Resolution-PC 2006-40• _ •
RESOL:UTION NO. PC2006-40 "
`A RESOLUT{ON DF THE ANAHEIM PCANNING COMMISSION
AMENDING RESOLUTION NO. PC2003-073, ADOPTED 1N CONNECTION WITH
CONDITIONAL USE PERMITNO. 2003-04685 `
(590 NORTH'MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did Ceceive 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: e : :
PARCEL 1: THE NORTH 195.00 FEET OF THE WESTERLY 200.00:FEET OF THE
NORTHWEST QIJARTER OF THE SOUTHWEST QUARTER OF_SECTION 7, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, W THE CITY OF '
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION 1S
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 90 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 COUNTY.
EXCEPTING THEREFROM THE WESTERLY 200 FEET THEREOF.
WHEREAS, on May 19, 2003, the Planning Commission approved Conditional Use Permit
No. 2003-04685 (to construct an automobile car wash facility with an accessory fast food restaurant and
accessory retail sales) and adopted Resolution No. PC2003-93 in connection therewith; and
WHEREAS the applicant has requested to amend said conditional use permit including the
exhibits and conditions associated therewith in order to construct a self serve car wash facility without the
previously-approved fast food use and accessory retail area; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 15, 2006, at 2:30 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,18.60, 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
from the May 1, 2006, Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and studymadeby 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 proposal to modify exhibits and amend or delete conditions of approval to ,
modify a previously-approved automobile car wash facility with accessory fast food restaurant and accessory
retail sales, to permit a self serve car wash facility is properly one for which a conditional use permit is
authorized under the authority of Code Sections 18.08.030.040.0402 and 18.60.190.030 with waiver of the
following:
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SECTION NOS. 18.08.060.010 Minimum landscape setback 15 foot wide
setback required along Magnolia Avenue; 10-
19 feet proposed)
2. That the aboye-mentioned waiver is hereby approved since there are special circumstances
applicable #o the property in that the project site is located on two separate legal parcels, thereby limiting the'
ability to move proposed structures, which does not apply to other identically zoned properties in the vicinity,
and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties
under identical zoning classification in the vicinity as the property immediately to the south has identical
' zoning classification and has nolandscaped setback along Magnolia Avenue.
3. - That the use and modifications will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located as the site can accommodate the
proposed use;
4. Thatthe granting of the conditional use permit and modifications under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the' City of Anaheim because
except for the one requested waiver which can be justified, all aspects of the project complies with code.
5. That#he traffic generated by the modified use will not'impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because code required parking is
provided on-site and the modifications are not anticipated to generate any additional traffic beyond whaf was :
previously-approved.
6. That a person indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition; and a person asked questions pertaining
to the request and expressed their support.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That theAnaheim Planning
Commission has reviewed the proposal to modify exhibits and amend or delete conditions of approval to
permit a self serve car wash facility with waiver of minimum landscape setback, and does herebyfind that
the Negative Declaration previously approved in connection with the previously-approved automobile car
wash facility with accessory fast food restaurant and accessory retail sales, is adequate to serve as the
required environmental documentation in connection with this request 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 Planning Commission does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 2003-04685,
and incorporating the conditions of approval contained in Resolution No. PC2003-73 into a new resolution
with 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 no public telephones shall be permitted on-site.
2. That no storage, display or sales of any merchandise or fixtures shall be permitted outside the building,
with the exception of the area designated on the exhibits.
3. That the hours of operation of the carwash facility shall be from 8 a.m. to 8 p.m., daily during daylight
savings time; and 8:00 a.m. to 7:00 p.m. for the balance of the year.
4. That the vacuum and dryer equipment shall be entirely enclosed in the equipment room and that the
doors to the equipment room shalt be solid core construction and equipped with self-closing devices.
- - Said information shall be specifically shown on the plans submitted for building permits.
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5. That no public address and/orpaging systems shall be used which are audible to adjacent residential
' properties.
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6. 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. ;
7. That no banners or other adve~tising visible to adjacent streets shall be displayed unless special events
permits are first obtained.
8. That all air conditioning facilities and'other roof and ground mounted equipment shall be properly
shielded from view and sound buffered from adjacent residential properties. Said information shall be
specifically shown on the plans submitted for building permits.
9. 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
~e ~ . .p p 'n compliance with
vels of the Anaheim Munic- al Code. That tha carwash shalFthereafter o erate i
Chapter 6.70 pertaining to sound pressure levels.
10. 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 fhe adjacent streets or properties. Said information sha4l `
, be specifically shown on the plans submitted for building permits:
11. 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 Department 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.
' 12. 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.
13. 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
bui{ding permits.
14. 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
15. 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 finrenty four (24) inch box sized. Any decision
made by the Planning Services 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 additiona! two (2) 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 both
Crescent Avenue and Magnolia Avenue.
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,• 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 (Firewheei `tree) planted in accordance with City standards.
• Thaf on Crescent Avenue, the existing palm trees in the two (2) western most treewelis 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.
• That all proposed or existing walls on-site shall include clinging vines on both sides to prevent
opportunities for graffiti, where the wall is visible to the public right-of-way.
16. ' 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.
17. That the property shall be permanentty maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and remodal,of graffiti within twenty-four (24) hours from time
of' occurrence.
18. That a final comprehensive sign plan shall be submitted to the Planning Services Division for review
and approvaL Any decision` by the Planning Services 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.
19. That as required by the Public Works Department, Streets and Sanitation Division, a11 necessary
National Pollution Discharge and Elimination System ("NPDES") permits shall be obtained.
20. That the legaf 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 privateproperty and
around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted prior
to connection of electrical service.
21. 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.
22. 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.
23. 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 buifding permits. The plans 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.
24. 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 assemb{ies currently installed in a vault shaA be
brought up to current standards. Any other large water system equipment shalf 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 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.
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25. 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 theplans submitted for building permits.
26. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmen4 of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department.
27. That all existing water services and fire lines shali conform.to current Water Senrices 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.
28. That plans shall be submitted to the Planning Services Division 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.
29. That the carwash shall comply with all statelaws and local ordinances for water conservation measures.
Voluntary water conservation strategies shall be encouraged.
30. That the driveways on Magnolia Avenue and Crescent Street shall be constructed with,ten (10) foot radius
curb returns as required by the Gity Engineer in conformance with Engineering Standard No. 137. Said
information shall be specifically shown on the plans submitted for building permits.
31. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to
show conformance with #he current version of Engineering Standard Plan No. 137 pertaining to sight
distance visibi{ity for the new monument sign {ocation.
32. That the owner/developer shall complete the Burglary/Robbery Alarm permit application, Form APD 516, as
required by the Police Department.
33. That prior to issuance of a building permit or grading plan approva{, 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
34. 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 Revision 1 of Exhibit Nos. 1 through 5, and Exhibit Nos. 6 through 9, and as
conditioned herein.
35. That attendant(s) shall be required on-site during the hours of operation. -
36. 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 Office of the Orange County Recorder. A copy of the
recorded covenant shall then be submitted to the Planning Services 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 transferring all or any part _
of the interest in the property.
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` 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. 4, 6,,8, 10, 12, 13, 14, 15;' 18, 19, 22, 23, 24, 25, 28„30, 31, 33 and
36, herein-mentioned, shall be compiied with. Extensions for further time to compfete said conditions may '
be granted in accordance with Section 18:60.170 of the'Anaheim Municipal Code.
38. Thaf prior to fina! building and zoning inspections, Condition Nos. 9, 21, 27, 32 and 34,
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 tfie 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 that the'Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanfs compliance with each and -
ali of the conditions hereinabove set forth. Should any such condition, or any part thereof, be'declared
invalid or unenforceableby the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall 6e deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits #or this project, whichever occurs firsf. Failure to pay all charges
shall result in delays in the issuance of: required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May'15, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
_ Provisions - General" of the Anaheim Municipal Code pertainin p I proc dures and may be replaced
by a City Council Resolution in the event of an appeaL . r~-''
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CHAIRM , ANAH PLANNING COMMISSION
ATTEST: :
,/~ r
/T~-~•-e----
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 15, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO .
ABSTAINED: COMMISSIONERS: KARAKI
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this o~.n d~- day of
, 2006. :
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SENIOR SECRETA Y,ANAHEIM PL:ANNING COMMISSION
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