Resolution-PC 2001-22~ ~
RESOLUTION NO. PC2001-22
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING VARIANCE NO. 447
FOR THREE (3) YEARS TO EXPIRE ON MARCH 16, 2004,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREOF
(VAR Tracking No. 2001-04414)
WHEREAS, on December 20, 1955, City Council adopted Resolution No. 3043 to approve
Variance No. 447 permitting operation of a gasoline service station at 302 South East Street; and
WHEREAS, on April 27, 1998, the Planning Commission adopted Resolution No. PC98-32
to amend this variance, including adding conditions of approval and permitting the use for a period of
three (3) years to expire on March 16, 2001; and that said resolution contains the following condition:
24. That the subject use shall expire three (3) years from the date of this resolution on
March 16, 2001.
WHEREAS, tf~is property is developed with a service station with accessory automotive
repair facilities and is zoned RM-2400 (Residential, Multiple-Family); and that the Anaheim General Plan
Land Use Element designates the property for Medium Density Residential land uses; and
WHEREAS, the petitioner has requested reinstatement of Variance No. 447 (which will
expire on March 16, 2001) under authority of Code Section 18.03.093.040 in order to retain the existing
gasoline service station.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 12, 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 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 reinstated use is properly one for which a variance was authorized by the Anaheim
Municipal Code when the use was originally approved.
2. That reinstating this variance, as conditioned herein, to retain the service station with
accessory automotive repair for an additional period of time will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located because no changes have
occurred to the approved use and that the conditions of approval, as amended, have been complied with.
3. That the size and shape of the site for the proposal is adequate to allow full development of
the reinstated use in a rnanner not detrimental to the particular area nor to the peace, health, safety and
general welfare.
4. That the traffic generated by the reinstated use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
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5. That reinstating this variance, as conditioned herein, will not be detrimental to the particular
area and surrounding land uses, nor to the public peace, health and safety and general welfare of the
citizens of the City of Anaheim.
6. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, 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 reinstate Variance No. 447 to retain the existing gasoline service station with accessory
automotive repair for a period of three (3) years to expire on March 16, 2004;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. 3043, adopted in connection with Variance No.
447 as amended, to read as follows:
1. That the subject conditional use permit shall expire in three (3) years from the date of this resolution
on March 16, 2004.
2. That the property owner shall record, and maintain, an unsubordinated agreement with the Office of
the O~aFlge Cau~ty Recorder agr~~ing to rerxiove the service station structuresr including
underground tanks, in the event that the service station is closed for a period of one (1) year. A
service station shall be considered closed during any month in which it is open for less than fifteen
(15) days.
3. That trash storage areas shall be maintained to the satisfaction of the Streets and Sanitation
Division of the Department of Public Works, to comply with minimum requirements including the
installation of doors to screen trash bins from the public's view.
4. That no outdoor storage of, or display of, vehicles or vehicle parts shall be permitted; and that no
outdoor work of any kind (including any operations where only part of the car is inside the building,
except for smog checks on front wheel drive cars) shall be conducted on the property.
5. That the existing public telephone shall remain located within the service station building or shall be
removed from the property.
6. That the owner of the subject property shall be responsible for the removal of any on-site graffiti
within twenty four (24) hours of its application.
7. That the property shall be maintained in accordance with the approved plans showing compliance
with the latest revisions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking
standards and driveway locations.
8. That landscaping consisting of trees, shrubs, groundcover, and flowering plants shall be planted
and maintained in landscape planters and large above-ground planter boxes or pots.
9. That clinging vines shall be maintained on maximum three (3) foot centers adjacent to aIl masonry
walls and trash enclosure walls which are visible to the public rights-of-way.
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10. That overnight vehicle parking shall be limited to inside the building or to the fenced yard to the rear
of the building.
11. (a) That only gasoline sales, oil changes, smog checks, brakes, tune-ups, air conditioning
services and diagnostic services shall be permitted; and
(b) That automobile body work, major transmission repair, major engine overhaul, painting, and
retail sales of automobile parts or tires shall not be permitted.
12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of
providing an area for outdoor work or any other activity associated with this business shall be
permitted anywhere on this property.
13. That the primary use of this business shall be gasoline sales in accordance with the original
approval of this Variance No. 447.
14. That no propane tanks shall be permitted.
15. That all vehicles awaiting service shall be parked on-site; and that the public streets shall not be
utilized for any parking related to this business.
16. That the existing wall sign on the north elevation ("Anaheim Service Station - Smog Check") is
permitted; and that any new signs, including any freestanding sign, shall comply with the standards
of the RM-2400 Zone unless a separate variance application is submitted and approved by the
Pianning CommissioFl and/ar the Gity Cauncil, ~II new signs shall be subject to the review and
approval of the Planning Commission as a"Reports and Recommendations" item.
17. That a maximum of six (6), maximum fifty five (55) gallons each, drums may be stored immediately
adjacent to the rear of the service station building in leak-proof enclosures. Such drums shall not to
be located within the view of the public rights-of-way.
18. That the approved plan sheet for solid waste storage and collection and a plan for recycling shall be
adhered to as approved by the Streets and Sanitation Division of the Department of Public Works.
19. That any tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased, and/or dies; and that any trees or other landscaping shall not be
unreasonably trimmed.
20. That this approval is granted subject to the business operating as a gasoline service station, and to
its being properly maintained in conformance with all conditions of approval and Code
requirements.
21. That, as stipulated to by the property owner, the hours of operation shall be limited to:
7 a.m. to 10 p.m. daily for the gasoline sales portion of this use permit.
7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 7 p.m. on Saturday, and 9 a.m. to 7
p.m. on Sunday for the automotive repair portion of this use permit.
22. That this property shall be developed and maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the property owner and which plans are on file
with the Planning Department marked Exhibit No. 1, and as conditioned herein; provided, however,
that a snack shop is no longer part of this approval, as stipulated by the petitioner at the March 16,.
1998 public hearing.
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23. 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 appticable 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 12, 2001. , ,
CHAIRPERSON, A~IM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 February 12, 2001, by the following vate o# the members th~r~of:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~..- day of
~Mo~,c~4~.~ , 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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