Resolution-PC 2004-41~ ~
RESOLUTION NO. PC2004-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NOS. PC90-95 AND PC96-87 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO.' 3262
(8245 AND 8295 EAST MONTE VISTA ROAD)
WHEREAS, on April 23, 1990, the Anaheim City Planning Commission did, by its Resolution
No. PC90-95 grant Conditional Use Permit No. 3262 to permit a commercial retail center and car-wash
facility with gasoline sales, with waiver of minimum setback adjacent to a scenic expressway and minimum
setback adjacent to a secondary arterial highway; and
WHEREAS, on August 19, 1996, the Anaheim City Planning Commission did, by its Resolution
No. PC96-87 amend Conditional Use Permit No. 3262 by adding conditions pertaining to the service station
sign for the carwash facility; and
WHEREAS, the petitioner has requested to amend said Conditional Use Permit No. 3262 to
construct a four (4) unit commercial retail center and two-story medical office building including roof-mounted
equipment in conjunction with an existing, previously-approved carwash with waiver of permitted commercial
center identification in the Scenic Corridor Overlay Zone, minimum setback adjacent to a scenic expressway
and required improvement of setback; and
WHEREAS, on February 11, 1991, the Anaheim City Planning Commission did, by its
Resolution No. PC91-20 grant Variance No. 4112 to permit waiver of number and type of freestanding signs
to construct four freestanding signs including one service station sign; and
WHEREAS, this property is currently developed with a carwash facility and two vacant
parcels, the underlying zoning is CL (SC) (Commercial, Limited (Scenic Corridor)); the Anaheim General
Plan designates this property for General Commercial land uses; and the property is situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCEL 1, 2 AND 3 OF PARCEL MAP NO. 92-184, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP FILED IN BOOK 292, PAGES 26 TO 28 INCLUSIVE OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 5, 2004, 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 April 19,
2004, 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 18.44.050.132 and 18.84.062.032 to construct a four (4) unit commercial
retail center and two-story medical office building including roof-mounted equipment in conjunction with an
existing, previously-approved carwash with waiver of the following:
(a) SECTION NO. 18.05.091.010
Permitted Commercial Center ldentification in the Scenic
Corridor Overlav Zone (one 3-foot high 26 square foot
CR\PC2004-041 -1- PC2004-41
(TRACKING NO. CUP2004-04838)
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single-faced sign permitted per street frontage; two 5.25
foot high, 21 square foot monument signs proposed)
(b) SECTION NO. 18.84.062.011 Minimum setback adiacent to a scenic expresswav (100
feet required; 76 feet proposed).
(c) SECTION NO. 18.84.062.011 Required improvement of setback area (14-foot landscape
setback with 3-foot high berm required; 2- to 14-foot
landscape setback with 3-foot high hedge proposed)
2. That the proposed monument signage is replacing existing monument signage approved under
Variance No. 4112; and said new signage would be slightly higher but substantially consistent with the
design of the previous approval and the sign area and text would conform to Code requirements.
3. That the proposed setback is consistent with the setback for the existing carwash to the north
and that the site is constrained by having three street frontages and easements that traverse the property.
4. That the improvements within the setback area along Monte Vista were constructed in
conjunction with the carwash and only minor modifications are proposed thereta
5. That the use is properly one for which a conditional use permit is authorized by the Zoning
Code in the CL (SC) Zone.
6. That the proposed use would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
7. That the size and shape of the site for the proposed use, is adequate to allow the full
deve~opment of the proposed use in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare.
8. That the traffic generated by the proposed use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That the modification of Conditional Use Permit No. 3262 under the conditions imposed, would
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
10. 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 amend Conditional Use Permit No. 3262 to construct a four (4)
unit commercial retail center and a two-story medical office building, including roof-mounted equipment, in
conjunction with a previously-approved carwash with waivers of: (a) permitted commerciaf identification in
the Scenic Corridor Overlay zone, (b) minimum setback adjacent to a scenic expressway and (c) required
improvement of the setback area adjacent to Monte Vista Road on 1.74 acres; 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 amend, in its entirety, the conditions contained in Resolution Nos. PC90-95 AND PC96-87 to read as
follows:
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1. That the applicant shall furnish a copy of the recorded reciprocal parking and access agreement
between the three separate parcels to the Zoning Division. Further, if no such agreement exists, an
unsubordinated restricted covenant providing reciprocal access and parking, approved by the City
Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney,
shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant
shall then be submitted to the Zoning Division.
2. That final sign plans for both monument and wall signage shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a"Reports and Recommendation" item. Location
of monument signage shall be consistent with signage shown on Revision No. 1 of Exhibit No. 1, and
wall signage shall be consistent with Code-requirements at the time the plans are submitted. Any
decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission as a Reports and Recommendations item.
3. That final precise elevation and landscape plans shall be submitted to the Zoning Division for review
and approval. Said pfans shall indicate the specific colors and materials of the proposed buildings; and
that the landscape plan shall incorporate additional landscaping adjacent to the office building.
4. That the number of tenant spaces for the retail building shall be limited to four (4). Said information
shall be specifically shown on plans submitted for building permits.
5. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a
separate conditional use permit is approved by the Planning Commission.
6. That the hours of operation for the carwash facility shall be limited to 7 a.m. through 10 p.m. daily, as
originally approved.
7. That no video, electronic or other amusement devices shall be permitted on the premises.
8. That all public phones shall be located inside the buildings.
9. That all trash generated from this commercial center shall be properly contained in trash bins located
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.
10. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dead. The property owner shall make every attempt to
retain the mature trees currently existing on the property.
11. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
12. That any signs shall only be illuminated during hours of operation.
13. That no outdoor vending machines shall be permitted on the property.
14. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that
contrasis with the roof material. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
15. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials: said information shall be
specifically shown on the plans submitted for building permits.
16. That there shall be no outdoor storage or display of products whatsoever permitted on the premises.
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17. That the property shall bepermanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
18. That all new requests for new water services or fire lines, as well as any modification, relocation, or
abandonments of existing water services and fire lines shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
19. That all backflow equipment shall be located above ground and outside of 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 otherlarge water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by Water Engineering and Cross Connection Control
Inspector.
20. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed in cbmpliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding
water conservation. Said information shall be specifically shown on plans submitted for building
permits.
21. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer shall submit to the Public Utilities Water Engineering Division an estimate of
the maximum fire flow rate and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water system to provide estimated
water demands. Any off-site water system improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rate, Rules, and Regulations.
22. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shal{ be protected from
graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines
planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown
on the plans submitted for building permits.
23. 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.
24. 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 specifical{y shown on plans submitted for bui{ding permits.
25. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approvaf in conformance with the current version of Engineering Standard Plan Nos. 436 and
4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
26. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses.
27. That gates shall not be installed across any driveway in a manner, which may adversely affect
vehicular tra~c in the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
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28. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement
along/across primary cable underground and around the pad-mounted transformers.
29. That any required relocation of City electrical facilities shall be at the property owner's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
outside the easement area of the equipment. Said information shall be specifically shown on plans
submitted for building permits.
30. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the
best management practices that will be used on-site to control predictable pollutants from storm water
runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division
for review and approval prior to approval of the grading plan.
31. That the property owner shall be required to implement appropriate non-structural and structural Best
Management Practices (BMPs) to the satisfaction of the Public Works Department, Development
Services Division.
32. That any proposed exterior lighting shall be decorative and down-lighted with a maximum height of
twelve (12) feet. Said lighting fixtures shall be directed away from nearby residential property lines and
shown on the plans submitted for building permits.
33. That all roof-mounted equipment shall be limited to that shown on exhibits, shall be properly
maintained and shall comply with Code Section 18.84.062.032. Said information shall be specifically
shown on plans submitted for building permits.
34. That the driveway entrances shall be constructed with enhanced paving materials. Said information
shall be specifically shown on plans submitted for building permits.
35. That if the carwash discontinues sale of gasoline, the sign advertising gasoline prices along Weir
Canyon Road shall be removed and replaced with landscaping.
36. That the 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 No. 1, Revision No. 1 and Exhibit Nos. 2 through 11, and as conditioned
herein.
37. 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. 1, 2, 3, 4, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 27,
28, 29, 30, 32, 33 and 34 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.
38. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shall be
complied with.
39. 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.
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THE FOREGOING RESOLUTION was adopted t the Planning Commission meeting of April
19, 2004. Said resolution is subject to the appeal proVisions se forth in Chapter 18.03, "Zoning Provisions -
General" of the Anaheim Municipal Code and may be replaced y a C'ty C ncil Resolution in the event of
an appeaL <
/ AIRPERSON, ANANEIM CITY PLANNING COMMISSION
SENIOR~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, 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 April 19, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
. IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
, 2004. /~
/J_ / ' . /~ /) /I. .
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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