Resolution-PC 98-108RESOLUTlON NO. PC98-108
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSfON
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4043 BE GRANTED
WHEREAS, the Anaheim City Planning Commissibn did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE NORTH 150.25 FEET OF THE EAST 210.25 FEET OF LOT 4 OF THE
ORCHARD PARK TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7,
PAGE 6, OF MISCELLANEOUS hAAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTHERLY 5.25 FEET OF THE NvRTH
150.25 FEET, CONVEYED TO TNE CITY OF ANAHEIM FOR WIDENING
SOUTH STREET, Bl' DEED RECORDED DECEMBER 9, 1912, IN BOOK _
224, PAGE 110, OF DEEDS.
ALSO EXCEPTING THEREFROM THE NORTH 150.25 FEET OF THE
EAST 155.25 FEET OF LOT 4 OF ORCNARD PARK TRACT, IN THE CITY
OF ANAHEIM, COUNTY OF OR4NGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 7, PAGE 6 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER O~ SAID COUNTY.
THE NORTH 150.25 FEET OF THE EAST 155.25 FEET OF LOT 4 OF THE
ORCHARD PARK TRACT, IN THE CITY OF ANAHEIM, COUNTY OF
ORA~lGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7,
PAGE 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE NORTHEASTERLY 5,25 FEET OF SAID NORTH 150.25
FEET, CONVEYED TO THE CITY OF ANAHEIM FOR WIDENING SOUTH
STREET, BY DEED RECORDED DECEMBER 9, 1912, IN BOOK 224,
PAGE 110 OF DEEDS.
THE EASTERLY 210.00 FEET OF LOT 4 OF THE ORCHARD PARK
TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 7, PAGE
6, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THE NORTHERLY 150.25 FEET THEREOF, ALSO
EXCEPT THEREFROM THE SOUTHERLY 125.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July H, 1998 at 1:30 p.m., notice of said public hearing havinc~ been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connec:iur i~~erewith; and
CR3355PL.DOC -1- PC98-108
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and a~ter due consideration of all evidence and reports offered at said hearing, does find
and determine the foliowing facts:
1. That the proposed use is properly one for which a conditional ~use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.070, 18.44.050.080 and 18.44.050.195 to construct a new
service station with a 3,066 sq, ft. canopy, a 900 sq. ft. car wash and a 270 sq. ft. convenience market ,
and with waivers of ihe foilowing:
(a) Section 18.44.063.040 - Minimum structural and landscaoed setback abuttina a
residential zone.
(10 feet. fully landscaoed, from RS-A-43,000 zoning required;
none proposed along the south property line, and
5 feet, fully landscaped, proposed along the southeriy 55 feet of
the west property line)
(b) Sections 18.44.068 - Reauired site screenina adiacent to a residential zone.
and 18.87.030.080 (6-foot hiah block ball required; 3-foot high block ball proposed
along RS-A-43,000 zoning to the south and the southerly 55 feet
of the west property Iine)
2. That the proposed use will not adversely affect the adjoining land uses and the growth
a~d development of the area in which it is proposed to be located because a service station previously
operated on this site and there are many commercial land uses in the immediate vicinity.
3. That the size and shape of the site for fhe proposed use is adequate to allow full
development of the proposal in a manner not detrimentai to the particular area nor to the peace, health,
safety and general ~velfare, fncluding after future dedication is taken along Harbor Bouievard and South
Street; and that the proposed parking exceeds Code requirements.
4. That the tra~c generated by the proposal will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic i~ the area; and that two existing
driveways will be closed in connection with this proposal.
5. That graniing of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that substantial landscaping 2reas and materials are being provided in excess of Code requirements.
6. That waiver (a), minimum structural and landscaped setback abutiing residential zoning,
is hereby approvsd on the basis that there are special circumstances pertaining to surroundings because
although adjacent properties to the south and southwest are zoned residentially (RS-A-43,000
"Residential/Agricultural"), they are developed with non-residential uses (churches); and that l~ndscaping
enhancements in excess of Code requirements are being provided along the south property line to screen
the car wash tunnel from the adjacent church use.
7. That waiver (b), required screening adjacent to residential zoning, is hereby approved on
the basis that th2 proposed 3-foot high block wall separating this use from the adjacent churches will
provide Iess opportunity for graffiti and will prevent a place for transients to hide; and that the proposal
includes more landscaping than Code requires.
8. 7hat one concerned person spoke at the public hearing; and that no correspondence
was received in opposition to the proposal.
-2- PC98-108
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed ilie proposal to construct a new service station with a 3,066 sq. ft.
canopy, a 900 sq. ft. car wash and a 270 sq. ft. convenience market, and with waivers of (a) minimum
structural and landscaped setback abutting a residentiai zone and (b) required site screening adjacent to a
residential zoning on a 0.6-acre parcel located at the southwest comer of South Street and Harbor
Bouievard, and having frontages of 135 feet on the south side of South Street and 185 feet on the west
side of Harbor Boulevard (801 South Harbor Boulevard); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration together with any comments received during the public
review pror,ess and further finding on the basis of the initial study and any comments received that there is
no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby grant subject Petition for Conditionai Use Permit, upon the foilowing conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall submit a lett2r to the Zoning Division requesting termination
of Conditional Use Parmit No. 774 (to permit a service station within 75 feet of a residential zone
and not located at the intersection of two arterial highways).
2. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises,
unisss a conditional use permit is first approved authorizing such use.
3. That no video, electronic or other amusem2nt devices or games shall be permitted.
4. That, in conformance with Anaheim Municipal Code Section 18.44.050.070 pertaining to removal of
closed service stations, an unsubordinated agreement shall be recorded with the Office of the
Orange County Recorder agreeing to remove all the service station structures in the event that the
station is closed for a period of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less than fifteen (15) days. A copy of the
recorded agreement shall be submitted to the Zoning Division.
5. That no propane tanks shall be permitted.
6. That trees shall not be unreasonably trimmed to increase visibility of the facility and its advertising.
7. That there shall be no fast food sales or on-site tabies or seating areas for fne consumption of food.
8. That the numerical address of this business shall be provided on the roof in contrasting colors and
in a manner not visible to the street, to the satisfaction of the Anaheim Police Department,
9. That prior to commencing operation of this business, a valid business licensa shall be obtained from
the Business License Division, of the City of Anaheim Finance Department.
10. That any on-site telephones(s) shall be loca~ed inside the convenience market.
11. That finai sign plans shall be submitted to the Zoning Division for Planning Commission review and
approval as a"Reports and Recommendations" item.
12. That window signs shall ba nrn!+<t ~~.:;~,
-3- PC96.~1(i8
13. That the submitted monument sign plan shall be modified to remove the street address from the
base of the sign ~nd place it on the sign in a location identified by the Zoning Division. Said
information shal~ be shown on the final sign plans submitted to the Planning Commission for review
and approval as a"Reports and Recommendations" item.
14. That the proposed landscaped planter along the south side of the property shail include a 3(three)
foot high safety railing, which shall be painted a dark green color; and that landscaping shall be
planted within the same planter area.
15. That the submitted floor plan shall be modified to provide one (1) uni-sex rest room open to the
public, to the satisfaction of the Planning and Police Departments. Said information shall be
specifically shown on the plans submitted for building permits.
16. That any roof-mounted equipment shall 5e screened as required by Anaheim Municipal Code
Section 18.44.030.120. Said information shall be specifically shown on the pla~s submitted for
b!~ilding permits.
17. That the owner of subject property shall be responsible far the removal of any on-site graffiti within
riventy fiour (24) hours of its application.
18. That the front landscaped setbacks, outside the ultimate rights-of-way, shall include a landscaped
earthen berm (minimum three (3) feet high) and shall be planted and irrigated with mfnimum twenty
four (24) inch box sized trees located on maximum twenty (20) foot centers; provided, however,
that the City Traffic and Transportation Manager may modify this requirement to ensure adequato
vehicular and pedes!rian visibility. Said landscap(ng shall be shown specifically on plans submitted
for building permits.
19. That lhe landscaped areas within the ultimate rights-of-way dedication areas shall be properly
maintained by the property owner until such time as the streets are widened.
20. That clinging vines shall be planted, on maximum three (3) foot centers, along ail screen walls and
fences (except the building walls), including the trash enclosure. Such vines shall also be planted
along the wall of the liquor store building located on the adjacent property to the west of subject
property, if said building has been constructed at the property line. Said landscaping shail be
specifically shown on plans submitted far building permits.
21. That revised site plans shall be submitted to the Zoning Division showing relocation of the trash
enclosure to a location that can be screened from view of the public rights-of-way, to the
satisfaction of the Planning and Public Works Departments.
22. That trash storage area(s) shall be provided and maintained in locations acceptabio to the Public
Works Department, Streets and Sanitation Division, and in accordance wilh approved plans on file
with said Department. Said storage areas shall be designed, lacated and screened so as not t~ be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plants such as clinging vines or tall shrubbery.
Said information shall be specifically shown on the plans submitted for Streets and Sanitation
Division approval.
23. That a plan sheet for solid waste storage and collection and a plar, for recycling shall be submitted
to the Public Works Department, Streets and Sanltation D(vision, for review and approval.
'4" PC98-108
24. That an on-site trash truck tum-arouj~d area. shail be provided In campliance with Ei~Elneerin~
Standard Detail No. 610 and maintained to lhe sat~sl .c•.ian of tiyr; Rublic ;'Vr,rks Departmen:, SiruP~s
and Sanitation Division. Said tum-around area sh~all bA speci~i;,311y ~!;;,wn on plans subn•~i!te~ ~er
buiiding permits.
25. That the developer shall pay the Sewer Deficiency Feo for '~e Olci Totivn Basin 8 sew~~~ z~reti.
26. That the car wash shall utilize a recycled water system. The car wash system shali ;~!scharge to
the sanitary sewer system between the hours of 10 p.m. to 7 a.m. ~cr•.iy. "!"his limiiation shall be
noted on the building site plan and plumbing plans. Said ir,form2tion sti,ail b~ ~pecificeily shown on
plans submitted for buildinr; permits.
27. That the legal property owner shall submit evidence to the Public Works Depa~kme~~,t, Development
Services Division, that the site is a legal parcel of record as defined by the ~:''~division Map Act. If
the site comprises more than on~ (1) legal parcel, the property ownarl~leve!opzr shall submit a lot
line adjustment piat (tQ merge the parcels) to the Developme~t Services Division for review,
approval and recordation prior to issuance of a building permit. If the site is no; a lec~ai parcel, the
developer shall submit a Certificate of Compliance for review and approval by the City Engineer.
28. That the legal property owner shall provide an easement for public utility purposes to the City of
Anaheim, with varying widths in a location to be determined by the Public Utilities Department when
the e~ectrical design is being completed.
29. That the cost of any necessary relocation of existing power poles or street lights shall be the
developer's expe~se.
30. That ihis property shall be served with underground utilities in compliance with Electrical Rates,
Rules and Regulations (most current fees to apply) and the City of Anaheim Underground Policy.
31. That because this project has landscaping areas exceeding lwo thousand five hundred (2,500) sq.
ft., a separate irric~ation meter shall be installed to comply with City of Anaheim Ordinance No. 5349
and Chapter 10.19 "Landscape Water Efficiency' of lhe Anaheim MuniciFal Code.
32. That the car wash shall comply ~rith all state iaws and Iocal ordinances for wate~r conservation
measures. Voluntary water conservation strategies shall be encouraged.
33. That only two (2) driveways shall be permitted for this site, one (1) each on South Street and Harbor
Boulevard.
34. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436, 602 and 607 pertaining to parking standards and driveway locatio~s, including that the
driveways shall be as far as possible from the intersection. The property shall be developed and
maintained in conformance with said plan~.
35. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard N:;. 137.
36. That during business hours of this facility, the uni-sex rest room shall be available and accessible to
the public through the convenience markP!, The rest room shall be properly supplied and
maintained at all times.
37. That no outdoor vending machi;:;::. xhail be visible to the public ri~`its-of-way (South Street and
Harbor Boulevard).
-5- PC9$-108
38. That any aidwater/vacuum facilities shall be subject to review and approv2l `~y ti~e Planning
Commission as a"Reports and Recommendations" item. .
39. That lighting plans for any fixtures to 6e installed on the west side of the car wash shall be
submitted to the Community Services Division of the Police Department for review and approval.
40. That the hours of operation for the car wash shall be limited to 7:00 a.m. to 7:00 p.m. daily.
41. That the proposed two (2) foot wide iandscaped planter adjacent to the south side of the
convenience market shall be increased to a minimum of four (4) feet wide. Said information shall
be specifically shown on plans submitted for building permits.
42. That subject praper;y shall be developed substantially in accordance ~vith plans and ~pecifications
submitted to the City of Anaheim by the petitfoner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 lhrough 4, and as conditioned herein.
43. That prior to issuance of a building permit or withiri a period of ono (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 11, 13, 15, 16, 18, 20, 21, 22, 23, 24, 25, 26,
27, 28, 34, 38, 39 and 41, above-menti~ned, shall be complied with. Extensions for further~time to
compiete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code. Further, if an extension ~f time is requested for the alcohol sales portion of this
request, it shail be cons(dered at a nuticed public h~aring.
44. That prior to final building and zoning inspecti,ns, Condition Nos. 8, 14, 30, 31, 33, 35 and 42,
above-ment(oned, shal~ be complied with.
45. That approval of this application constitute;e aFproval of the proposed requESt only to the extent that
it complies with the Anaheim Municipal 2oning Code ~nd any other applicable City, State and
Federal regulations. Approval does not (nclude any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
8~ IT FURTHER RESOLVED that the Anaheim City Planning Commissian does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should any suc condition, or any part thereof,
be declared invalid or unenforc~able by the final judgment of any court of ompetent Jurisdiction, then this
Resolution, and any approvals here(n contained, s~!~ail be deem~c ~~II and oid.
THE FOREGOING RESOLUTIi''N was d~~-~'t the nnJng Commiss(on meeQng of
July 6, 1998. /
ATTEST: - -....... y.
~l.J ~-04CC(,~
SECRETARY, NAHEIM CITY PLANI~I~Ia COMMISSION
-6- "C98-108
STATE OF CALIFURt~IA )
COUNTY OF 012ANGE ) ss.
CITY OF ANA!iEIM )
I, Mar•~arita Solorio, Secretary of the Ar,aheim City Planning Cammission, do hereby
certiA; that the foregoing resolution was passed and adopted at a meeting of the Anaheim Cify Plar.ning
Commiss(on held on Ju{y 6, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, WILLIAM3
NOES: COMMISSIOMERS: NONE
ABSENT: GOMMISSIONERS: PERAZA
VACANT: ONE VACANCY SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ,~x- day of ,( _,
1998.
SECRETq~RY, A~HEIM CIiY PLA~~ COMMISS~ON
"~" PC98-108