Resolution-PC 98-127~~,
~ESOLUTIG'N NO. PC98-127
A RESOLUTION OF THE ANAHEIM CITY PL4NNING COMMISSION
AMENDING RESOLUTION Nd. 97-35, INCLUDING CERTAIN CONDITIONS THEREOF,
ADOPTED IN CONNECTION WITH CONDIT(ONAL USE PERMIT NO. 3315
WHEREAS, on March 31, 1997, the Planning Commission adopted Resolution No. PC97-
35 granting Conditional Use Permit No. 3915, in part, to expand an existing service station, including an
accessory convenience market, fast food service, retail sale of beer and wine for off-premises
consumption, and construction of a new drive-through, seif-serve car wash at 1199 South State College
6oulevard (Mobil Service Station) with waiver of minimum landscaping adjacent to interior property lines
(waivers of minimum parking lot landscaping, permitted location of freestanding signs and minimum
distance between freestanding signs were denied); and that on June 9, 1997, the Commission approved,
by motion, final elevation, landscaping and sign plans for this service station facility; and
JJHEREAS, this property is partially developed with a senrice station, convenience market,
car w2sh, and a non-conforming billboard located along the west property line; and that the billboard is
non-conforming because it was legally constructed without a conditional use perrtiit prior to the enactment
of Section 18.05.112, which subjects billboards to a condii(onal use permit; and
WHEREAS, Resolution No. PC97-35, adopted in connection with subject use conditional
use permit, inciudes the follow(ng condition of approval:
"36. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the P;a~ning Department marked Revision No. 1 of Exhibit Nos. 1, 2 and 3, and as
condit~ar~~' 7erein:'
WH~=:.i~AS, tiie petitioner requests review a~~ approval of revised pia,is (Revision Na 3 of
Exhibit Nu,. ;, ~ and 3) pertain:ng r~ re[a~tion of tlie existfng non-confcrming billboard, enlaryeme.~t of the
previously~~pproved car wash f~cility and enlargement of the monument sign in cenJunction with the
previously-approved servic~~ station and conveniencP market, and with waivers of the following:
(a) Sections 18.02.058•014 - Prohibition of addition to a non- conformin use.
and 18.03.030.040 (Code prohibits anv additional uses in connection with any
existing non-conforming use; petitioner requests retention of
an existina non-conformino billboard in connection with a
service station, convenience market and car washl
(b) Sections 1s3_05.093. 20
and 18.61.067
(c) Sections 18.05.93.060
and 18.61.067
(d) Section 18.61.063.011
- Maximum area of a monument sian.
(65 s°, ft, permitted; 74 sa. ft, proposed)
- Maximum monument sian width.
10 fee permitted; 14 feet. 8 inches proposed)
- Minimum structural setback from an arterial hiahway.
(50-foot setback required adjacent to Ball Road; 35-foot
setback proposed for the new car wash tunnel}
CR3397PL.DOC -1- PC98-127
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 18, 1998, at 1:30 p.m., notice of said public hearing having 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 amendment and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
Commission meeting of July 20, 1998; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said Y~earing, does find
and determine the following facts:
1. That waiver (a), pertaining to prohibiting addition to a non-conforming use (billboard), is
hereby approved.
2. That waivers (b), (c) and (d), pertaining to maximum monument sign area, maximum
monument sign width and minimum structural setbaclc from an arterial highway, are hereby denied on the
basis that there are no special circumstances or identified hardships affecting this property to warrant
granting of the requested waivers from Code requirements; and, furthermore, granting of the waiver~
would be a special privilege that would allow this property to enjoy development rights that are not shared
by surrounding in~ustrial properties.
3. That the revised plans (Revision No. 3 of Exhibit Nos. 1, 2 and 3) were approved, in part,
permitting modifica;ion of the wall signs for the accessory convenience market to allow identification of the
food service as shown on the revised plans on the basis that the proposed signs are substantially in
conformance to the size of the wall signs previously-approved for this facility; but denying the proposed
minimum setback between the nQw car wash tunnel and Ball Road, and denying the proposed monument
sign (thereby permitting a monument sign complying with Code).
4. That two people spoke in opposition at the public hearing in opposition; and th~t no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Th2t Jhe ,Anaheii(fl G'il~~
Planning Commission has reviewed the proposal and does hereby find that the Nec~blj~~~ p@ciarahon
previously approved in connection with Conditional Use Permit No. 3915 is adequate to serve as ~he
required environmental documentation in connection with lhis request upon finding that the d~aaradion
reflects the independent judgment of the lead agency and that it has considered the prr-~:~dusly approved
Negative Declaration toc~ether with any comments received during the pub~ic review pror,es~ and further
finding on the basis of lhe initial study and any comments received that there is no subsia.'1;~'11a1 evidence
that the projer,t will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commi~~lEfl d~oes
hereby amend Resolution No. PC97-35, adopted in connection with Conditional Use Permit No. 3~~5, (~ j
follows:
(1) Approve the following additional waiver to retain the existing non-conforming billboard in
connection with lhe previously-approved service station and accessory convenience market, fast
food service, retail sale of beer and wine for off premises consumption, and new drive-through,
selF-serve car wash:
Sections 18.02.058.014 - Prohibition of an addition to a non- conforminp use.
and 18.03.030.040 (Code prohibits any additional uses in connection with any
existing non-conforming use; petitioner requests retention of
an existin4 non-conformina billboard (n connection with a
service station, convenience market and car wash).
PC~JB-127
(2) Approve the requested modification of the wall signs for the accessory convenience market to
allow identification of the food service as shown on the revised plans (Revision No. 3 of Exhibit
Nos. a, 2 and 3).
(3) Amend Condition No. 36 to read:
36. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which pians are on
file with the Planning Department marked Revision No. 3 of Exhibit Nos. 1; 2 and 3; and
as conditioned herein, including that the monument sign shall comply with Code.
(4) Add the following new Gondition Nos. 41 and 42:
41. That the car wash tunnel shall be removed.
42. That prior to re-activating the building permits, finai plans showing removal of the car
wash tunnel shall be submitted to the Zoning Division for review and consideration by the
Planning Commission as a"Reports and Recommendations" item.
BE IT FURTHER RESOLVED that the Anaheim City planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applfcanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of c inpetent jurisdiction, then this
Resolution, and any approvals herein contained, shall be d ;ed n Iland .
THE FOREGOING RESOLUTIO as adopte at P ' g Commission meeting of
August 17, 1998. ~ / ~ ~--
COMMISSION
ATTEST:
h.~
SECRETARY, HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorfo, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commissfon held on August 17, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PEFtAZA,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VF\CANT
/~ . U IN ' 9198 ESS WNEREOF, I have hereunta set my hand this 31~ day of
(~.~ .
Q,~a--~ ~I'f1-$~
SECRETAR , NAHEIM CITY PLANNING COMMISSION
-3 PC98-127