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Resolution-PC 2000-27• ~ RESOLUTION NO. PC2000-27 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 97R-137, A5 AMENDED, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3939 WHEREAS, on July 15, 1997 the Anaheim City Council adopted Resolution No. 97R-137 granting Conditional Use Permit No. 3939 to construct a 3,750 sq.ft. service station, including a convenience market with retail sale of beer and wine for off-premises consumption, a drive-through car wash, and two fast food restaurants on a irregularly-shaped, 0.93-acre property located at the southwest corner of Broadway and Anaheim Boulevard, having frontages of 175 feet on the south side of Broadway and 150 feet on the west side of Anaheim Boulevard, and further described as 301 South Anaheim Boulevard; and that said resolution included Condition No. 38 which requires that the property be developed substantially in accordance with Exhibit Nos. 1 through 6, on file with the Planning Department; and WHEREAS, a Determination of Public Convenience or Necessity (No. 97-09) was concurrently approved by the City Council for a Type 20 Alcoholic Beverage Control (A.B.C.) license permitting the retail sale of beer and wine in conjunction with the proposed convenience market at 301 South Anaheim Boulevard; and WHEREAS, on October 26, 1998 the Planning Commission adopted Resolution No. PC98- 166 to amend Condition No. 37 of the above-mentioned Resolution No. 97R-137 regarding the hours during which beer and wine could be sold; and WHEREAS, this property is developed with an Arco service station and an accessory convenience market with fast food and retail sale of beer and wine, and a drive-through car wash in the CL (Commercial, Limited) Zone; and that tlie Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the petitioner has submitted a request to amend Condition No. 38 of Resolution No. 97R-137, pertaining to the approved development proposal shown on Exhibit Nos. 1 through 6, to allow full service car wash facility (i.e., instead of the existing drive-through car wash) in conjunction with the existing service station and convenience market with fast food and retail sale of beer and wine; and that a revised exhibit (Revision No. 1 of Exhibit No. 1) was submitted showing the proposed site plan and building elevations; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 13, 2000, at ~: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: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; and that the proposed revisions (shown on Revision No. 1 of Exhibit No. 1 and described in paragraphs (8) through (11) of the March 13, 2000 Staff Report to the Planning Commission) consist of a new arch for the vacuum station, a service kiosk at the entrance to the car wash, and an outdoor detail area. CR3907PK.DOC -1- PC2000-27 . . 2. That the proposal is approved, in part, to permit a new vacuum arch and an attendanYs kiosk for a full service car wash, and to require that plans be submitted to staff for approval showing a permanent structure for the outdoor detail area; that the modification, as approved, is reasonably necessary to protect the public peace, heal$h, safety or general welfare, and necessary to permit reasonable operation under the conditional ~use permit as originally approved; and that the modification, as approved, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the use, as amended and as conditioned herein, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the vacuum arch with signage identifying the car wash entry will provide more efficient processing of vehicles through the car wash and reduce the amount of vehicular stacking on site; and that the submitted elevation drawings indicate that the vacuum arch will match the architectural style and exterior materials of the adjacent service station building. 5. That the traffic generated by the use, as approved, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That amending 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. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3939 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 previously approved Negative Declaration together with any corrnments received during the public review process 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 City Planning Commission does hereby amend Resolution No. 97R-137, as amended by Resolution No. PC98-166 and as adopted in connection with Conditional Use Permit No. 3939, to allow a full service car wash facility in conjunction with a previously-approved service station with an accessory convenience market with the sale of beer and wine for off-premises consumption, and finro fast food restaurants; AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend Condition No. 38 of Resolution No. 97R-137, as amended, to read as follows: "38. 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 Planning Department marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 through 6, and as conditioned herein." AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby add the following new conditions of ~approval: "43. That car wash signage shall be limited to a single directional "full-service car wash" sign located on the ~vacuum arch and a"menu" sign located on the concrete block wall adjacet~t to the west property line. CR3907PK.DOC -2- PC2000-27 • ~ 44. That a final plan shall be submitted to the Zoning Division of the Planning Department for review and approval by staff showing a permanent structure for the detail area." THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 13, 2000. ~i%~-a/~ CHAIRPERSON, ANAHEIM ITY PLANNING COMMISSION ATTEST: ~~~ SECRETA , AN IM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CIl`Y 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 March 13, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this /D~ day of , 2000. G~ <(~ "'~' ~ SECR ARY, NAHEIM CITY PLANNING COMMISSION CR3907PK.DOC -3- PC2000-27