Resolution-PC 2010-073RESOLUTION NO. PC2010-073
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO 2009-05410
(TRACKING NO. CUP2010-05410A)
WHEREAS. on June 22, 2009 the Anaheim Planning Commission (hereinafter
referred to as "Planning Commission"), by its Resolution No. 2009-064 did approve Conditional
Use Permit No. 2009-05410 to permit a convenience market in conjunction with an existing
service station on certain real property located at 2445 East Ball Road in the City of Anaheim,
County of Orange, State of California, as more particularly shown on Exhibit "A", attached
hereto and incorporated herein by this reference; and;
WHEREAS, the Planning Commission did receive a verified Petition for an
amendment to Conditional Use Permit No. 2009-05410, designated as Conditional Use Permit
No. 2009-05410A, to establish a car wash tunnel in conjunction with an existing service station
and convenience market; and
WHEREAS, this property is developed with a service station and convenience
market located in the C-G (General Commercial) zone and is designated for Medium Density
Residential land uses in the City of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 30, 2010, at 5:00 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 "Procedures", 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, the Planning 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. A car wash tunnel in the General Commercial (C-G) zone is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section
18.08.030.010.
2. A car wash tunnel in conjunction with a convenience market and service station
would not adversely affect the surrounding commercial, residential, and school land uses and the
growth and development of the area in which it is proposed to be located because the property is
currently improved with a commercial building with code required parking and landscaping. In
addition, the proposed car wash area is located approximately 100 feet from the nearest residence
and use of the car wash tunnel will be restricted from 7 a.m. to 8 p.m. daily.
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3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of cars and trucks entering and exiting the site are consistent with typical commercial businesses
that would be permitted as a matter of right within the General Commercial zone.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, 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 Planning Commission, for the
reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No.
2009-05410, designated as Conditional Use Pe unit No. 2009-05410A, to amend said conditional
use permit as requested by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
amend, the conditions of approval adopted in connection with Planning Commission Resolution
No. 2009-64, approving Conditional Use Permit No. 2009-05410, to add certain conditions of
approval as stated in Exhibit "B" attached hereto and incorporated by this reference which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. 2009-064, approving Conditional Use Permit No. 2009-05410,
shall remain if full force and effect.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the 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 this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City-Initiated Revocation or Modification of Pei lints) of the Anaheim Municipal
Code.
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BE IT FURTHER RESOLVED 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 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 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. 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 August 30, 2010. 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 Counc on in the event of an appeal.
ATTEST:
CHAIRMAN, A
SENIOR ECIETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Grace Medina, Senior 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 Commission held on August 30, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL,
IM CITY PLANNING COMMISSION
IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of August, 2010.
SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
IlEV2010 -00072
FAPN: 253 - 081 -16
00
100
s
mIOM00000000000IM ONNNNUUWIIN011I0NW11010101 !OOIUIOOIOOWIM
Feet
E BALL RD
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
11002
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PC2010 -073
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
PRIOR TO BUILDING PERMIT
°
1
Any new backflow equipment shall be located above
ground' outside of the street setback area in a manner fully
screened from all public streets and alleys. Said
information shall be specifically shown on plans and
approved by water Engineering and Cross Connection
Control Inspector before submittal for Building permits.
Water
Engineering
PRIOR TO CONSTRUCTION
2
All requests for new water services or fire lines, as well as
any modification, relocations, or abandonments of existing
water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public
Utilities Department.
Water
Engineering
3
The car wash shall comply with all State laws and local
ordinances for water conservation measures. Voluntary
water conservation strategies are encouraged.
Water
Engineering
GENERAL
4
Trash storage areas shall be maintained in a location
acceptable to the Public Works Department and in
accordance with approved plans on file with said
Department. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from
adjacent streets or highways. On trash service day, service
station personnel shall facilitate trash collection by locating
the trash container in the parking lane on Sunkist Street
and shall return the container to the trash storing area
immediately after trash service.
Planning,
Public Works
5
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within two business days from the time of
discovery.
Code
Enforcement
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2009-05410
(DEV2010-00072)
5
PC2010-073
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
6
The carwash facility shall only operate between the hours
of 7 a.m. to 8 p.m., daily.
Code
Enforcement
7
The 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 Exhibit No. 1
(Site Plan) as conditioned herein.
Planning
.
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