Resolution-PC 2003-73~
RESOLUTION NO. PC2003-73
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04685 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:
PARCEL 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00 FEET OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2: THE NORTH 195.00 FEET OF THE WESTERLY 275.53 FEET OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNADINO BASE AND
MEREDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 49, PAGE
50, RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF
SAID. .CQUNTY.
EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 5, 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 conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that said public hearing was
continued to the May 19, 2003 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 18.44.050.080 to wit: to construct an automobile car wash facility with
an accessory fast food restaurant and accessory retail sales.
2. 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.
3. That granting this Conditionaf 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.
4. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it will be located, as
demonstrated by the acoustical analysis submitted by the petitioner and the property's proximity to other
similar commercial uses.
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5. That the size and shape of the site for the proposed use is adequate to allow fuli
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
6. That one person spoke at the public hearing in opposition to the proposal with concerns
regarding traffic; and that no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct an automobile car wash facility with an accessory fast
food restaurant and accessory retail sales on two separate parcels located at the southeast corner of
Crescent Avenue and Magnolia Avenue, and more specifically described as follows: Parcel 1- a
rectangularly-shaped 0.49-acre property located at the southeast corner of Crescent and Magnolia Avenues,
having frontages of 147 feet of frontage on the south side of Crescent Avenue and 150 feet on the east side
of Magnolia Avenue, and further described as 590 North Magnolia Avenue, and Parcel 2- an irregularly-
shaped 4.05-acre property located south and east of the southeast corner of Crescent and Magnolia
Avenues, having frontages of 77 feet on the south side of Crescent Avenue and 730 feet on the east side of
Magnolia Avenue, having a maximum depth of 880 feet, and further described as 510-542 North Magnolia
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. ~ereby grant subject Petition for Conditional Use Permit, upon-the following co~ditions 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:
That any public telephones proposed on-site shall be located inside the convenience market and/or
fast food restaurant.
That no storage, display or sales of any merchandise or fixtures shall be permitted outside the
building.
3. That the hours of operation of the carwash facility shall be from 8 a.m. to 6 p.m., daily; and
The restaurant hours of operation shall be from 10 a.m. to 10 p.m., daily.
4. That air compressor hoses shall not be used to dry cars.
5. 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 the plans submitted for building permits.
6. That no public address and/or paging systems shall be used which are audible to adjacent
residential properties.
7. That any parking lot or security lighting shall be decorative, low intensity, and directed away from
adjacent residential properties. Said information shall be specifically shown on the plans submitted
for building permits.
8. That no banners or other advertising visible fo adjacent streets shall be displayed unless special
events permits are first obtained.
9. That all air conditioning facilities and other roof and ground mounted equipment shall be properiy
shielded from view and sound buffered from adjacent residential properties. Said information shall
be specifically shown on the plans submitted for building permits.
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10. That sound pressure level field measurements of the carwash shall be taken on site prior to
commencing operation of the carwash to ensure compliance with Chapter 6.70 (Sound Pressure
Levels) of the Anaheim Municipal Code. That the carwash shall thereafter operate in compliance
with Chapter 6.70 pertaining to sound pressure levels.
11. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to
the roof material. The numbers shall not be visible to the adjacent streets or properties. Said
information shall be specifically shown on the plans submitted for building permits.
12. That all trash shall be properly contained in trash bins contained within approved trash enclosures.
The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to
ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement
Division of the Planning Departmen4 shall determine the need for additional bins or additional pick-
up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the
business owner.
13. 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.
14. 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 Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
16. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. All trees shall be minimum twenty four (24) inch box sized. Any
decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission for consideration as a`Reports and Recommendations' item. All trees shall be properly
and professionally maintained to ensure mature, healthy growth and shall not be unreasonably
trimmed. Said plan shall include the following:
• That an additional eleven (11) evergreen trees (minimum twenty four (24) inch box sized or eight
to twelve (8-12) feet minimum BTH) shall be planted within the required street setbacks along
Crescent Avenue and Magnolia Avenue.
• That the bermed areas within the landscaped setbacks shall be planted with shrubs to provide
adequate screening from vehicular traffic on Crescent Avenue and Magnolia Avenue.
• That on Magnolia Avenue, the existing palm tree in the tree well located in front of the subject
property shall be removed and replaced with one (1), twenty four (24) inch box sized,
Stenocarpus sinuatus (Firewheel tree) planted in accordance with City standards.
• That on Crescent Avenue, the existing palm trees in the two (2) western most tree wells located
in front of the subject property shall be removed and replaced with two (2), twenty four (24) inch
box sized Cercis candensis (Eastern Redbud tree} planted in accordance with City standards.
17. That on-site landscaping including trees shall be maintained in a healthy condition. In the event the
landscaping become damaged, diseased or dies, it shall be replaced in a timely manner.
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18. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of gra~ti within twenty-four (24)
hours from time of occurrence.
19. That a final comprehensive sign plan shall be submitted to the Zoning Division for review and
approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a
`Reports and Recommendations' item. Said plan shall include the following:
• That carwash instructional signage shall be oriented to ensure visibility to on-site customers only.
• That signage shall be limited to that shown on the exhibits submitted by the petitioner, and as
conditioned herein.
• That the background of the proposed monument sign shall be opaque, allowing only the sign lettering
and address numbering to be illuminated.
20. That as required by the Public Works Department, Streets and Sanitation Division, all necessary
National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained.
21. That a certificate of compliance for Parcel 1 and 2 shall be submitted to the Public Works
Department, Development Services Division, for review and approval.
22. That if it is determined the project is located on two (2) separate legal parcels, the legal property
owner shall submit an application for a lot line adjustment or shall submit an unsubordinated
covenant to hold the two (2) parcels for the development as a single parcel, in a form satisfactory to
the City Attorney, and which covenant shall be recorded with the O~ce of the Orange County
Recorder-: ,~-~opy of#he record~d Eaver~ant shall then be submi~ted to the Zoning Division.
Provisions shall be made in the covenant to guarantee that the entire complex shall be managed
and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage,
maintenance, land usage and architectural control; and that the covenant shall be referenced in all
deeds trans#erring all or any part of the interest in the property.
23. That the legal owner of the subject property shall provide the City of Anaheim with a six (6) foot wide
public utilities easement along/across high voltage lines, low voltage lines crossing private property
and around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be
submitted prior to connection of electrical service.
24. The street lights shall be installed on Magnolia Avenue and Crescent Avenues as required by the
Electrical Engineering Division. The street lights shall be installed prior to issuance of a certificate of
occupancy. A bond to guarantee installation of said improvements shall be posted with the City in
an amount approved by the City Engineer and in a form approved by the City Attorney.
25. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
26. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. The pfans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.), and shall be subject to review and approval by the appropriate City departments.
27. That all backflow equipment shall be located above ground outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside the
street setback areas in a manner fully screened from all public streets and alleys. Said information
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shall be shown on plans submitted to the Water Engineering and Cross Connection Control
Inspector for review and approval prior to submittal for building permits.
28. That because this project has landscaping areas exceeding two thousand five (2,500) square feet, a
separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water
Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be
shown on the plans submitted for building permits.
29. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
30. That all existing water services and fire lines shall conform to current Water Services Standards and
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire
line.
31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be developed
and maintained in conformance with said plans.
32. That the carwash shall comply with all state laws and local ordinances for water conservation measures.
Volun#a .ry water cansecvafion strategies shall_ be encouraged.
33. That the driveways on Magnolia Avenue and Crescent Street shall be constructed 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 the plans submitted for building permits.
34. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with the current version of Engineering Standard Plan No. 137 pertaining to sight
distance visibility for the new monument sign location.
35. That the owner/developer shall complete the Burglary/Robbery Alarm permit application, Form APD 516,
as required by the Police Department.
36. That the legal property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 1254 (permitting on-sale sale of beer and wine in an existing delicatessen-
restaurant).
37. That prior to commencing operation of this new business, a valid business license shall be obtained from
the Business License Division of the Planning Department.
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 Exhibit Nos. 1 through 6, and as conditioned herein.
39. 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. 5, 7, 9, 11, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28, 31, 33, 34, 36 and 42, 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.
40. That prior to final building and zoning inspections, Condition Nos. 10, 35, 37 and 38,
above-mentioned, shall be complied with.
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41. 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.
42. That prior to issuance of a building permit or grading plan approval, whichever occurs first, the
developer shall submit a Water Quality Management Plan specifically identifying post construction
best management practices that shall be used on-site to control predictable pollutants from storm
water runoff. The Water Quality Management Plan shall be submitted to the Public Works
Department, Development Services Division for review and approval.
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.
May 19, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WI-
, 2003.
BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NONE
NONE
IEREOF, I have hereunto set my hand this ~SZ day of
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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