordance with Rules 15A and 20 of the Water Utflity Ratc~s. Rules
and R~gulations.
3. 7tiat a plan aheet (or soltd waste storagA end cdlection, nnd a plan for ~erycling s4~aft bEr aubmittod
tu the Department of Maintenancv tor rE-vie-y arxf epprov~al.
•t, Tl~at Iho crwrwr ol suu~nct property shall submit a lofler requusting termination ot Vnrianco Na. 1034
(p~rmitting a su-xliviafnn signl to tt~o Zoning O~visfon.
5. That sutject property shall bo developecl aubstanttally in ~c~orclance with plans and speciticatior,s
submNt~xS t~ The City o1 Anah~wm by Ihe petitioner arxf which plans are an (ilo with the Plenning
Oepartment markcrl Exhibit tVo~. t Ihrou~h 5; provide0, however, that tho propusecf Ireustandii~q
aigna ahatl bo 2~paraled by a minimum dista:~co of threo hundroc; (~00) loel and shall tw limited to
n~onumern ry~x+ design w~tl~ similar dfinensions ta IhR 8•toot hfgh m~numern sign located xt the Shell
s~rvice stati.~n on tho noAhwest cumer of Boll Road a:-d Ha-bor Boule~ard
~ FC4W-t07
~. 7F~at, in compliance with Zoning Codo requiremants, the tollowing landscaping sF!alt be planted and
maintaine:f. Plt-ns showing st~id I~ndscapi~~~ shall be submitted for approval prior to Issuance of
b~ilding permits.
(a) Traes sliall be planted and maintainecf atonfl the Interior property Iines; end
(b) The pianter ~rea located northwest of th~ carwash tunnel shall bo enhanced and tho planter
ad~acent to Orangewoal Avgnue shafl by planted with a hedge to screon the car wash vacuum
eyuipment irom public v{ew.
7. That prior to issuanco of a buitcting permit or witli{n a period of one (1) year irom the date 7f this
resolutiun, wh(chever accurs ii~st, Cc~df!lan Nos. 2, 3, 4 and 6, abov~-mentloned, shall ~o ccmplied
with. Ex~ensfons for further time to cnmplete said conditions may be gr~ntad in accordance wl;h
5ectfon 18.03.090 of the Anaheim Municipal Code.
8. 7hat prlor tu final building and zoning inspections, Conditiun Nas. 5 and 6, above-mentionod, 3hall
be complieci Nith.
9. That app-oval of this application constitutes approval of the proposed rnquest only to the eMent that
it complfes with the Anaheim Munic~pal Zoning Code and any oth~r npplicable City, 5tate and Federul
regulations. Approvnt does not include any action or t~ndings as to cornpllance or approvai oi the
reauest regarding any other applicable ordinance, requlatfon or requirement.
BE Il' FURTHcR RESO~_VED lhat the Anaheim Cfty Pianning Commisston does heroby tind
and determina ~hat adoptlon oi th(s Resolution is expressly predicatod upon app~~cant's compllance with
each ~nd all of tho coixlittons hera(nabova set forth. Should any such condkian. or any part theroof, bo
d~clared invaiid or unonforcouble by the linal ~ud~ment of any court ot competen! jurisdiction, then this
Rosoluliort, and any approvals herQin containecl, shall be deomecl null and void.
TF'E FOHE~OING RESOLUTION rvas ~dopted at tht Planning Commisgfon meoting nf
Auyust S. 1994.
/~ ,~i ~~~!~ ~.~
HA~HWOMAN ANANEIM C.~ IANiV~NG COMMISSION
A77EST:
,
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$ RETARY, r1NAN~iM C PtANNINt3 COMMIBSIQN
7ATE OF C1~LIFOFiNlA )
COUN7Y OF ORANOE ) ss.
CiTY OF ANAHEIM -
i, Jan~K L. Jensen. SQCretary of Ih~ Anaheim City Planning Commiss~on, do hereby certify
that the (oreqoing resdutioh was {sassed and adnptal at a meeting of tl~u l:nahotm City Ptenning
Commissan hald on August 8. 1994, by Ihu toilovring vote ot tho rr~ombors theroef:
AYES: COMMISSIONEFiS~ BOYDSTUN, CALOWELl.. HENNINCzER. MAYEH, PEFiAZA
NOES: COM,UI~3SIONERB: NONE
ASSENT: COMMI$SIONERS: ME,''iSE, iAIT
IN WITNESS VYFIEREOF, 1 have hereunto set my hand thfs q7. ~~ ~aY M
_~!~• ' ~ ,~ ,.~~X.~~ ; 4~Y ~~_. -
S' ^RETARY, ANAHEIM. Y PLANhIN4 CAMMI~SION
~,~ ~.
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