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Resolution-PC 2003-111• RESOLUTION NO. PC2003-111 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC2001-138 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2001-04435, AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREIN WHEREAS, on September 24, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-138, grant Conditional Use Permit No. 2001-04435, in part, to retain and expand an existing car wash to include accessory take-out fast food service with waiver of minimum number of parking spaces; that the parking waiver was denied because it was determined to be unnecessary; and that said Resolution includes Condition No. 5 which specifies: that the hours of operation shall be limited to Monday through Saturday, 8 a.m. to 6 p.m.; and WHEREAS, the property is developed with an 1,116 sq.ft. car wash and un-permitted modular office trailer; that the zoning is CG (General Commercial); and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner requested an amendment to the hours of operation for the existing car wash to allow it to be open on Sundays from 8 a.m. until 6 p.m. (instead of being closed on Sundays), to permit a modular office trailer under authority of Code Sections 18.03.030.010, 18.03.091, 18.03.092 and 18.45.050.080, and for waiver of minimum number of parking spaces; and that the petitioner submitted revised exhibits (labeled Exhibit Nos. 1 and 2, dated April 29, 2003) to illustrate the propas~d modif~cations; ar~d WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2003, 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 that said public hearing was continued to the June 30 and July 14, 2003 Planning Commission meetings; 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 subsequent to this Conditional Use Permit being re-advertised, the petitioner revised the request to delete the accessory take-out food service and the modular office trailer, and that the parking waiver was also deleted. 2. That the use, as amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 3. That the use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 4. That the size and shape of the site for the use, as amended, is adequate to allow full development of the use 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 use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That amending the hours of operation will not, under the conditions imposed, be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Tracking No. CUP2003-04712 cr\PC2003-111.doc -1- PC2003-111 • • 7. That this Conditional Use Permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations previously approved by the Planning Commission. 8. That this Conditional Use Permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 9. That the approved modification, including amending the conditions of approval, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as originally granted. 10. That no one indicated their presence at said public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his 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 amend Resolution No. PC2001-138, adopted in connection with Conditional Use Permit No. 2001- 04435, to expand the hours of operation in connection with the car wash to include Sundays 8:00 a.m. to 6 p.m., to delete the previously-approved accessory take-out fast food service, and to amend the conditions of approval in their entirety, to read as follows: That there shall be no public telephones on the premises, which telephones are located outside the building. 2. That all 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 other than those shown on Exhibit No. 1(i.e., the detail canopy and customer waiting area canopy adjacent to Ohio Street) 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 the hours of operation shall be limited to 8 a.m. to 6 p.m, daily. 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) of the Anaheim Municipal Code. 8. That on-site tables and seating areas shall be limited to those shown on Exhibit No. 1 submitted by the applicant and approved by the Planning Commission, and on file with the Planning Department. 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 removat of graffiti within twenty four (24) hours from time of occurrence. 10. That no public address ("PA") system shall be used on the premises. -2- PC2003-111 • • 11. (a) 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. Said information shall be specifically shown on plans submitted for Building Division approval. (b) That sound pressure levels at the property line to the south (abutting the public alley) shall be measured after the vacuum equipment enclosure is constructed to ensure compliance with Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. If the enclosure is inadequate to buffer the sound emanating from the vacuum and dryer equipment, the applicant shall be required to install sound attenuating material to the interior of the enclosure and/or to completely enclose the equipment area such that sound pressure levels at the property line comply with Code standards. 12. That the trash enclosure shall be refurbished and repaired, including removing graffiti, repairing the enclosure doors and removing concrete debris from the enclosure area. 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, Iocated 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 - ctinging vines pEanted on r~aximu~ .three-_(3) foo-t centers. or tall shrubbery. 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 building permits. 17. That the car wash shall comply with all state laws and local ordinances pertaining to Water Conservation Measures. 18. 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, excluding the accessory fast food service which was deleted by the petitioner and is, therefore, not permitted; and as conditioned herein. 19. That within a period of two (2) months from the date of this Resolution, Condition Nos. 2, 11, 12, 15, 17, 18 and 21, herein-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. 20. That approvaf 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. 21. That decorative permanent trash containers shall be installed to serve the customer waifing area. -3- PC2003-111 • ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 28, 2003. H IRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: / (,~~i SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 July 28, 2003, by the following vote of the members thereof: AYES: NOES: ABSTAIN: RBS€NT: VACANCY: ~~~:~~ COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIOf~ERS: COMMISSIONERS: IN WITNESS WHE ~i , 2003. BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT NONE FLORES N~1N~ - _ ONE REOF, I have hereunto set my hand this ~ day of . ~ _ IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-111