Resolution-PC 98-87RESOLUTION NO. PC98-87
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 86R-525, AS AMENDED BY RESOLUTIO(~ NO. 88R-280 AND
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2844
WHEREAS, on November 25, 1986, Condilional UsP Permit No. 2844 was approved by
the City Council under Resolution No. 86Ft-525 to permit a gas station with a 1,000 sq.ft. mini-market and
car wash, and with waiver of minimum structural setback on prope~ty located at the southwest corner of
the SR-91/Riverside Freeway and Weir Canyon Road; and that said resolution included certain conditions
of approval (Nos. 7 and 11) pertaining to development in accordance with the approved plans; and
WHEREAS, on July 12, 1988, Resolution No. 88R-280 was adopted by the City Council to
amend Resolution No. 86R-525 to permit the retail sale of beer and wine for off-premises consumption
and to amend the conditions of approvai accordingly (Nos. 7 and 11 were amended and a new Condition
No. 12 was added to permit off-sale beer and wine subject to compliance with Section 18.87.023.200 of
the Anaheim Municipal Code}; and
WHEREAS, the property is currently developed with a service station (Shell Oil) with an
automated car wash and a convenience market in the CL(SC) "Commercial Limited - Scenic Corridor
Overlay" Zone; and
WHEREAS, the petitioner has submitted revised plans (f2evision No. 3 of Exhibit Nos. 1 and
2, proposed site plan and elevations) and new plans (Exhibit Nos. 3 and 4, proposed colored wall signs),
to expand and redesign the existinc~ automatic "unattended" car wash under authority of Code Sections
18.44.050.080 and 18.84.061, and including a revised parking and access plan with waiver of the
following:
Section 18.84.062.011 - Minimum structural setback adiacent to a freeway and a
scenic hiahway.
100 feet required; 45 feet proposed from the SR-951Riverside Freeway
and 90 feet proposed from Weir Ganyon Road)
WHCREAS, the City Planning Commission did hold a public hearing at the Civic Centalr in
the City of Anaheim on May 27, 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
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 hearing, does find
and determine the following facts:
'i. That the c2r wash is proposed to be expanded frorn 936 sy.ft. to 1,072 sq.ft. (1,440 sq.ft.
including a porte cochere).
2. That the waiver is similar to what was originally approved: the car wash building was
originally located a minimum of about 50 feet from the freeway (45 feet propcsed to the porte cochere)
and about 108 feet from Weir Canyon Road (90 feet proposed to the porte cochere).
CR3302PL.DOC -1- PC98-87
3. That there is a speciai circumstances applicable to the property consisting of its topography
because the grade difference between the Riverside Freeway and Weir Canyon Road, and the building
pad creates a substantiai visuai setback that adequately meets the intent of the Code regarding
landscaped setbacks in the Scenic Carridor.
4. That strict application of the Zoning Code deprives the prop~rty of privileges enjoyed b,y
identicai zoning classification in the vicinity because the topographl~ and shape of the property do not
apply to identically zoned properties in 4he area.
5. That the use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
6. That the size and shape of the site for the use, as amended, is adequate to allow the fuil
deveiopment of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
7. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area:
8. That amending this co~ditional use permit, under the conditions imposed, wiil not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to this proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand and redesign the existing automatic
"unattended" car wash, including a revised parking and access pian, with waiver of minimum structural
setback adjacent to a freeway and a scenic highway; and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit Mo. 2844 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previous{y approved
Negative Declaration together with any comments received during the public review process 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 ~ESOLVED that the Anaheim City Planning Commission does
hereby amend Reselution S6R-525, as amended by Resolution No. 88R-280 and adopted in connection
with Condition No. 2844, as follows:
(a) Amend Condition No. 7 to read:
7. That subject property shall be developed substantially in accordance with plans and
specifications submitted by the potitioner and on file with the City of Anaheim marked Revision No. 3 of
Exhibit Nos. 1 and 2, and Exhibit Nos. 3 and 4, and as conditioned herein.
(b) Add new Condition Nos. 13, 14 and 15, to read:
13. That signs shall be limited to those approved in conjunction ~vith Variance No. 4213.
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14. That the north etevation of the car wash building shail not contain any ~vindows. The
windows shown on the approved plans shall be removed or may be replaced with sky
lights.
15. That th~::: shall be no outdoor advertising of products, except in connection with a valid
Spesial Event Permit.
May 27, 1998.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
L ~1 G~~ ~ ~~r,-'7" 'L-G~Z-l. ~Y
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATT'EST:
~
SECRETARY, AHEIM CI'f`f PLANNING COMMISSION
STATE OF CALIFORNiA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, Margarita Solorio, 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
Commission held on May 27, 1998, by the followi~ig vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRIBTOL, HENNINGER, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COM~~IISSIONERS: BOYDSTUN, PERAZA
IN WITNESS WHEREOF, I have hereunto set my hand this a~-- day of
_~, 1998. _
SECRETARY(~NAHEiM CITY PLANNING COMMISSION
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