Resolution-PC 2011-066RESOLUTION NO. PC2011 -066
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND AMENDING CONDITIONAL USE PERMIT NO. 2001 -04435
AND APPROVING VARIANCE NO. 2011 -04864
(DEV2011- 00015)
(900 WEST LINCOLN AVENUE)
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission
( "Planning Commission "), by its Resolution No. PC2001 -138, approved Conditional Use Permit
No. 2001 -04435 to retain and expand and existing car wash to include accessory take -out fast
food service for that certain real property located at 900 West Lincoln Avenue in the City of
Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, on July 28, 2003, the Planning Commission, by its Resolution No.
PC2003 -111, did amend certain conditions of approval of Resolution No. PC2001 -1.38 pertaining
to hours of operation and deleted the accessory take -out fast food service at the applicant's
request; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 2001 -04435 and Variance No. 2011- 04864, as
described below; and
WHEREAS, the applicant requests an amendment to Conditional Use Permit No.
2001 -04435 to construct a take -out restaurant and permit automobile sales in conjunction with an
existing car wash with a setback on Lincoln Avenue less than required by Code and fewer
parking spaces than required by Code; and
WHEREAS, the subject property is located in the General Commercial (C -G)
zone, and the Anaheim General Plan designates this property for Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 12, 2011, at 5:00 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 18.60, to hear and consider evidence for and against said proposed
amendment to conditional use permit and variance and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Planning 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:
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1. The proposed request to construct a take -out restaurant and permit automobile
sales in conjunction with an existing car wash with a setback on Lincoln Avenue less than
required by Code and fewer parking spaces than required by Code in the General Commercial
(C -G) zone is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.08.30.040.0402 (Restaurants - General).
2. The proposed conditional use permit to construct a take -out restaurant, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and .
development of the area in which it is proposed to be located because the majority of the
restaurant customers will be patrons of the car wash and pedestrian customers.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed restaurant and car wash use in a manner not detrimental to the particular area or
to the health and safety because the proposed restaurant and car wash will be Iocated within on
an existing commercial property and is adjacent to compatible commercial uses along Lincoln
Avenue.
4. The traffic generated by the proposed restaurant and car wash will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the restaurant and car wash use will not generate more traffic than anticipated for
commercially zoned properties.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed restaurant and car wash will be compatible with the surrounding area through
conditions of approval for the use and is not a health or safety risk to the citizens of the City of
Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code and to permit a setback on
Lincoln Avenue less than required by Code in conjunction with a request to construct a take -out
restaurant should be approved for the following reasons;
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(18 spaces required for the commercial
property; 16 spaces proposed).
SECTION NO. 18.08.060.010 Minimum Setback (15 feet required; 10 feet
proposed)
1. The requested variance is hereby approved based upon the variance justification
letter submitted by the applicant determining the number of parking spaces necessary for the
proposed commercial property. The variance justification concludes that the majority of the car
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wash employees do not drive to work and those that do often carpool. Many employees reside in
the adjacent neighborhood and walk to work. Additionally, patrons of the car wash do not
utilize parking spaces as the vehicles will be in the car wash and designated drying area. For
these reasons, this request will not cause fewer off- street parking spaces to be provided for the
proposed use than the number of such spaces necessary.
2. The variance will not will not increase the demand and competition for parking
spaces upon the public streets in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
3. The variance will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
4. The variance will not increase traffic congestion within the off - street parking
areas or lots provided for the proposed use because the project does not propose new ingress or
egress points and is designed to allow adequate on-site circulation.
5. The variance will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use because the
project does not propose new ingress or egress points and is designed to allow adequate on -site
circulation and therefore will not impede vehicular ingress to or egress from adjacent properties
upon the public streets in the immediate vicinity of the car wash property.
6. Special circumstances apply to the property as the location of the ultimate right -
of-way and setback requirements on Lincoln Avenue, in addition to the existing driveway
locations, constrain the available area to develop on the property.
7. Strict application of the Zoning Code deprives the property of privileges enjoyed
by other property under identical zoning classification in the vicinity as there are other properties
in the vicinity along Lincoln Avenue that are developed with buildings located within the street
setback area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as
defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission for the
reasons hereinabove stated does hereby amend Conditional Use Permit No. 2001 -04435 to
construct a take -out fast food building and grant Variance No. 2011 -04864 subject to the
conditions of approval of Resolution No. PC2003 -111, as previously amended, and as further
amended herein. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
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the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's 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 competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2003 -111, approving Conditional Use Permit No. 2001- 04435,
shall remain if full force and effect.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTIO _was adopted_a_Lthe Planning Commission
meeting of September 12, 2011.
ATTEST:
ACTING CHAIRMAN, HEIM CITY PLANNING COMMISSION
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC201 l -066
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 12, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 12` day of September, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00015
APN: 036 - 112 -32
0
W 0 -011
0
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to rive feet.
0
6
PC2011 -066
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1
The property owner shall irrevocably offer to dedicate to the
City of Anaheim an easement 53 ft in width from the street
centerline of Lincoln Avenue and a corner cut -off dedication
at Lincoln Avenue and Ohio Street for road, public utilities
and other public purposes.
Public Works,
Development
Services
Division
2
A landscape and irrigation plan shall be submitted to the
Planning Services Division for review and approval. The
plan shall include landscaping and irrigation within the
planter areas indicated on the Site Plan (Exhibit No. 1)
between the proposed restaurant building and Lincoln
Avenue and Ohio Street.
Planning
Services
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
3
The property owner shall obtain an encroachment license for
the sign located at the corner of Lincoln Avenue and Ohio
Street that is located within the ultimate 53 foot right -of -way
easement.
Public Works,
Development
Services
Division
4
The business shall be equipped with an alarm system (silent
or audible).
5
Address numbers shall be positioned so as to be readily
readable from the street. Numbers should be visible during
hours of darkness.
6
Complete a Burglary /Robbery Alarm Permit application,
Form APD 516, and return it to the Police Department prior
to initial alarm activation. This form is available at the
Police Department front counter. or it can be downloaded
from the following web site:
http: / /www.anaheim.net /article.asp ?id =678
7
All exterior doors to have adequate security hardware, e.g.
deadbolt locks.
8
Adequate lighting of parking lots, driveway. circulation
areas, aisles, passageways, recesses and grounds contiguous
to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2001-04435
AND VARIANCE NO. 2011-04864
(DEV2011- 00015)
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PC2011 -066
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visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on -site.
GENERAL
9
The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or
marked upon the premises or on any adjacent area under the
control of the licensee shall be removed or painted over
within 24 hours of being applied.
10
No automobiles for sale shall be displayed on the property
with the exception of the one vehicle display space required
by the Department of Motor Vehicles for automobile retail
sales offices. There shall be no advertising displays placed
on the vehicle beyond any sales information required to be
displayed by the California Department of Motor Vehicles.
Planning
Services
Division
11
This property shall be developed substantially in accordance
with the plans, technical studies and specifications submitted
to the City of Anaheim by the applicant and as conditioned
herein, which include the Site Plan, Floor Plan and Elevation
Plan dated September 12, 2011 (Exhibit Nos. 1 -3). The
existing pole sign shall be painted to be consistent with the
colors and design indicated on the proposed Elevation Plan
(Exhibit No. 3). Said plans and studies are on file in the
Planning Department.
Planning
Services
Division
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