Resolution-PC 2006-78~ •
RESOLUTION NO. PC2006-78 :
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PET{TION FOR'CONDITIONAL USE PERMIT NO: 2006-05124 BE GRANTED '
(2037 EAST' BALL ROAD) . ,
WHEREAS, the Anaheim 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: ,
THOSE PORTIONS OF LOT'34 OF TRACT NO: 4757, W THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 184, PAGES
47 AND 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED ASFOLLOWS:
PARCEL A: PARCEL 3 AS-SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13 OF
PARCEL MAPS, RECORDS'OF ORANGE COUNTY; CALIFORNIA. RESERVING THEREFROM
,APPURTENAN7 EASEMENTS FOR INGRESS, EGRESS,- PARKING, AND DRAINAGE
PURPOSES FOR THE'BENEFIT OF PARCEL `1' AND PARCEL 2'AS SHOWN ON A MAP
RECORDED IN BOOK 47, PAGE 13 OF PARCEL MAPS, RECORDS OF QRANGE COUNTY,.
CALIFORNIA,`OVER THOSE PORTIONS OFSAID PARCEL 3 DESCRIBED AS FOLLOWS:
PARCEL A-I: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE
ALONG THE EAST LINE OF SAID PARCEL 3 NORTH 0° 08' 40" EAST 234.00 FEET; THENCE
NORTH 89° 5T 38" WEST 20.00 FEET; THENCE NORTH 0° 08' 40 EAST 4.40 FEET TO A'
POINT IN THE NORTH LINE OF SAID PARCEL 3; THENCE ALONG SAID NQRTH LINE NORTH
89° 57' 38" WEST 418.00 FEET: THENCE SOUTH 0° 02' 22" WEST 32.00 FEET; THENCE
SOUTH 89° 57' 38" EAST 373.94 FEET; THENCE SOUTH 0° 08' 40" WEST 206.36 FEET TO A
POINT W THE SOUTH LINE OF SAID PARCEL THENCE ALONG SAID SOUTH LINE SOUTH
89° 55' 36" EAST 64.00 FEET TO THE POINT OF BEGINNING.
PARCEL A-2: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE
ALONG THE WEST LINE OF SAID PARCEL 3 NORTH 0° 04' 24 EAST 198.00 FEET; THENCE
SOUTH 89° 55' 36" EAST 35.00 FEET, THENCE SOUTH 0° 04' 24" WEST 70.00 FEET; THENCE
SOUTH 89° 55' 36" EAST 388.00 FEET; THENCE SOUTH 0° 04' 24" WEST 128.OOFEET TO A
POINT IN THE SOUTH LINE OF SAID PARCEL 3, THENCE ALONG SAID SOUTH LINE NORTH
89° 55' 36" WEST 159.00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 0° 04' 24" EAST
83.50'FEET; THENCE NORTH 89° 5S 36" WEST 144.00 FEET; THENCE SOUTH 0° 04' 24"
WEST 83.50 FEET TO A POINT W THE SOUTH LINE OF SAID PARCEL 3; THENCE ALONG
SAID SOUTH LINE NORTH'89° 55 36" WEST 120.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM PARCEL A•2 DESCRIBED ABOVE THAT PORTION DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE
SOUTH LINE OF SAID PARCEL 3 SOUTH 89° 55 36" EAST 35.50 FEET; THENCE NORTH 0°
04' 24" EAST 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 04' 24"
EAST 30.00 FEET; THENCE SOUTH 89° 55' 36" EAST 8.50 FEET; THENCE SOUTH 0° 04' 24"
WEST 30.00 FEET; THENCE NORTH 89° 55' 36" WEST 8.50 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said public hearing having been duly given
as required by law and in accordancewith 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
WHEREAS, said Commissiorr after due inspection, investigation and study made by itseff
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 to expand an existing carwash to permit an oil change facility is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
No.18.08:030:040.0402 (Automotive-Repair & Modification).
2. That the proposed expansion of an existing carwash to permit an oil change facility will not
adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to
be located because the use will be an accessory senrice provided along with the car wash and is confined to
an existing building with no visibility to #he public street;
3. That the size and shape of the site proposed for the oil change facility is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular area or to the health
and safety as the site has sufficient access and parking to serve the proposed use;
4. ' That the traffic generated by the addition of an oil change facility to an existing car wash will
not impose'an undue burden upon the streets and highways designed and improved to carry the 4raffic in the
area; and
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental #o the health and safety of the citizens of the City of Anaheim. ~
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.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
2. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
3. That any proposed roof-mounted equipment shall be completely screened from view in all directions by
properly designed and maintained design elements of the building. Said information shall be specifically
shown on plans submitted for building permits.
4. That the parking lot serving thepremises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approvaL
5. That there shap be no public telephones on the premises located outside the building.
-2- PC2006-78
• -•
6. That signage shall be limited to existing and approved signs unless additional signs are reviewed and "
approved by the Planning Services Division. Any'decision by staff regarding additional signs may be
appealed to the Planning Commission as a Reports and Aecommendations item. That temporary signs
and other advertising devices shallnot be permitted except when in connection with an approved Special
Event' Permit.
7. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment -
including umbrellas, by illustration, text or any other means of visuaf communication.
8. That the property shail be permanentlymaintained in an orderly fashion by providing regufar landscape
maintenance, removal of trash or debris, and removal of graffiti within twen#y-four (24) hours from time of
discovery.
9. That four (4) foot high address numbers shall be displayed on'the ftat area of the roof in a contrasting color
to the roofmaterial The num6ers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
10. That if new electrical service is required to serve the new construction, the property owner shall provide the
City ofi Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities
easement to be determined as electrical design is completed.
11. 7hat novideo, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
12. That the landscape planters shall be permanently maintained with live and healthy plant materials
13. That the storage or overnight parking of vehicles, vehicfe parts, or business-related materials shall not be
permitted and work shall be limited to oiVlube servicing of automobites. Absolutely no vehicular repair,
body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials
shall be allowed in the front or rear yard areas, or on the roof of the buildings.
14. That customer parking spaces shalf be striped and clearfy marked for "customer parking only", and at no
time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent
to the buildings.
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 no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
17. That a landscape plan shall be submitted to the Planning Services Division for review and approval
incorporating a 15-foot wide landscape setback adjacent to Ball Road with 24-inch box sized trees planted
at a ratio of one tree for every 20 feet of street frontage. Any decision by staff regarding said plan may be
appealed to the Planning Commission as a Reports and Recommendation Item.
18. That the oil change and lube facility shall be an accessory use to the car wash operation and shall not
operate independently.
19. 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 and 3, and as conditioned herein.
• •
'20. 7hat prior to issuance of a buildingpermit Condition Nos. 3, 4, 9, 15 and 17 above-mentioned, shall be
complied with. Extensionsfor further time to complete said conditions may be granted in accordance with
Section 18.60.170'of the Anaheim Municipal Code:
21. 1'hat prior to final building and zoning inspections, Condition Nos. 11 and 19, above-mentioned, shall be
complied with.
22. That timing for compliance with conditions of approval may be amended;by the Planning Director upon .
a showing of good cause proVided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii)'the modification complies with the Anaheim Municipal Code and (iii)
the applicant has demonstrated significant progress toward establishment of the use or approved
development.
23. That approval of this application constitutes`approval of the proposed request only to fhe extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include anyaction or findings as to comptiance 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 applicanYs compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or;any part thereof, be declared '
invalid or unenforceabfe bythe final judgment'of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be 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 for this project, whichever occurs first. 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
' September 18, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Councif Resolution in the event of an appeaL
CHAIRMAN, ANA IM PLANNING COMMISSION
ATf EST:
~.~-L._
~~ ,
' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
~ •
S7ATE OF.CALIFORNIA ) _
COUNTY OF ORANGE ) ss. , .
CITY OF ANAHEIM ) ; ;
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a.meeting ofithe Anaheim Planning Commission
held'on September 18, 2006, by the following vote of,the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
` NOES: . COMMISSIONERS: NONE-
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand;this ~ day of
~ G ~ 2006. ..
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION '