Resolution-PC 94-146RE L TI N fJ.~P 4-14
A RESOLUTION OF THE ANAHEIM CITY P~NNING COMMISSION
THA7 PETI'TION FOR CONDITIONAL USE PF.RMlT N0. 3725 b= GRANTED, IN PART
WHEREAS, the Anah~im City Planning Commissfon did receivo a verffied Patitian for
Conditional Use Permit for certain roal property situatod in ti~e City of Anaheim, County of Orange, Stat~
of Califumia, described ~s:
LOT 1 OF TRACT N0. 3288, AS SMOWN ON A MAP RECORDEp IN BOOK 104,
PAGES 14 AlJD 15 OF MISCF_LlANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, tho City Plann(ng Commissfon did hold A public hearing at the rivic Center
in tho City of Anatieim on Octobar 3t, 1994 at 1:30 p.m., notice ~f sald public hoaring having been duly
c~iven as required by law ard in accordance wlth the provislons of the Anaheim Municipal Code, Chapter
18.U3, to hear and consider evidenco for and against said proposed co~ditlonal usd permit and to
(nvestigaCe and make findings and recommendations in connectfon therawith; and
WHEREAS, said Commission, atter due ine~ection, investigation and study rnade by itsalf
and In its behalf, and after duo conslderation of all evidence arid reaorts offered at said hearing, does find
and determine the following far,ts:
1. That the propas~d use is prope~ly one for which a conditional use permit Is authorized by
Anaholm Municipal Code Section 18.44.050.085 to permit an automotive repair facility within an existing
1,056 sq.ft. service station structure with the following wafver:
,Sectlon 1Q.44.063.Oa0 - Reauired Iands~ape~Setb~ck adiacen_ t to a-Q~(d9ntial zone.
2. '~hat the requested waivor Is lioreby deniod on the basis that it was deleted fo!lowing publlc
notification;
3. That the proposed use is pr~perly ono for whlch a conditional use permit is autt~orized by
the Zoning Code;
a. That the proposeci use vrill not adversely aHect the adJoining land uses and the growth and
development of tlie area in which it is Froposed to be located because said use fs compatible wftl~ other
commercfal b~sinesse:, alonc~ State College Boulevard and tliat the s~rvice station and assocfatad repairs
have exfsted at this lo~atfon for a number of years without detrimental effects on adJacont land uses;
5. That the size and shape of the site tor th~ proposed use is adequate to allow the fuli
development of the proposeci u~o in a manner nut detrimr~ntal to the particular area nor to the peace,
hoalth, safety, and general woliare;
6. That the traffic fleneratad by the proposed use will not impose an undua burden upon tho
streets anci highways designed and improved to carry the traliic in the ar~a;
7. That the grantir~fl of the conditional use permit under the conditfons imposed wlll not be
detrimental to the peaco, health, ~afety and general welfare of the cit!zens of the City of Anahe(m;
CR2232MS.WP •1 • i'C94-1~36
8. 7hat approval of tliis ~~Se permit is conditioned upon the oxisting service station canopy
being romoved to discourec~a any outdoor autornotfve-rolalod activities and that, fnstead of palm trees,
canapy-type broad-headed trees shall be plantod alonc~ tho street frontaqes and the east property line
ad~acent to residential uses to screen the proposal fr~m nearby uses; and
9. That no ono fndicated their presence at said public hoarfng in opposition; and that
correspondenco v~as received in opposiiion to the subJect petition.
_CALIFQR IN A ENVIRONMEN'('AL UAI.ITY P,CT ~INQIf~L~: Th2t ihe Anaheim City Planning
Commission has reviewed the proposal to permit an autom~tive repair facility within an existing 1,Q56 sq.k.
service station struc:ure with waiver of requirod landscaped setback adjacent to a residentlal zone on a
rectangularlyshaped parcol of land consistinfl of approximately 0.40 acre locatad at tho northeast corner
of Westport Orive and State Callo~e Boulevard, having approximate frontages of 131 foet on the north side
af WE;stport Drive and 110 feot on the east sidQ af State Cotlege Boulev~rd, and further described as 430
South State College Boulevard; and doee hereby approve the Ne~ative Declaration upon flnding that the
declaration raClects tho independent judgement of tho lead agency and that it has considered the Negativo
Declaration togethar with any comments recefved during the public roview process and further finding an
the basf; of tho initiai study and any comments roceived that thore (s no substantial evidence that the
praj~ct w(II havo a significant eHect oiti tho environmont.
NUW, THEREFORE, BE IT RE50LVED that the Anaheim City Planning Commission does
hereby grant subject Pgtition for Conditional Use Permit, in part, Upon t'~~~ following condit(ons which are
horeby found to be a necassary prerequisite to the proposed use o( the sub~ect property in order to
prQServ~a the safety and 41eneral welfare of tho Citizens of the City of An~~h~im:
1. That the existiny service statfon canopy (includfng its support posts) and the exlsting sign pole shall
be Gompletely removod.
2. 1'hat the existing drhioways nearest the intersection of Stato Collego E~~levard ~-nc! Wostport Drive
shall bo cl~~sed by the installation of on-site landscape planters and Ian~Jscaping.
3. That all nroposed pa~m !-~es sh~wn on the approved exhibits shall be replaced with canopytype
trees.
4. That plans shall be subrnittecl to the City TraHic and Transportation Manager for his r~viow and
approval shnwing conformance with the latest revfslons of Enginear(ng Standard Pian Nos. 436 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and mainta(nFd in conformanco with said plans.
5, That damac~ed sections of sidewaiks shall bo reconstructed atong State College Boulevard and
Westport Drive in accordance with standard plans and specif(cations on filed in the Oftfce of tha City
Enyineer.
6. That a plan sheet for solid waste storage and colloction and a plan for rocy~lin~ shall be submit~ed
to the Department of Maintenanco tor review and approval.
7. That any propose~J freestanding slfln on subject property shalt be a monument-typQ not exceeciing
aight (8) feet fn height and shall ba subJect to the review and approval of the City TraHic and
Transportation Manassr to determine adequate lines-of-si~hi.
S. That subject ~~roperty shali be developed substantially in acGOrdance with plans and specificatfons
submftted to the City of Arahelm by the petitionar and wl~ich pians are on fEle with thc~ Planning
Department marked Exhibit Nos. 1 through 4; excapt as other~vfse req~i(red b}~ Condition No. 3 herein.
.z. PC94-146
9, That this use permit is heroby approved for a period of threo (3) years and shall expfre on
Qr,tobor 81, 1997.
10. Tliat prior to commoncemont oF the activity authorized by this res~:~utlon or within a perlod of one
(t) year from the date af this resolution, whlchever occurs flrst, Cor~ditlan Nos. 1, 2, 3, 4, 5 and ~,
abovo•mentioned, shall bo camplloci with. Extensions for further time to complete sald conditions
may be c~rantod in accordar~co with Sectlon 18.03.090 of tho Anaheim Municlpal Cod~.
1 t. 7hat qrlor to commencement of tho activity authorizecl by this resolution or prior to final building and
zoning inspections, whichover occurs Ilrst, Condltlon No. 8, above-mentioned, shall be complied with,
12. That appraval of this application constitutes approval of the proposed request only to the a~ont that
it complies with the Anaheim Municipal Zanfnc~ Codo and any other applicablo Cfty, State and Foderal
rogulatians. Approval does not Include any action or findings as to cnmp~lance or app~'oval of the
requost regarding any other Applicablc~ ordinance, regulatfon or requirement.
[3E IT FURTHER RESOWED thr~t the Anaheim City Plannfng Commission doss hereby flnd
and determine that adopt!on of this Resolut(on is expressly prcd(cated upon applicant's compllanco with
each and all of the conditions herainabove set forth. Should any such condition, or any part thereo~, be
declared irnialid or unen(orceable by the Iinal Judgment uf Any court of competent J~risdiction, then this
Resolution, and any approvals harein contained, shall be doemed null and void.
THE F~REGOING RESOLU710N was adopted at the C'lanning Commission meeting of
October 31, 1994. / ~
~~.~~L ~~G ~/~ ~
ANAHEIM CIT~NNING COMMISSION
QHAIRWOMAN
ATTEST:
- • ,1~~ _.~_,__ ~ .~ '
SECRET RY, ANAHEIM ITY FLANNING COMMISSION
STATE OF CALlFORNIA )
CODUTY OF ORANGE } ss.
CITY OF ANAHFIM )
I, Edith L. Harris, Secretary of the Anahe(m City Planninfl Commisslon, da hereby certify
that the forogoing resoiution was passed and adopted at a meatin~ ~f the A~ ~heim City Planning
C;ommission h21d on Qctober 31, 1994, by the fotlaw(ng vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUIV, CALDWELL, hIENNINGER, MAYER, MESSE, PCRAZ.~, TAIT
NO~S: COMMISSIO~IERS: NONE
ABSENT: COMMtSSIOM1!ERS: NONE
IN WITNESS WHERFOF, I have horeunto set rny hand this ,~~ day of
~'~~"~_, 199~1. _
~~ J
~~L ~--°-~,_~~ ( [~ ~~ ,
SECRETARY, ANAMEIM CI1Y Pl1~NNiNG COMMISSION
_3. PC94-146