Resolution-PC 98-32RESOLUTION NO. PC98-32
A RESOLUTION OF THE ANAHEIPd CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 3043 ADOPTED IN CONNECTION WITH
VARIANCE NO. 447
WHEREAS, on December 20, 1955, the Anaheim City Counci! adopted Resolution No.
3043 to approve Variance No. 447 for construction of a service station at 302 South East Street; and
WHEREAS, lhe property for which this entitlement was granted consists of two parcels;
that the most westerly parcel at the southeast corner of Broadway and East Street is the subject of this
request; that said westerly parcel is developed with a gasoline sen,•ice station with two service bays
(American Service Station); that the most easterly parcel, which is not a part of this request, is developed
with three multiple-family dwelling units; and that both parceis are zoned RM-2400 (Residential, Multiple-
Family}; and
WHEREAS, on October 13, 1997, the Planning Commission directed that staff schedule
this Variance for public hearing to consider its modification or revocation because of numerous complaints
about this property; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 16, i998, at 1:3Q p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anahoim 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 cunnection lherewith; and
WHEREAS, said ~ommission, after due inspecfion, 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 this request to consider the modification or revocation of Variance No. 447 (to
operate a gasoline service station) was initiated pursuant to Code Sections 18.03.091 and 18.03.092 of
the Anaheim Municipal Code;
2. That the variance for which approval was originally granted is being, or recently has
been, exercised contrary to the terms of approval for a gasoline service station and in violation of the
Municipal Code (as discussed in the March 16, 1998 Staff Report tu the Planning Commission and the
attached memorandum from the Code Enforcement Division dated September 4, 1997) and in a manner
which is detrimental to the public health and safety and so as to cor~stitute a public nuisance;
3. That modification of this variance, including the imposition of additional cunditions
thereto, is reasonably necessary to protect the pubiic peace, health, safety and general welfare, and
necessary to permit reasonable operation under ihe variance as origirally granted;
4. That the oroperty owner has demonstrated a willingness to improve the appearance
of the property by recently rEpainting the building and concrete gas islands, installing security lighting, and
parking vehicles to be serviced on-site; and, further, that the property owner has agreed to return the
primary use of the property to a gasoline service station, as originally approved; and
CR3207PL.DOC -1- PC98-32
5. That no one indicated ;heir presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized reNresentative has determined that the proposed project falis within the definition of
Categorical Exemptions, Class 21, as defined in the State EIR Guidelines and is, therefore, categorica!ly
exempt from the requirement to prepare an EIR.
NOW THEREFORE BE IT RESOLVED that the Anaheim City ~lanning Commission does
hereby amend Resolution No. 3043, adopted in connection with Variance No, 447, to permit a oas~line
service station with accessory automotive repair and to amend the conditions of approvai, in their entirety,
as follows:
1. That the primary use of this business shall be gasoline sales in accordance with the original
approval of this Variance No. 447.
2. That the property owner shall record an unsubordinated agreement with the Office of the Orange
County Recorder agreeing to remove the service station structures, including underground tanks,
in the event that the service station is closed for a period of ono (1) year. A service station shall
be considered ciosed during any month in which it is open for less than fifteen (15) days. A copy
of the recorded agreement shall be submitted to the Zoning Division.
3. That trash storage areas ~hail be refurbished to the satisfaction of the Streets and Sanitation
Division, Department of Public Works, to comply with minimum requirements including the
installation of doors to screen trash bins from the public's view.
4. That no outdoor storage of, or display of, vehicles or vehicular parts shall be permitted; and that
no outdoor work of any kind (including any operations where only part of the car is inside the
building, except for smog checks on front wheel drive cars) shall be conducted on the property.
~. That the exterior public telephone shall be located within the service station building or removed
from the property.
6. That the owner of the subject property shall be responsible for the removal of any on-site graffti
within riventy four (24) hours of ~ts application.
7. That the parking area shall be restriped. Plans shall be submitted Eo the City Traffic and
Transportation Manager for review and approvai showing conformance with the latest revisions of
Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway
locations. Subject property shall thsreupon be developed and maintained in conFormance with
said plans.
8. That landscaping consisting of trees, shrubs, groundcover, and flowering piants shall be planted
in landscape plantars and ~arge above-ground planter boxes or pots. The property owner shall
submit a landscape plan for the review and approvaf b~ the Planning Commission as a"Reports
and Recommendations" item, specifying compliance with this requirement and all conditions of
approval herein pertaining to landscaping.
9. That clinging vines shall be planted a maximum of three (3) feet on center adjace~t to all masonry
walls and trash enclosure walls visible to the public rights-of-way.
-2- P:.98-32
90. That overnlght vehicle parking shall be limited to inside the building or to the fenced yard tn the
rear of the building.
11. (a) That only gasoline saies, oil changes, smog checks, brakes, tune-ups, air conditioning
services and diagnostic services ~hall be permitted; and
(b) That automobile body work, major transmission repair, major engine overhaul, painting, and
retail sales of autonobile parts or tires shall not be permitted.
12. That no canopies, awnings, or similar types of overhead shade coverings for the purpose of
providing an area for outdoor work or any other activity associated with this business shall be
permitted anywhere on the property,
13. That proof of all necessary Nationai Pollution Discharge and Flimination System {N.P.D.E.S.)
permits shall be submitted to the Development Services Division, Public Works Department.
14. That no propane tanks shall be permitted.
15. That ali vehicles awaiting service shall be parked on-site and that the public streets shall not be
utilized for any parking related to !his business.
16. That the existing wall sign on the north elevation ("Anaheim Service Station - Smog Check") is
permitted; and that all other wall signs shall be removed and any new signs, including any
freestanding sign, shall comply with the standards of the RM-2400 Zone unless a separate
variance application is submitted and approved by the Planning Commission and/or the City
Council. All new signs shall be subject to the review and approval of the Planning Commission as
a "Reports and Recommendations" item.
17. That a maximum of six (6), maximum fifty five (55) gallons each, drums i~~ay be stored
immediately adjacent to the rear of the service station building in leak-proof enclosures. Such
drums shall not to be located within the view of the public rights-of-way.
18. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the StreEts and Sanitafion Division, Department of Publfc Works, for review and
approval.
19. That any ground surtace contaminants shall be remediated to prevent soil contamination and
drainage onto adjacent properties. The property awner shall submit proof of the sofl ramediation
to the Environment Services Division, Public Utilities Department, and proof of the drainage
remediation to the Development Services Division, Department of ?ublic Works, to ensure that
any ground contaminates have been properly disposed of.
20. That any tree, shrub, or flo~ver planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased, and/or dead; and that any trees or olher landscape
maYerial shall not be unreasonably trimmed.
21. That the property owner shall apply for an Administrative Adjustment to construct an eight (8) foot
high masonry block wall (descending to three (3) feet high in the required front setback ar~as)
adjacent to the south and east prope~ty lines.
(a) If the Administrative Adjustment is approved, the wall location and heic~hi of the wali shall
be subJect to the review and approval oF the City Traffic and Transportation Manager for
line-of-sight considerations.
-3- PC98-32
(b) If the Administrative Adjustment is denied, the property owner shall construct a six (6)
foot high masanry block wall (descending to three (3) feet high in the required front
setback are~s) adjacent to ~he south and east property lines, in accordanr,e with Code
requirements and subject to th3 approval of the City Traific and Transportation Manager,
22. That ell boards shail be remoued from Lhe windows.
2~. That this approval is granted ~ubject to the busir,ess operating as a gasoline service statlon,
prope~ iy maintafned in conformance with all conditions of approval and Code requirements, For a
period of six ~fi} rr~~nths, compliance shail be monitored once 2 month by the Code Enforcement
~ivision, with the c~s4 (as d~torm;n~sd by City Council reso;ution) of these inspections to be paid
in advan~e by thc~ araperty owner during this time period.
21• Thal khe subj~ct use shail expire three (3) years from the date oE this resolution on March 16,
2001.
25• T!i~t, as stipulated ia oy the property owner, the hours of operation shal~ be limited to:
7 a.m. to 10 p.m. daily for the gasoline sales portion of this use permit; and
7 a.m. to 7 p.m. daily for the automotive repair portion of this use permit.
26• That within a period ef one (1) year from the date of this resolution, Condition Nos. 3, 7, 8, S, 13,
17 and 19, above-mentiuned, shall be completea.
27• That within a period of ninety (90) days from the date o; this resoiution, Condition Nos. 2, 5, 16,
18, 21 and 22, above-mentioned, shall be completed.
28• That this prope.~ty shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the property owner and which plans are on file with the
Planning Department marked Exhibit No. 1, and as conditioned herein; provided, however, that
the proposed srack shop is not longer part of this approval, as stipulated by the petitioner at the
March 16, 1958 public hearing.
29• That prior to final building and zoning inspections, Condition No. 28, above-mentioned, shall be
complied with.
30. That approval of this application constitutes 2pproval of the proposed request only to the extent
that it complies with the Anaheim Municipal 2oning Code and any other applicable City, State and
Federai 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.
THE FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of ,
March 16, 1998.
l _9CGG~ ~~..~/`"i IZt '~
CHAIRPERSON, ANAHE(~1 CITY PLANNING COMMISSION
ATTEST:
d~~ ~tl'
SECRETARY, AN HEIM CITY PLANNING COI~MISSION
"4" F'C98-32
STATE OF CALIFORNIA )
COUN7Y OF ORANGE ) ss.
CITY OF ANAkEIM )
I, Margarita Solorio, 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
Cornmission held on March 16, 1998, by the following vota of the members thereof:
AYES: COMMISSIONERS: BOSTWiCK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I hav~a hereunto set my hand this ~7 day of
~, 1998.
SECRETARY, ANf~iEIM CITY PLANNING COMMISSIQN
-5- PC98-32