Resolution-PC 98-7A RESOLU'(ION OF i HE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FC : CONDITIONAL USc PERMIT CJ'J 3966 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for cerain real property situated Sn thie City of Anaheim, County of Orange, State
of California, described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY ANAHEIM, AND IS DESCRIBED
AS POLLOWS: '
THAT PORTION OF LOT 11 OF ANAHEIM EXTENSION, AS SHOWN ON A
MAP OF SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, A COPY OF WHICH
IS SHOWN IN BOOK 3, PAGE 163 AND FOLLOWING, ENTITLED "LOS
ANGELES COUNTY MAPS", RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLUWS:
BEGINNING AT A POINT C~s~, THE SOUTHERLY LINE OF CENTER STREET,
AS SHOWN ON SAID MAP, `.">OUTH 74° 37" WEST 153.19 FEET FROM THE
INTERSECTION OF SAID SOUTHERLY LINE OF CENTER STREET WITH THE
WESTERLY LINE OF A 60 FOOT ROAD KNOWN AS PLACENTIA AVENUE;
THENCE ~lORi'H 74° 37' 32" EAST 126.75 FEET ALONG SAID SOUTHERLY
LINE OF CENTER STRE[T TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY AND riAVING A RADIUS OF 20 FEET, SAID
CURVE ALSO BEING TANGENT TO SAID WESTERLY LINE OF PLACENTIA
AVENUE; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY 36.93
FEET ALONG SAID CURVE TO SAID WESTERLY LINE OF PLACENTIA
AVENUE; THENCE SOUTH 0° 25' 45" V'lEST 329.22 FEET ALONG SAID
WESTERLY LINE OF PLACENTIA AVENUE TO THE NORTHERLY LINE OF
ANAHEIM OLIVE ROAD, AS DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED APRIL 12, 1937 IN BOOK 883 , PAGE 89 OF
OFFICIAL RECORDS, IN THE OFFICE OF 'i'HE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE NORTH 7f3° 52' 48" WEST 150.00 FEET
ALONG SAID NORTHERLY LINE OF ANAHElM OLIVE ROAD; TI-IENCE
NORTH 0° 25' 45" EAST 286.11 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE POlNT GF INTERSECTION OF THE NORTHERLY LINE
OF ANAHEIM OLIVE ROA~ WITH THE WESTERLY LINE OF PLACENTIA
AVENUE; THENCE 0° 25' 45" EAST 179.22 FEET ALONG SAID WESTERLY AT
A RIGHT ANGLE TO SAID WESTERLY LINE OF PLACENTIA AVENUE, TO A
POINT ON THE WESTERLY LINE OF THE ABOVE ~ESCRIBED PROPERTY;
THENCE SOUTH 0° 25' 45" WEST ALONG SAID WESTERLY LINE OF THE
ABGVE DESCRIBED PROPERTY TO A POINT ON THE NORTHERLY LINE OF
SAID ANAHEIM OLIVE ROAD; THENCE SOUTH 78° 52' 48" EAST 150.00 FEET
ALONG SAID NORTHERLY LINE OF ANAHEIM OLIVE ROAD TO THE POINT
OF BEGINNING.
CR3159PL.DOC -1- PC98-7
WHEREA,S, the City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on „anuary 26, 1998 at 1:30 p.m., notice of s2id public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, ;o 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 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 properiy one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.085 to permit a 1,266 sq. ft. expansion of an existing 1,008
sq. ft. lubrication, oil change, smog check and minor auto repair facility;
2. That the proposed uss is properly one for which a conditionai use permit is authorized by
the Zoning Code;
3. That the proposed use will not ad~~ersely affect the adjoining land uses and the growth
and development of the area in which it is propASed to be located; and that this use has been at this
location since 1975;
4. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use ~n a manner not detrimentai to the particular area nor to the peace,
health, safety and general welfarc; and that the proposal meets ali applicable Code requirements for
building height, parking and structural setbacks;
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
6. That the granting of this conditionai use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
~ALIFORNIA ENVIRONME~TAL QUAU~ nrr Fintnwr• That the Anaheim City
Planning Commission has reviewed the preposal to permit a 1,286 sq. ft. expansion of an existing 1,008
sq. ft. lubrication, oil change, smog check and minor auto repair facility on the southwest corner of State
College Boulevard and Center Street with frontages of 113 feet on the south side of Center Street and 125
feet on the west side of State College Boulevard (105 Soufh State College Boulevard - Insta-Tune and
Lube); 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 fu~ther 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 grant subject Petition for Conditional Use Permit, upon the following conditions whict~ are
hereby found t~ 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 a plan sheet for soiid waste storage and collection and a plan for recycling shali be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
CR3159PL.DOC -2- pC98-7
2. That trash storage area(s) shall be provided ard maintained in location(s) acceptable to the Public
Works Department, Streets and Sanifation Division, and in accordance with ap~roved plans on fie
with said Depzrtment. Such information shall be specifically shown on the plans submitted for
building permits.
3. That trash storage areas shall be refurbished to the satisfac!ion of the Puhlic Works department,
Streets and Sanitation Division, to comply witti approved plans on fiEe with said Department.
4. That the developer shall submit evidence to the Public Works Department, Development 5ervices
Division, that the site is a legaf parcel of record as defined by the Subdivision Map Act. If the site
is not a legal parcei, the developer shall submit a Certificate of Compliance for review and
approval by the City Engineer.
5. That the developer shail pay the Sewer Capacity Mitigation Fee for the Old Town/Basin 8 Area.
6. That an on-site trash truck turn-araund area shall be provided and maintained to the satisfaction
of the Public Works Department, Streets and Sanitation Division. Said turn-around area shali be
specifically shown on plans submitted for building permits.
7. The proposed Condition No. 7 was de/eted at the Pianning Commisslon public hearing.
8. That the driveway on Center Street shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137. Further, that when
the driveway is reconstructed, the area adjacent to the cight-of-way shall be fully landscaped,
irrigated and maintained.
9. That plans shali be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
11. That no outdoor storage of, display of, or work on vehicles or vehicular parts, shall be permitted;
and that no outdoor work, including diagnostic services, shall be conducted at any time.
12. That any cm-site public telephones shall be located inside the building.
13. That the owner of the subject property shall be responsible for the removal of any on-site graffiti
within twenry four (24) hours of its application.
14. That no banners or other adveriising shail be displayed within the service bays and visible to the
public rights-of-way unless a valid Special Events Permit has been approved to authorize such
display.
15. That the property ovrner shall construct a four (4) foot, six (6) inch wide landscaped and irrigated
planter in front of the building along the east buiiding wal~.
16. That no overnight parking of vehicles shall be permitted. Any vehicles parked overnight shall be
stored inside the building.
CR3159PL.DOC -3- PC98-7
17. That this business shall operate as follo~vs, as stated by the petitioner:
Type of Business: Lubrication, oil change, smog check diagnostic services and minor auto
repair
(Automobile body work, major transmission repair, major engine
overhaul, and painting shall ~ be permitted)
Business Hours: Monday through Sunday 8 a.m. to 6 p.m.
18. That any tree, shrub, or flower planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased, ~^d/or dead; and that any trees or other landscaping
materials shail not be unreasonably trimmed.
19. (a) That a six (6) foot high masonry block wali shall be constructed to replace the existing
chain link fencing along the west property line (adjacent to residential uses). Said block
wall shall be planted and maintained with clinging vines on both sides to eliminate graffiti
opportunities.
(b) That the existing chain link fence on the south property line shall removed if it is
determined that the fence is actuaily located on, and within the control of, the subject
property.
20. That minimum one (1) gallon s?zed vines shall be plam.:d on maximum three (3) foot centers
adjacent ta the north and south trash enclosure walls; and lhat such landscaping sha~l be irrigated
and maintained. Said information shall be specifically shown on plans submilted for :;:r!Iding
permits.
21. That elevation, landscaping and sign plans shall be submitted to the Zoning Division for Planning
Commission review as a"Reports and Recommendations" item.
2'_'. That all existing wall signs shall be removed; and that signage for subject faciliry shall be limited
to that which is specifically shuwn on the exhibits submitted by the petitioner and approved by the
Planning Commission. Any additional signs shall comply with Code requirements in effect at lhe
time of application for sign permits, and shall be subject to the review and approval of the
Planning Commission as a"Reports and Recommendations" item.
23. That the metal building shall conform with the requirements of Council F'olicy No. 526.
Conformance wilh this pollcy shall be specifically shown on plans submilted for buil~iing permits.
24. That the property owner shall submit an unsubordinated covenant for removal of the existing pole
sign at na cost t~ the City of Anaheim at such time as the City of Anaheim accepts dedication of
the ultimate Critical Intersection rights-of-way. The sign may be replaced with a sign that meets
the appiicable Gode requirements in effect at the time of application for sign permits. Plans for
any proposed monument sign shall be subject to the review and approval of the Planning
Commission as a"Reports and Recommendatlons" prior to obtaining a building permit.
25. That the existing landscaping on the property shall be refurbished.
26. That no canopies or other similar structures shall be placed or constructed on this prope~ ty.
CR3159PL.DOC -4- PC98-7
27. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the Cit~: of Anaheim by the petitioner and which plans aro on file witti the Planning
Department marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 and 3, and as conditioned
herein.
28. That prior to issuanc~ ot ~ building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, 9, 20, 21, 23 and 24,
above-mentioned, shall be complied with. Extensions for further time to complete said canditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
29. That prior to final building and zoning inspections, Condition Nos. 3, 8, 17., 15, 19, 22, 25 and 27,
above-mentioned, shall be complied with.
3~. 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
Federa! regulations. Approval does not include any actfon or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
31. That prior ~r issuance af a building permit or within a period of sixty (60) days from the date of thls
resolution, whichever occurs first, i'^.e owner of subject property shall submit a letter requesting
termination of Variance No. 2683 (waiver of permitted uses and maximum access drive width to
establish an automotive diagnostic and service center) to the Zoning Division.
32. That subJect use permit (s hereby approved for a period of two (2) years, to expire on January 21,
2000.
BE IT FURTHER RESOLVED that the Anahefm City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanCs compliance
with each and ail of the conditions hereinabove set foRh. Should any such condi}ion, or any part thereof,
be declared invalid or unenforceable by the final judgment o n~ourt of comPefent jurisdiction, then this
Resolution, and any approvals herein contained, shall b~~med null and vold.
THE FOREGOING R~SOLUTION w dopted at t lan ing Commission meeting of
January 21, 1998. ;: , ~/~ ,
ANAHEIM CITY PLANNING COMNISSION
ATTEST:
\~o~u~tl'
SECRETA Y, A HEIM CITY PLANNING COMMISSION
CR3159PL.DOC -5- PC98-7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss.
CITY OF ANAHEIM }
i, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify fhat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS:SOYDSTUN, BRISTOL, HENNINGER, NAPOLES
NOES:COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, MAYER, PERAZA
IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of ~
1998.
~~'~'
SECRETARY, AHEIM CITY PLANNING COMMISSION
CR3159PL.DOC -6- PC~J8-7