RES-2011-172 RESOLUTION NO. 2011- 172
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT
TO CONDITIONAL USE PERMIT NO. 2001 -04435
AND APPROVING VARIANCE NO. 2011- 04864.
(DEV2011- 00015)
WHEREAS, on September 24, 2001, the Anaheim City Planning Commission
(hereinafter referred to as "Planning Commission "), by its Resolution No. PC2001 -138, did
approve 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 (the
"subject property "); and
WHEREAS, on July 28, 2003, the Planning Commission, by its Resolution No.
PC2003 -111, did amend Conditional Use Permit No. 2001 -04435 to delete the accessory take-
out fast food service and modify the conditions of approval of Resolution No. PC2001 -138
pertaining to hours of operation; and
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 2001 -04435 to permit the construction and operation
of a take -out restaurant and allow automobile sales in conjunction with an existing car wash, and
Variance No. 2011 -04864 to allow a reduced setback on Lincoln Avenue and fewer parking
spaces than permitted by code:
SECTION NO. 18.42.040.010.0102 Minimum Number of Parking Spaces:
(Total of 18 spaces required for the subject
property; 16 spaces proposed)
SECTION NO. 18.40.050.020 Minimum Setback on Lincoln Avenue:
(VARIANCE NOT REQUIRED)
WHEREAS, the subject property is located in the C -G (General Commercial)
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
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WHEREAS, the 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, did adopt its Resolution No. PC2011 -066 granting the amendment to
Conditional Use Permit No. 2001 -04435 and Variance No. 2011 - 04864; and
WHEREAS, within the time prescribed by law, an interested party or parties did
appeal said Planning Commission decision to the Anaheim City Council; and
WHEREAS, thereafter, the City Council did set the matter for a de novo hearing,
which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council
did hold and conduct such public hearing and did give all persons interested therein an
opportunity to be heard, and did receive evidence and reports, and did consider the same; and
WHEREAS, after careful consideration of the recommendations of the Planning
Commission and all additional evidence and reports offered at said public hearing before the City
Council, the City Council does hereby find and determine, with respect to the request for an
amendment to said conditional use permit that all of the conditions and criteria set forth in the
Anaheim Municipal Code are present as follows:
1. The proposed request to permit the construction and operation of a take -out
restaurant and allow automobile sales in conjunction with an existing car wash in the C -G
(General Commercial) zone is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.040.0402 (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 located 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
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conditions of approval for the use and is not a health or safety risk to the citizens of the City of
Anaheim.
WHEREAS, the City Council does further find and determine that the requested
variance to allow fewer parking spaces than permitted by code should be approved for the
following reasons:
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
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.
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 City Council, for the reasons
hereinabove specified does hereby grant the amendment to Conditional Use Permit No. 2001-
04435 to permit the construction and operation of a take -out restaurant and allow automobile
sales in conjunction with an existing car wash and Variance No. 2011 -04864 to allow fewer
parking spaces than permitted by code.
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BE IT FURTHER RESOLVED that the City Council does hereby amend and
restate the conditions of approval adopted in connection with Resolution No. PC2001 -138,
approving Conditional Use Permit No. 2001 - 04435, to read as stated in Exhibit "B" attached
hereto and incorporated herein by this reference, which conditions are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. 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 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, except as expressly amended herein, the
provisions of Resolution No. PC2001 -138, approving Conditional Use Permit No. 2001 - 04435,
shall remain if full force and effect.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
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 City Council 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 conditions, 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 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 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.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 6th day of December , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By:
AYOR OF TH CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2011 -00015
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2001-04435
AND VARIANCE NO. 2011-04864
(DEV2011- 00015)
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
FRIOR TO ISSUANCE OFA BUILDING PERMIT
1 The property owner shall irrevocably offer to dedicate to the Public Works,
City of Anaheim an easement 53 ft in width from the street Development
centerline of Lincoln Avenue and a corner cut -off dedication Services
at Lincoln Avenue and Ohio Street for road, public utilities Division
and other public purposes.
2 A landscape and irrigation plan shall be submitted to the Planning
Planning Services Division for review and approval. The Department,
plan shall include landscaping and irrigation within the Planning
planter areas indicated on the Site Plan (Exhibit No. 1) Services
between the proposed restaurant building and Lincoln Division
Avenue and Ohio Street.
FRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
3 The property owner shall obtain an encroachment license for Public Works,
the sign located at the corner of Lincoln Avenue and Ohio Development
Street that is located within the ultimate 53 foot right -of -way Services
easement. Division
4 The business shall be equipped with an alarm system (silent Planning
or audible). Department,
Planning
Services
Division
5 Address numbers shall be positioned so as to be readily Police
readable from the street. Numbers should be visible during Department
hours of darkness.
6 Complete a Burglary /Robbery Alarm Permit application, Police
Form APD 516, and return it to the Police Department prior Department
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
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7 All exterior doors to have adequate security hardware, e.g. Police
deadbolt locks. Department
8 Adequate lighting of parking lots, driveway, circulation Police
areas, aisles, passageways, recesses and grounds contiguous Department
to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly
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 Planning
adjacent to the premises over which they have control, in an Department,
orderly fashion through the provision of regular maintenance Code
and removal of trash or debris. Any graffiti painted or Enforcement
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 Planning
with the exception of the one vehicle display space required Department,
by the Department of Motor Vehicles for automobile retail Planning
sales offices. There shall be no advertising displays placed Services
on the vehicle beyond any sales information required to be Division
displayed by the California Department of Motor Vehicles.
11 This property shall be developed substantially in accordance Planning
with the plans, technical studies and specifications submitted Department,
to the City of Anaheim by the applicant and as conditioned Planning
herein, which include the Site Plan, Floor Plan and Elevation Services
Plan dated September 12, 2011 (Exhibit Nos. 1 -3). The Division
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.
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