Resolution-PC 94-129RESQLUTIQN NU. PC9~1-12~
A RESOLUI'ION OF THF: ANAHEIM CITY PLANNiNG COMMISSION
THAT PETITION FOI~ CONDITIUIVAI. USE PERMi7 N0. 3718 BE GHANTED, !N PARI'
WH[REAS, t'~e Anahelm City Planning Commfssion did receivo a verifled Petfti~n for
Conditional Use Permit for ce~rtain real property sltuated (n the City of Anahelm, County r~f Ora~ge, Ste~to
of Califarnfa, doscribed as:
TNE SOUTH 17fi.00 FEET OF THc WEST 182.00 FEET OF THF SOUTHWEST
aUARTER OF TfiE SOUTHWEST QUARTER qF THE SQUTIiEAST ~UART~R OF
SECTION 17, 1'~)WNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO L08
COY07ES, AS SHOWN ON A h1AP RECORDED IN BOOK 61, PAGE 10 01=
MISCELLANEOUS MAPu, RECORDS UF ORANGE COUN7Y, CALIFORNIA.
WHEREAS, the City Planning Commissfon did hold ~~ public hearinb at the Cvic Center
In the City of Anahefm on S~rptember 19, 1994 ~t 1:30 p.m., nutice of ,ald public hearlRg having been duly
given es required by law and in ~ccordAnce with the provisions of th~a Anaheim Municipal Gode, Chapter
18.03, to hoar and consfder ovidence for and agafnst said proposed conditional use per~nit and to
investigate and make findirgs and reconmendatiuns in co7nection therewith; And
WF~EREAS, said Commission, a(ter duo inspoction, fiivestigation and :~tudy mF,de by ftsei(
and (n its behalf, and aiter due consideration of sll evidence and re~orts oHered at soid hasrirna, does find
and determine the following facts:
~I. That the proposed use is properly ono for which a mnditionsl use permit is authorize~i by
Anaheim Municipal Ccxio ;ioctions 18.44.050.070 and '18.44.050.085 to permit an independent automc~tive
repafr facility in conjunctian with an exl~atfng gasotino servico station with waiver ~f the following:
(a) ,~ections 16.04.OFO.Q1~
18.04.060.0 t~
~t .ad. . ~o
(b) Soction 1E~.$7.03Q;4;'?
hlinimum I. n^cap@ reauircLments_ aI streot frentaQag.
17 trF~ required alony Ball fioad, nQnA proposed; a~d
~ tr e required along PJutwnod Street, none proposed)
~Ainim m~~nd5ca e re irements at pr~~ertX bound€._rj~.s.
7 tr , r•aquired along north Nroperty Ilne, ,~ existing and
~~roposecl; and 6 tre@~ required along east F~ropo!ty Iine,
;f existing and proposod)
7. Th~t wa~ver (a) is hereby epproved, fn part, requi~ing a min(mum oF 2 trees (none were
propused) along Nutwaxi Street;
3. 7hat wFiiver (b) is ho~eby approved, in part, requiring a m(nimurn ot 4 rraes (3 wero
proposed) along the east property Iin~3;
4. That th~3re are special circumstances apptiaable to the property corsisting of locatian and
surroundinys, which da n~t apply to ~~ther identicatly zoned properties In tho vicinity;
5. That strict application of the Zoning Coci3 doprivos the property of priviloges enjoyF:d by
o:her prop~rties urr,ier identfcal zon(n3 classification (n the viciiiity;
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6. That th~ proposed use, tor an automot(ve repafr facility operatod as a separato business
on the same site ~s an existing seivice station, Is proporly ono for which a conditional use permit Is
authorizod by tho Zoning Code;
7. That tho proposed use will not adversoly affect the adJoining land uses and the growth and
dovelopmant nf the arda in which it is praposec! tu be lacatod ~eca.use thA proposed autumotive repair
uso is orlontecl away fram nearby residentfal proparties to the west (across Nutwood Street); that subject
sc~rvl~e station is currently developed with automotive ropalr bays that have supported a s(milar automotive
repalr use in the past; and that service bays, a cashier/packaged food sales aroa and gasoline pump
islands exist;
8. That the size and shape of the site for tho proposed use Is adequate to allaw the full
development of tfie proposed use In a manrer not detrimental to the particular area nor to the peace,
health, safety and general welfare because the proposed modifirations wlll not increase xh~ size of the
existing structure, and approv~l of the request would allaw the auto repair use to operats Indopendently
of the existiny servico ~ts~tion;
9. That the traffic gonerated by the proposecl use will not imposo an undue burden upon the
stroots and hiphways design~d ancl Improved to carry the trafifc in the area; and
10. That the gr~nting of the conditlona! use permlt under the conditions imposed will not be
detrimental to the peace, health, safety and general welPare of the citfzens uf the ~ity or Anahelm.
11. That no one fndicated ihelr presenco at said publir, hearing in opposltlon; and that no
cor~•espondence was received in oppos(tion to tha subject petiti~n.
AI.IF R~IIA ENVIRONti1ENTAL QUALITY AC'f FINDIN : That tho Anaheim C(ty Planning
Commission has revtewed the proposal tu permit an fndependont automotivo repair facility fn conJunction
with an exfsting gasoline service stat(on with wafvars of minlmum landscape requfrements at sireet
frontages and minimum landscape requirements at praperty boundaries on a ractangularly shaped parcal
of land conslsting of approxlmatoly 0.43 acre locatod at the northeast corner of Ball Fload and Nufwood
Street, hav(np approximate frontages of 150 feet on the north side of Ball Road and 125 feat on tho east
side of Nutwood Street and further doscribed as 1H81 West Ball Road; and does hereby approve tlie
~Jogative Doclaration upon ifnding that the declaration reflects the independent judgoment of the lead
ayency and that it I~as considered the Negative Declaratfon together with any :,omment~ recofvcd during
the public r~view process and further iinding ~n the basis of the Inftlal study ~nd any comr.ients recefved
that there is no substantial evidency that the pro~ect will have a significant effeci on tho enviroiimont.
NOW, THEREFORF, iiE IT RESOLVEQ that the Anahelm City Planning Comm(ssion does
heroby grant subJect Petition for Conditional Use Permit, in pnrt, upon the followinfl conditfons which aro
hereby found to be a necossary prerequfsite to th~ proposed uso of tho subject property in order to
preserve the safety and general weifare of the Citlzens of thR C!ty of Anahelm:
1. That, in contormanco with Anaheim Munl~ipal ~:ode Section 18.44.050.070 pertafning to removal of
closod service stat(ons, an unsubordinatod aqroement shali be recorded wfth the Oftice of the Orange
County Recarder agree(ng to remove the service station structures in the even? that the sorvice
station is clused for a period of twelve (12) consecutive months. A service ~tat(on shall ba
considered closed during any month fn which it fs open for fess than fifteen (15) d~ys. A copy oF
the r~corded ~flreement shall be submitteci to the Zonin~ Div(sion.
2. Thdt no outdoor sturac~e of, display oF, or work on vehicles or veh(cular parts shall be permitted,
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3. That "pockets" shall be construc:ted in tho exlsting block wall along the east property Iine; and that
said "pockets" shall be landscapod with cling(ng vines and provided with Irriga4(on facllities. Said
IAndsc2ping shall thereaftor be maintainod, Plana submitted for bui~ding permits stiall show sald
irriprovements.
h. That the legal proparty owner sfiall bo responsiblo for the removal of any on•site graffiti within twenty
four (2~) hours of fts applfcaNon.
5. That a plan sheet tor solld waste storage and collectlon and a plan for recycling shall be submltted
to the Departmont of Maintenance far raview and approval,
6. That an on-site trash truck turn-around area sh~ll be provided and mafntalned to the satisfactton ot
tho Dopartment of Maintenance. S~iid turn•around area shail be speciffcally ahown on plans submitted
for buflding permits.
7. That a fe~ for street {ighting purposes shall be paid to the City of Anaheim based on the length of
street frontages along Ball Road and Nutwood Street In an amount as establishad by City Council
resolution.
8. That a minimum of two (2) trees shall be plantod, irrigated and mainta!ned along Nutworxi Street.
Said troes shall not be smaller than fittoen (16) gallons In size at tho tirt~e of plantln~. Plans
submftted for building permits shall show said landscaping.
9. That one (t) adclitional broadheaded tree (for a total of four [4] troes) shall be planted, irrig~ted sand
mafntained in minimum iaur (4) x tour (4) foot tree wells adjacent the east property Ifne. 5aid trees
shall not be loss than fifteen (15) ~allons In size at the timA of planting. Plans submitted for building
permits shall show sald landscaping.
10. That only one f~eestandin~ siqn shall be permitted unlASS approval for additlonal freostanding sign(s)
is obtained, or a separate varfance is approvod, to permft such additional signage.
11. That the Independont automotlve rapair use shall only be pormitted betwAen the hours of 7 a.rn. and
7 p.m, daily; and, furthar, that said auto repa(r shall only be permitted In conJunction with the
contfnued operation of the gasoline service statfon.
12. That subJect property shall bo develooed substantially In Accordance with plans and specifications
submitted to the City of Anal~oim by the petitioner and whfc;h ~lans aro on file wlth tlie Flanning
Dapartment markeci Exhibit Nos. S and 2.
13. Tha: prior to commencement of the activfty auchorized by th(s resaluilon, or prior to lssuance of a
buildfng permit, or within a period of one (1) year from the date of this resolutior~, whichever accurs
first, Condition Nos. 1, 3, 5, 6, 7, 8 and 9, above-mentioneu, shall be coniplieci with. E:~ctonsions for
fuKher tlme to compfete said conditions may be granted In accordance with Socti~m 18.03,O~J0 of the
Anaheim Municipal Code.
14. That prior to commencemant of the activity authorizeci by this resolution, or prfor to final buflding and
zoning fnspections, Condition Nos. 3, 8, 9 and 12, above-mentionerl, shall be compli~d w(th.
15. That appr~val of this applfration constitutes approval of the proposed request only to the extent t:~at
it complies with the Anahaim Municfpal 2oning Code an~ any other applicable City, State snd Federal
rQgulations. Appruval does not include any act(on or findings as to compllanc:e or approval of the
request regarding any ~ther appl(cable ordinance, regulation or requiremont.
-3. PC94-129
BE IT FURTHER RESOLVED that the Anehelm City Planning Co-nmission does hdreby ilnd
and dotermino that vdoptlon of this Resolution is expressly pradlcated upon applir.ant'o compllance with
each and oli of the condftlons hereinabove set forth, Should any such condition, or any part thereof, be
declared Invalid or unontorceable by the ilnal ~udgment of r~ny court oi ~ompetent Jurisdlctlon, then this
Resutution, and any approvais herein contained, shell be deemed null and vold.
THE fOREGQING RESOLUTI~ . was adopted at the Planning Commfssion meeting of
September 19, 1994. ~
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CFIAIRW MAN ANAHEIM CITY F'IANNING COMMI~3IQN
ATTFST:
~W~u > >~ /
SECHETARY,~AW EIM 9'1'Y PIANNING COM~IISSION
S7ATE OF CALIFORNIA )
COUfV7Y OF ORA'VGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solori~, Secrotary of the Anaheim City Planning Comm(ssion, do hereby certify
that tho toregoing resolution was passed and adoptecl at a meeting o( the Anaheim City Planning
Commission held on September 19, 1394, by the tollow(ng vote of tho members thereo(:
AYES: COMMISSiONERS: BOYDSTUN, HENNIN~EH, MAYER, MESSE
NOES: COMNIISSIONERS: NONE
ABSENT: COMMISStONERS: CALDWEIl, PE{iAZA, TAIT
IPl WITNESS WHEFiEOF, I have herounto ~ot my hand this ~ day of
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SECRFTAFi , A EIM ITY PLANNIN(3 COiU1MISSION
.q. PC94-129