Resolution-PC 2002-20~ . _
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RESOLUTION NO. PC2002-20
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04495 BE GRANTED
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:
THE EAST 150.00 FEET OF THE WEST 207.00 FEET OF THE SOUTH 154.00. FEET
OF THE NORTH 2O7.00 FEET OF THE FRACTIONAL NORTHWEST QUARTER OF
SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN
BOOK 21, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON A LINE 53.00 FEET SOUTHERLY (AS MEASURED AT RIGHT ANGLES
FROM THE MONUMENTED CENTERLINE OF ORANGETHORPE), AND 69.05 FEET
EASTERLY (AS MEASURED AT RIGHT ANGLES FROM THE MONUMENTED
CENTERLINE OF CYPRESS STREET) SAID POINT ALSO BEING THE BEGINNING
OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90 13' 42" AN ARC DISTANCE OF 23.62 FEET, TO A POINT ON
A LI.NE 19.06 FEET SOUTHERLY OF SAID CENTER LINE OF ORANGETHORPE AND
23.00 FEET EASTERLY OF SAID CENTERLINE OF CYPRESS STREET, THENCE
NORTH 0 00' 00" 50 EAST 15.06 FEET THENCE SOUTH 89 45' 28" EAST 25.05 FEET
TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 28, 2002 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
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 Sections18.03.030 and 18.61.050.070 to permit a smog check station with
waiver of the following under the authority of Code Section 18.06.080:
SECTION NOS. 18.06.050.022
AND 18.61.066.050
Minimum number of parking spaces. (17
required; 9 proposed and recommended by the
City Traffic and Trar~sportation Manager)
2. That a parking letter, dated November 21, 2001, was prepared by the petitioner, to
support the parking waiver the City Traffic and Transportation Manager has reviewed the letter and
concerns that the proposed parking is adequate for this specific proposal at this location; and
3. That the proposed project will not increase demand for parking on any streets in the
vicinity; and
4. That the proposed project will not cause any demand for parking on private property in
the vicinity. All customers drive through the smog check station without parking and an adequate supply
of parking is provided on the site for employees; and
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5. That the proposed project wil! not impede vehicular ingress or egress, because the
project is not expected to result in stacking of vehicles due to the design of the service drive-through
station; and
6. That the waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
such use; and
7. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use; and
8. That a smog check station is a conditionally-permitted use within the ML Zone and that
the proposed operations, as conditioned, would not adversely affect the adjoining properties nor be
detrimental to the peace, health, safety and general welfare of the particular area; and
9. 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; and
10. That the granting of the 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; and
11. That the size and shape of the property is adequate to allow for the full development of
the proposed use with no detrimental impacts to the surrounding area; and
42. That no added traffic or parking impacts should occur because of the nature of the
proposed drive-through smog check business; and
13. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a smog check station with a waiver of
minimum number of parking spaces on a rectangularly-shaped, 0.45-acre property located at the
southeast corner of Orangethorpe Avenue and State College Boulevard having frontages of 154 feet on
the south side of Orangethorpe Avenue and 154 feet on the east side of State College Boulevard (2000
East Orangethorpe Avenue); and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received 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 grant subject Petition for Conditional Use Permit, 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 window signage shall not be permitted.
That no banners or other advertising shall be displayed and that no special event permits shall be
issued for this business.
3. That, if needed, the legal owner of the subject property shall provide the City of Anaheim with a
public utilities easement to be determined as electrical design is completed. Said easement shall
be submitted to the City of Anaheim prior to connection of electrical service.
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4. That signage for the subject facility shall be limited to one (1) wall sign on the building elevation
facing Orangethorpe Avenue, one (1) wall sign on the building elevation facing State College
Avenue, and the monument sign shown on the exhibits submitted by the petitioner. Any additional
signage shall be subject to review and approval by the Planning Commission as a"Reports and
Recommendations" item. Said signage shall be shown on plans submitted for building permits.
5. That prior to the operation of the business, a valid business license shall be obtained from the City
of Anaheim, Business License Division.
6. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage
uses.
7. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department and in accordance with approved plans on file with said Department. The trash
enclosure provided shall be roofed to prevent entry of storm water. Said information shall be
specifically shown on plans submitted for Public Works Department, Streets and Sanitation
Division approval.
8. That if the new landscaping area exceeds 2,500 square feet, a separate irrigation meter shall be
installed. Said information shall be shown on plans submitted for building permits.
9. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No.
610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation
Division. Said turn-around area shall be specifically shown on plans submitted for Public Works
Department, Streets and Sanitation Division approval.
10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
11. That the driveways shall be reconstructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 137. Said information shall be
specifically shown on plans submitted for City Traffic and Transportation Manager approval.
12. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
13. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and
all work on vehicles shall be confined entirely to the interior of the building.
14. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
15. That any exterior vending machine shall not be visible from #he public right-of-way.
16. That there shall be no vehicle sales or dismantling permitted on the premises.
17. That this use shall be limited to a smog check testing station only. No repair, sales, rental,
detailing, storage or other work shall be performed on the premises.
18. That subject property shall be developed and maintained 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, 2, 3, 4, 5a and 5b as conditioned herein.
19. That prior to final Building and Zoning inspections, the existing pole sign, in its entirety, shall be
removed. Said information shall be specifically shown on plans submitted for building permits.
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20. That 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. 3, 4, 7, 8, 9, 10, 11, 14 and 19,
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.
21. That prior to final building and zoning inspections, Condition Nos. 18 and 19, above-mentioned,
shall be complied with.
22. 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 fhat the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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
January 28, 2002. ~
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CHAIRPE~ ON, ANAHEIM CI~"fY PLANNING COMMISSION
ATTEST:
~~,....-...-~- -~~~ : .~y=--~J~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 January 28, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~r~ ar , 2002.
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S CRETARY, ANAHEIM CITY PLANNING COMMISSION
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