Resolution-PC 2001-138~
RESOLUTION NO. PC2001-138
.
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04435 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
LOT 4, 5 AND 6 IN BLOCK A, VILLA TRUST, ANAHEIM, CALIFORNIA, AS PER MAP
THEREOF RECORDED IN BOOK 14, PAGES 45 OF MISCELLANEOUS RECORDS IN
THE OFFICE OF THE RECORDER OF LOS ANGELES COUNTY.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 24, 2001 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that this was continued from the
September 10, 2001 Planning Commission meeting; 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
Anaheim Municipal Code Section 18.45.050.080 and 18.45.050.290 to retain and expand an existing car
wash to include accessory take-out fast food service with waiver of the following:
Sections 18.06.050 - Minimum number of parking spaces.
18.06.050.020.023.0233
and 18.45.066.050
2. That the waiver of minimum number of parking spaces is hereby denied because following
public notification it was determined that the waiver is not necessary.
3. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
4. That the size and shape of the site for the proposed use, 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.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting 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 the existing car wash is a legal non-conforming land use and approval would bring it
into conformance with current Zoning Code provisions requiring a conditional use permit and, as conditioned
herein will not adversely affect the adjacent residential land uses or the growth and development of the area.
8. That the property provides adequate ingress/egress from public streets, on-site vehicular
circulation, and adequate parking for customers and employees patronizing the property.
CR5204PK.doc -1- PC2001-138
. •
9. That no one indicated their presence at the public hearing in opposition to the proposal; and
that finro letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities), as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
1. That there shall be no public telephones on the premises, which telephones are located outside the
building.
2. That alf existing and proposed roof-mounted equipment shall be screened from view in accordance with
the requirements of the CG "Commercial General" Zone. Said information shall be specifically shown
on the plans submitted for building permits.
3. That no portable canopies or awnings shall be permitted.
4. That no advertisement of food or drink shall be permitted. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendation" item.
5. That hours of operation shall be limited to Monday through Saturday, 8 a.m. to 6 p.m.
6. That a non-audible system shall be used to inform customers that their vehicle is ready for pick-up.
7. That all outdoor activities shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels."
8. . That on-site tables and seating areas shall be limited to those shown on exhibits submitted by the
applicant and approved by the Planning Commission.
9. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
10. That no public address ("PA") system shall be used on the premises.
11. Proposed Condition No. 11 was deleted at the September 24, 2001 public hearing.
12. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that the
doors to the equipment room shall be solid core construction and equipped with self-closing devices.
13. That no banners or other advertising visible to adjacent streets shall be displayed inside the car wash
tunnel unless a Special Event Permit is first obtained.
14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits.
-2- PC2001-138
.
~
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said
turn-around area shall be specifically shown on the plans submitted for buifding permits.
17. 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 Exhibit Nos. 1 through 3, and as conditioned herein.
18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 2, 14, 15 and 16, above-mentioned, shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
19. That prior to the commencement of the activity authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition Nos. 12 and 17, above-mentioned, shall be
complied with.
20. 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
reqaest regarding any-o~her applicable-ordf~anc€;-reg~lation-o~-rec}uirement.. _
21. That the petitioner stipulated at the September 24, 2001 public hearing, that signs were posted
throughout the property advising customers not to loiter or trespass on adjacent properties.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 24, 2001.
~.~~ R .~.~.~~0.~~~
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~.PJ~,cYn- o~Q.D
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2001-138
~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
C , 2001.
/~ ~ C~1
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2001-138