Resolution-PC 94-38M~F'
RESOLUTIAN NQ PC94•38
A RESOLiJTION l7F THE ANAHEIM CITY PLANNING COMMISSION
1'HAT PETITION FOR COPJDITIONAL USE PERMIT N0. 3667 BE GRANTED, IN PART
WNEREAS, the Anaheim City Planning Commiss(on did receive a verified Petftlon ior
Conditionai Use Permit for certain real property situated In the City of Anah9lm, County of Orange, State
of California, doscribed as:
THAT PORTION OF TNE EAS7 HALF OF THE SOlll'HEAST OUARTER OF THE
S~UTHEAST QUARTER OF SECTION i, IN TOWNSHIP 4.~iOUTH, RANGE 10
WEST, SP.N BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAS7 CORNER OF SAID SECTIQN 7 AND RUNNING
THENGE SAUTH 89 DEG. 34' 20" WEST 531 FEE'T' TO THE CENTER LINE O~
I(ATHRYN DRIVE AS SHOWN ON TR~CT 163~ AS PER MAP ('ILED IN BOOK 47,
FfAGE 5U OF MISCELLANEOUB MAPS OF SAID COUNTY; THENCE NORTH 0
DEC. 16' 10" WEST ALONG SAiD CENTER LINE 325.50 FEET TO 7HE
INTERSECTION OF TI-IE CENTERLINE OF 7HE 50 FAOT STREET, SHOWN AS
RANCHII'0 STf~EEf UPON TME MAP OF SAID TRACT; THENCE NOFiTH 89 DEG.
36' ~0" EAST ALONG THE CENTER LINE OF SAID RANCHITO STREEI' 258 FEET;
TFlENC~ NORTH 78 DEG. 45' 25" ~AST 50.00 FE[T TO THE MOST SOUTHERLY
CORNER OF LOT 44 OF SAID TRACT 1633; THENCE NORTH 78 DEG. 45' 25"
EAST 81.7'9 FEET ALqNG THE SOUTHERLY LINE OF SAID LQT 44 TO THE
SOUTI-IWEST CORNER OF LOT 45 OF TRP,CT 1633; 7HEIVCE NORTH 89 dEG.
41' 30" tAST ?44.00 FEET ALl~NG THE SOUTH LINE OF SAID LOT 45 AND THE
EASTERLY EXTENSION TNEREOF TO THE EAST LINE OF 3AI0 aECTION 7;
THENCE SOUTH 0 DEG. i8' 40" WEST AI_ONG SAID EAST LINE TO THE POINT
OF BEGINiVING.
EXCtPTING THERFFROM THE EAST 190 FEEf OF TH~ SGUTH 19Q FEET,
MEASURED ALONG THE SOUI'H LINE THERF_OF.
ALSO EXCEPTING THERErROM THE SOUTH 40 FE~-T THEREOF AS dEEDED
TQ THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 22, 1956 IN BOOK
355H PAGE 160 OF OFFICIAL RECORDS.
ALSO EXLEPTING THEREFROM THE WEST 150 FEET OF SAID IAND Au
DESCRIBED IN ?HE DEED TO CITIZENS NATIONAL BANK IN THE DEEU
RECORDED JANUARY 25, 1962 I~I BOOK 5987 PAGE 404 OF OFFICIAL
RECORDS.
WHEREAS, the City Planning Commisslon did hold a public hoaring s~t the Civic Center
in the City of Anahefm nn Morch 7, 1994 at 1:30 p.m., notice of sald public hearing having been duly given
as roqu(red by law and in accordance with the provis(ons of the Anaheim Municipal Cude, Chapt~r 18.03,
tu hear and consider evidence tor and aflafnst sald proposed conditl~nal use pormit and to lnvestiflate a~d
make findEngs and recomrriendatio~s in connectlon therowith; nnd
WNEREA'~, sald Commission, aRer due inspectlon, fnvestigation and study made by itself
and in its behal}, and aRer due cons(d~ration of ~II evidenca and reports u4fored ~t sa(d hearing, does ffnd
and determine the (ollowing !acts:
CR2Q42MS.wp -1- PC94•38
e'Y.; '~l
1, That the proposed use is properly one for which a canditional uso pormit Is authorized by
Anahoim Municipal Codo Sections 18.44.050.080 And 18.44,050.Q85 to pormit (1) an automoblle lube/oli
change taciilty (2,652 sq.ft.) on Parcel No. 1 udJacent Broakhurst Stroet and (2) a tull-service hand cAr
wash with a reiated retail sales area (2,224 sq.ft.) And a self-serve automated extorior cAr wash (1,656
sq.ft.) on Porcel No. 2 adjacent Lincoln Avonud and Brookhurst Streot, with waivers of the follow(ng:
(a) $ection 18.44,063,f140 - Minimum land~„c.~ ~' '~ k adlacert ta residential zone,~..
(1Q fg~t reyulred; 8 teet proposod)
(b) ,~ections 18 05.093.02] - ~_111Axim~t m number nf freestandins! sian~.
an 1~1,Q.44.067 (Qn_~Igr~ on Lincoln Avenue permitteci;
two sians proposed)
(~) ~~cf~^~s 1HQ~.~~3.0211 - Minim~m dist~nre between sians,
n 1.44.Q~7 (300 feat requfreci; .~.f~.~ proposed)
Permitt le~atlor of freestandinn sians,
(d) ~~t~ns 1s.05.093A~ - -~
and 18.h4.Q67 (Mlnimum 76 iggt from side property Iines on
Lincoin Avanue and 28 feet irom side property lfnes
on Braokhurst StrAe4 required;
65 feet and 7 feet on Lincoln Avenue And 21 foet on
Brookhurst Street proposed)
(a) ~e~tion 1A.~4 Q64.U30 - Permftted encroachme~t~•
(Maximum 36-fnch hlah scr n w II permitted in
sotback Ad~acent to Ranchito Stre4t;
~;fqot high~l IUCk w~ll proposed)
2. That waiver (s) for mfn(mum landscaped setback aiong the north property Ilna abutting
resldontial zoning is hereby granted, in part, allowlnq a minim S-foot landscaped setback along the
~asterly 84 feet (abuttfng ~:'~-A-43,000 zonfng developed with an offico use (ronting on Brookhurst Street)
nnd allowing t-n v r 1r.~•ioot land~capod setback along the weste~ly 84.5 teot (abutting RS-7200 zoning
developed with a single family home ironting on Ranchito Street) beginnfng with a minimum 8-foAt satback
~t ths easterly snd of said &t.5 teet;
3. That waivers (b), (c) and (d) are denle~ on the basis that thQy wero deleted at the public
t~earin~;
4. Thnt ~vaiver (e) Is hereby approved and that the blc~c!< wail tence along Ranchito Street
shall bo centered withir the propr;ed t0•foot landscaped sdtback to provide visibility of landscaptng
(includin~ vlnes plantod to prevont graifiti opportunity) from Ranchito Street.
5. That there are special circumstances applicable t~ thQ property r,onsistfng of shape,
location and surroundfngs, which do na! apply to othor ldentically zonecl propertles in the vicinity;
6. That strict application oi the Zoning Code deprives the property of prlvilegos enjoyed by
other prcpertfes under identical zoning classif(cation in the vicinity;
7. That the proposed uses are proparly ones for which a conditiona! use permit is authorized
by the Zon(ny Code;
S. That tho proposed uses will not adversaly aHoct the adJoinfng land uses and the growth
and development of the area i~ whlch it Is praposed to be located;
_2_ PC94-3f1
~ d:.~c' ,
9, Tha! the slze and sriape of the site for tho prcposed uses Is adoquate to allaw the full
devolopment of the prop~sed use ir a mannor not dotrimental to the particular area nor to the peace,
health, safety, and qoneral welfare;
10. That the traffic genaratod by the proposed usss will not impose an undue burden upon
the streets And hi~hways designed and improved to carry the traffic in the area;
i t. That the granting o'f the conditional use permit v~ili not be dotrimental to the peace, health,
satety and gonoral wetfare of the citlxens of the City of Anahefm; and
12. That one person indicatod his presence at said public hearfng In favor; and that no
correspondence was raceived In c+pposition to subject petition,
CALIFQRNIA ENVIRONMENTAI. QUA~ITY q~T FIIVDIN~; That the Anaheim Clty Planning
~ommisslon has revtAwed the praposal to reclassity subject property irom the CFI (Commerciai, Heavy)
Zone to the CL (Commer~.ial, Limikpd) Zone to permit an automobila lubo/oil change facility (2,652 square
teet) ~n P~rcal ~1 ad~acont Brool<hurst Street and a full-service hand car wash with a related retall sales
area ('2,224 squara feet) and a seif•serve autom~ted exterior car wash (5,658 square feet) on Parcel #2
adjacent Lincoln Avenue and Brookhurst Street with walvers of minimum landscapeci setback adjacent
rosldential zon~s, mar.imum number of Creostanding signs, minimum distance batwAen signs, permftted
location oF ireestandin47 signs and permittod encroachmants on an Irr~gularly-sh~ped parcel of land
consist(ng of aK~proxlrnately 1.6 Acres (on two parcels) located north and west of the northwest corner of
Lincoln Avenue and Srool<hurst Street witl~ Parcel ~1 having a frontage of approximately 90 feet on the
west side of Brookhurst Street and Parcel #2 having a frontaga of 190 foet on the north side of Lincoln
Avenue and 65 foet on the west aido of Brookhurst Straet and further described as 125 North Srcokhurst
Street and 2217 West Lincoln Avenua; and does hereby approve the Negativo Declaration upon findinp
that the declaration rotlects the independent ~udgement of the lead agency and that it hAS constderAd the
Negative Declaratlon togett~er with any commonts received during the public review process and further
finding on the basi~ of tho initfal atur~y and any comments recefved that there is no substa~tial evidence
that the proJect wlll have t~ siqni!icant offect on the envir~nment.
NOW, THEREFORE, BE IT RESULVED that ihe Anahelm City Planning Commisglon does
hereby grant subJect Petition for Conditional Use Permii, fn part, upon tfie following conditions which are
heroby found to be a necessary prerequisite to the proposed use of the su~(ect property in orda; tu
preserve the safety and general welfare of thd Citizens of tho City of Anaheim:
1. 7hat tiiis conditional ur,e permit is grantod subJect to adoptfon of a zoning ordinance ~~ connection
wit{i Roclassificat(on No. 93-94-07, now pending.
2, That tha axisting centor drivoway on Lfncoln Avenuo And the two sou!heriy drlv~ways cm Brookhurst
Street shall be removed and replacsd with curb, gutter and stdewalk In accordanca with standard
plans on file (n the oHlce of tfie City Enflinoer. A Right-of-way Construction Permit sha~l be obtained
irom the ~ubdlviston Sectl~n oi the Public Works Dopartment.
3. That pr(or to approval oi grading plan or prior to issuance oi a bullding permit, whichever occurs f(rst,
the doveloper sha~i ~ubmft a water quality managPment plan (WOMP) spocifically identifying Best
Management Practices that witl be used on sfte to control predictable pollutants from stormwater
runoff. The W~MP shall be submitted to the Subdivisfon ~c~ction of the Public Works Department
fur revi~,w and spproval.
4. That trash storage areas shall be provided and maintafned in a location acceptabie to the Dopartmont
of Maintonance snd in accordance with a~iproved plans cn (Ila with safd Dopartment. Such
fnformat(on shall be specifically shown on the plans submitted for bullding permits.
-3- PC94-38
, •, . ~,:.ir,A~
5, That a pian she~:t for solid waste storAge ard calldctlon, and a plan for recycHng shall be submltted
to the Department of Maintenance for review and approval.
6. That an on•sfte trash truck turn-around area shall be provided and maintained to the ^,atlsFactlon ut
the Departinsr~t of Maintenance. Sai~ turn-around area shall be specffic~fiy shown on plens submltt9d
for build(ng permits,
7. That tho applicant shall obtaln ell necessary permfts from the Fire Department for storage and/or use
of hazardous matariAls.
0. That tne Iegai owner ot subject property shalt provido the City of Anahoim with a fNe (5) iuot wlde
publfc utility easement along the west property Iine c~s requlred by tho Electrical Eng(nearfng i~ivi~lon.
~J. That the water back flow equipment and any otfier !arflo wator system equipment shall bo InstGlled
to tho satisiaction of the Wetet Eng'neering Dfvfsion in either (a) w~derground vaults or (b) bohind
tho buliding setback Ilne, in a manner tully sr,reened from all public streets and alleys.
10. That the logal owner of the subject property shall Irrevocably ofier to dedicate to thE~ Ciry of Anahelm
an sasement twenty (20) feet in wtdth lor water sorvice mains and/nr an easemont of ten (10) feat
by elghteon (18) feet ior large metars or firelines, as roquired by the Water Enginuering Dbislon.
11. That the proposed slgn adJacont to ~rookhurst StrQet shall not exceed eight (e) feot in helght. All
fr~estanding signa~e shatl be subject to the revlew and approval of the City Traffic and Transportatinn
Manager to determine adequate Ifnes •of•sl~ht and to ver(ty compilance with Engineor(ng Standard No.
137. •
12. That landscaping and irrigation shall be installed anci maintalned on both sides ot tho block wsll
adJ~cent to Ranchito Street.
13. That Interlor siyn~ge (signage inside a b~~lding or sirnilar structure) Including "car wash menu"
sic~nage shall not exceed the heiflht of the surroundina hlock wall.
14. That a fcur (4) foot high hedge shall be planted adJacent tu Brookhurst Street in additian to required
trees, subJect to tho prior revlew and approval of the City Traffic and Transportation Manaqer for
coniormance witl~ Englneering Standard No. 137 peita(nfng to line-of-sf~ht requlroments.
15. That subJact ~utomoblle lube/ofl Ghange facility dn Parcel No. 1 shall be lirrdted to lube and oil
change servlces.
16. That , io banners or o:n9r advertising vlsible to ~:d~acent streets shall bo d(splayod Inside the car wash
tunnels or servico bays unless a speclal events pErmit is i(rst oota(ned.
17. 1'h2t p~rkinfl spFaces to dry cars shall be provfdod in the car wash erea.
18. That the drivoways on Brookh~rst Street and lincol~ Avenus shall be reconstructed to accommodate
ten (10) foot radius c~arb reit;rns fn conformance wfth Engineering Department Standard No. 137.
19. That plans s~~all be submitted to the City Traftic and Transportation Manager for his rovlew and
approval showinfl conformance with the latest revislon of ~nginesring Standard Ptan No, 43E
porta(ning to parking standards and driveway locat(ons. SubJect property shall thereupon be
dEVeloped and maintalned I~i conformance with said ptans.
.q_ PC94-38
„u~,~ ,
20. That subject prcperty shal( be devetoped substantially in accordance ~vith pians end spoclticAtions
submltteci to the City of Anaheim by tho peti!laner and which pians are on (iie wfth tha Planning
Department markad Exhibit Nus. i through 10; provided, however, that:
(al A mtnir~im eight (8) `oot landscaped setback shAll be provided a!onp thP oaster ~ eighty (our
(84) feat o( the north property Iine abut!ing RS-A-A3,000 zonfng which ironts on Brookhurst
Stroet; and
(b) An v r ten (10) foot landscapod setback ~tiall bo pr~vided along the wostarly eighry tour
and one haif (04.5) teot of the north prc~perty I(ne abutt(n~ RS-7200 zonin~ wh(ch irants on
R~nchlto Street, beginning wfth a minimum oight (8) toot seth,ack at tho easterty end o! said
oighty four and one half (84.5) foet.
2t. That a cevenant ahall ba recordod with the OHice of the Orange County Hecurder to guarantee that
both Fercel Nos. 1 and 2 shall be managed end maintained -~ one (1) Integral parcel icr purposes
of parking, vehicular circulation, sfgnage, maintenance, lan~ ..ege and architectu~t concrol; and that
the covonant shail be roterenaed in all deeds translerring all or any part o( the InterASt In tho property.
Prlor to recardation sald covona~t shal! be rovtewed and approved by the City Anornoy. Fdlowing
recordation a copy of the cuvenant shall bo submitted to the Planning Dopertment.
22. That en acoustical sound study shall ba conducted cn subject property to demonstrats that nolse
generated by ~.he propo~ad uses wiil not exr,eeci what fs permitted by the city's noise ordinance.
23. That a sign program shall bu submitted to the Planning Commission as a Reperts arxl
Recommendatlona item for revi~w and approval.
24. Yl~at An unsubordlnated reciprocal access and parking agreAment, in a torm satisfactory to the Cfry
Attorney, sha11 bo recorded with the Ofiice of tho Orange County Recordor. A copy of t~~o recorded
agreement shall bo subrriktal to the Zoning Division.
25, That prtor to Issuance of a building permk or within n period of one (t) year from tho dato 01 this
rasulution, whlchever occura lirst, Gondftion Nos. t, 4, 5, E3, H, 10, 19, 21, 22, 23 and 24,
above-mor~tionecf, shall be compli~~d wNh. Extensfons tor further time to complete sald :onditlon:
rrwy be flranlod ir~ accordance witt~ Section 18.03.090 of the Anahoim Idunicipal Caie. Extensions
for lurther tfine to com~lete said canditions rrk~y be granted in accordance wfth Soction 18.03.090
of tl~e Anahelm Munlcipal Cocfe.
26. That prtnr to commencement of tho aclivhy authoriz~cl by this rosolution, Condition Nos. 2, 9, 12, 14,
17, 18 and 20, above-ment~oned, nhalt be compllad with.
27. That approvai of Ihis Ap~tlcatlon :.onstit.~tos approval ot tho proposed reyuest only to tho oxtertt that
it crnnp~les wrih the Anaheim Muntcipnl 'loning Cod~ and any other ap~licable City, 5tate and Federal
regulations. Approval does not includo eny act(on or finding~ es to c~m~liance or enproval o( llv3
request reparding any othrr nppl~ca~le ardinance, rc~ulatfon a requirement.
BE IT FURTHER RESOLVED that the Anahaim City Planning Commisafon doos hornby fincf
and doto-mina thnt adoption ot this Naoolutk+n ~s exprosaly prc+tficatad upcm applicant'a com~lla~~ce wlth
~ach end all ol the corxlitfons tieroinabove s~t lorth. 5f~ould any such conditbn, r,,r any part thereUt, be
ctec~~red irrvalid or unenlorceablr by the final juclqment ol Any court oi competFnt ~urfsdict(on, Ihen this
Resolution, and arry approvals her~in contair.ed, shall bo dcemed null end voki.
-5• PC9+s-3Fl
THE FOREGOING RESOI.UTION was adopted at th~ Planninp Cornmisslon meetin4 of
March 7, 1994, M_ j'~~C ~
CHAIRMAN ANA ElNI CITY NG COMMISSIJN
ATTEST:
-~~~~.=-a'~--~~ -
SECRETARY, ANAHEIM CITY PLAN~IING COMMISSlUN
STATE OF CALIFORNIA )
COUNTY ~F ORANG[ ) ss.
CITY OF ANAHEIM )
I, F_dith L. Harrts, Secrotary o( thR Anaheim City Planning Ccmmisslon, do 1~eroby certify
that the forogoirg resdution was passed and adopted at a meet(ng of the Anatielm Ctry Planning
Co-nmlaslon held on MnrGh 7, 1994, by the folfowing vote of the rrembors thersot:
AYF.S: CAMMISSIONERS: BOYDSTUN, CNLDWELL, MAYER, M1ES5E, PERA'l.A
NOES: COMMI$SIONERS: NONE
ABSENI': COMMISSIONERS: FIENNINGER, TAfT
IN WITNESS WHEREOF, ! havo horeunto set my hancl thls t.J /,J day ot
~}~'~__, , ssa. ~ _ ~
~. •~
SECRETARY, ANAHEIM I:ITY PLA NINCi I:uMMISSION
$. PC4~1-30