Resolution-PC 97-55~ ~
RESOLUTION NO. PC97-55
A RESOLUTION AF THE A~IAHEIM CITY PLANNING COMMISSION
THAT PETITIO~J FCiR CONDITIONAL USE PERMlT NC. 3913 BE GRANTED
WHEREAS, :he Anaheim City Planning Commission d!d receNe a veriHed Petition for
Condftional Use Permft for certain real property situated in the C'rty of Anaheim, Couniy of Orange, State
of Califomia, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE
10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFIC~ OF 'fHE
COUNTY RECORDER OF SAID COUMY, DESCRIBED AS FQL1_OWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 27, SAIa CORNER BEING THE
POINT OF INTERSE~..'TION OF THE CENTERUNE OF BALL ROAD WITH THE CENTERUNE OF
WEST STREET AS SHOWN ON THAT CERTAIN MAP FILED IN BOOK 10, PAGE 44 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUPi"fY: THENCE SOUTH 0°
15' S8" EAS7 ALONG SAID CENTER~.INE OF V`~EST STREET, A DISTANCE OF 203.00 FEET;
THENCE SOUTH 89° 30' 42" WEST PARALLEL WITH SAID CENTERLINE OF BALL ROAD A
DISTANCE OF 210.00 FEET; THENCE NORTH 0° 15' S8' WEST PARALLEL WITH SAID
CEN'f ERUNE OF WEST S'fREET A DISTANCE OF 203.00 FEET TO A POINT IN SRID
~ENTERLINE OF BALL ROAD; 7HEN~E hlORTH 89° 30' 42' EAST ALONG St,iD CENTERLINE
OF BALL ROAD A DISTANCE OF 210.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Ciry Planning Commission did hold a public hearing at thA CNic Center
in the Ciry of Anaheim on March 3, 1997 at 1:30 p.m., notice cf said public hearing having been duly gfaen
as required by law and in acco-~dance wfth the provisions of the Anahe(m Municipal Code, C~~apter 18.03,
to hear and consider evidence for a~d against said proposed condftional use pErmft and to investigate and
make flndings and recommendations in connection thecewfth; and that sa(d public hearing was continu~ d
to the March 17, April 14, April 28 and t~ay 12, 1997 Pla~ning Commission meetings; and
WHEREAS, safd Commission, after due i~spection, investlgation and study made by itself
and in its behalf, anc! after due consideratlon of all evldence arui reports offered at said hearing, does find
and de4errnine ttie fal~win~ facts:
1. That the proposed use is properly one for which a corxiit(onal use permft Is authorized by
Anaheim Municipal Code Sec.lons 18.48.070.050.0503 and 18.48.07~.050.0505 to permft ars automotive
serv(ce station wfth a drive-through, self-serv(ce car wash;
2. That the proposed uses are prope~iy ones for which a condft(onal use permit is authorized
by the Zoning Code in the Commercial Recreation District (Development Area 1) d tne Anaheim Res~rt
Specific Plan No. 92-2;
3. That the proposed use wiil not adversely affect the adjoining larzd u~es and the growth and
•~+e~;eic~~mF~nt of the area in which 6t is proposed to be located;
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4. That the size and shape of the sfte for the proposed use is adeqt~ate to allow the full
devolopment of the proposed use in a manner not detrimental to the part(cular area nor to the peace,
health, safery and general welParo because tho proJect complies wfth the sfte development standards of the
zone fn wh~cn it is located, and that the subject properry is adequate in size and shape to accommodate
the full development of the project as proposed;
5. That the proposed use is located on a primary arterlal highway and provides a serv(ce~ to
the communfty; and, as condftioned herein, w(II not adversely affect adJoining land uses or the growth and
development of the surrounding area, nor cause an undue bur~+en on the streets and highways desfgned
to carry traffic in the area, nor be deMmental to the peace, heafth, safety or general weifare of the
surrounding communiry;
6. That the granting ot the conditional use permit, under the condit(ons imposed, wiil not be
detrimental to the peace, hsalth, safery and general weifare of the cftizens of the Ciry of Anahefm; and
7. That no one ind(cated their presence at sakl public hearing in opposition; and that no
corresQondence was receNed in opposftion to the subject petitfon.
~ALIFORNIA ENVIRONMF.NTAL QUAUTY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the previously certffied EIR No. 3i3 is
adequate to serve as the required env(ronmental documentatfon for subJect request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Comrnission does
hereby grant subject Petition for CondRionai Use Permit, upon the following conditlons which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in ordar to preserve the
safEty and general welfare of the Citizens of the Ciry of Anaheim:
1. That the property owner/developer shsll comply with all of the applfcable condit(ons of approval set
forth in Ordinance N~. 5454 adopted by the C'rty Councll on September 27, 1994 in conJun~tion wfth
the adoptfon of the Anaheim Resort Specffic Plan No. 92-2.
2. That the property owner/developer shali be held responsible for compliance wfth all of thc~ mitigation
m~asures set forth fn Mftigation Monitoring Plan No. 003 for this project, and for complying with the
monitor(ng and reporting program estabflshed by the ~ity In compliance wfth Section 21081.6 of the
Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct
costs associated with the monitoring and reporting requfrernents to ensure inplementation cf tho;,e
mftigation measures kJentified in Mitigatlon Monito~ing Plan No. G03 vvhich is made a part oP these
condftfons of approval by refe~ence.
3. That plans shall be subrnitted to the Ciry Traffic and Transportation Manayer for revEew and approval
t~ show conformance , wfth Engineering Standard Plan Nos. 436 and 602 pertaining to parking
standards and drNeway location. SubJect property shal! thereupon be dev~loped and maintafned in
conformance with said approved plan.
4. That the existing most easterly driveway on Ball Road and most northeriy driveway on West S~reet
(which driveways are located closest to the intorsection of Bal! Road and West Street) shall be
removed and repiaced wfth standard curb, gutter, sidewalk and fandscaping.
5. That the legal property owner shall frrevocably offer to dedicate to the City of Anaheim a comer cutoff
easement at the southwest comer of West Street and Ball Road, as required by the Publ(c Works-
Engineering Department.
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6. That the property owner shall record an unsubordinated covenarit against the properry agreefng to
remove all structures, including building fo~rxiatlons arxi underground tanks, In the ever~t the serv(ce
station/car wash is closed for a period of tweive (12) consecutive months or longer. The subject
faciliry shall be considered closed during any month in which the service station operation (dispensing
of m~tor fuels) is open for less than f'teen (15) days. The covenant shall be submitted to the
Planning DNision for review and approval p~ior to its recordation with the Office of the Orange County
Recorder. A copy of the recorded covenant shall be submitted to the Planning Division.
7. That the car wash facii'rty sl~all utilize the Sham.my Shlner car wash system or other equal or more
effeciive noise reduction package, as recommended in the noise analysis prepared by George E.
Leighton and dated April 18, 1997, and on 81e in the Planning Department.
8. That wRhin a period of thlrty (30) days from the date the car wash commences operation, a noise
study shal~ be conducted by a licensed acoustical engineer to verify that noise levels associated wfth
the car wash operation do not exceed a maximum of sixry (60) dBA at any point on the property 8ne.
In the event noise levels are determ(ned to exceed the max(mum sbcty (60) dBA, all car wash activities
shall cease until additional sound aYtenuation maasures have been implemented to mftigate noise levels
to sixry (60) dBA or less.
J. That a pian sheet for solfd waste storage and collectfon and a plan for recycling shall be submitted
to the Department of Maintenance for review and approval.
10. That there shall be no sale of bser, wlne or other alcohdic beverages of any kind on the premises.
11. That thero shall be no display, sale or rentai of utilfty trucks or trailers upon the premtses.
12. That any vending machines or mercF~andise display racks, including accessory automotive and non-
automotive-related mercharodise, shall be ma(ntained wholly insfde the building.
13. That during busingss hours, separate men's and women's restrooms shall be ava(lable to the publfc,
and shall be properly supplled and maintained at all times. Said facilit(es shall be specificaliy shown
on the plans subn~itted for bu(Iding permits.
14. That trees shall ba planted and mafntained on mazimum twenty (20) feet cen.ers along the entfre
lengths of the south and west interior property Iines. Said trees shall be a minimum of frkeen (15)
galions in size at time of planting.
15. That the location, rype and conflguration for ali exterior Ilghting fixtures, includ(ng grcund-mounted
fixtures util'~zad to accent buildings, landscape elements, or to llluminate pedestrian/packing areas, shall
be shown on plans submftted #or buiid(ng permits. Ail lightfng fixtures shall be shieldeci to direct
lighting toward the area to be illum(nated and ~way from adjacent motel rooms. The locatiun anc!
fixture specifications shall be sp2ciffcally shown on the plans submitted for building permits.
16. That the hours of operation for the drive-through, self-serv(ce car wash shall be Iimited to 7:00 A.M.
to 5:00 P.M. daily, except during daylight savings time when the hours shall be Iimited to 7:W A.M.
to 7:00 P.M.
17. ~hat subJect property shall be developed substantfally in accordance with plans and spec~ications
submitted to the Cfry of Anahefm by the petitfoner and whfch plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as condftioned herein.
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18. That prior to the issuance of a building permh or within a pe~fod of one (1) year from the date of this
rasolution, whichever occurs first, Condi~ion Nos. 3, 5, 6, 9, 13 and 15, above-mentioned, sha~l be
complied with. Extensions for further time to complete said condftions may be granted in accordance
with Section 18.03.U90 of the Maheim Municipal Code.
19. That prior to fin~l building and zoning inspections, Condition Nos. 4, 7, 14, 17 and 21, herein-
mentioned, shalt be compUed with.
20. That appro~al of ihis applicat(on cor.stftutes approval of the proposed request oniy ta the extent tf~at
ft corrsplfes with the Arraheim Municipal Zonfng Cod~ and any other applicable City, State and Federal
regulations. Approval does not indude any action or flndings as to compliance or approval of the
request regarding any Qther applicable ordinance, regulation or requirement.
21. That cliriging vines shali be planted, and provided with irrigation, along the entire length af the
perimetpr block wail located atong the south and west properry Iines. Said vines shalf be of a
suNficient size, spacing and type to cover both skles of the wall w{thin a two (2) year perind. The
property owner/developer shall be responsible for permanenUy malntaining the vines on both skies
of the wail.
BE IT FURTHER RESflLVED that the Anaheim C'~ty Planning Commission does hereby find
and determine that adoption of this Resotution is expressly preclicated upon applicanYs compliance with
each and ail of the cond(tfons hereinabove set forth. Should any such candition, or any part thereof, be
deciared invatkl or unenforceable by the flnal judgment of any court of competent Jurisdiction, then thls
Resoiution, and ar~y approvals herein contaSned, shall be deer~ed null and vold.
THE FO;iEG01tJG RESOLUTION was adopted at the Planning Commissior; meeting of
May 12, 1997. ~(Ja w~'r
CHAIRPERSON ANAHEIM ITY PLANNlNG COMMISSION
ATTEST:
. t~1Gt.(.i ~
SFCRETARY, A AHEIM CITY PLANNING COMMISSION
STATE ~F CALIFORMA )
COUNTY QF OR4NGE ) ss.
CITY OF ANAHFIM )
I, Margarita Sdorio, Secretary of the Anaheim Cfty Planning Commission, do hereby certffy
that the foregoirrg resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on May 12, 1997, by fhe fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: CONSPVIISSIONERS: MAYER ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ,~~~~,
1997. .
~U ~t~J~J e\~~"e'.+`v"
SECRE(ARY, AHEIM CITY PIANNiNG COMMISSION
~_ PC97-55