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Resolution-PC 2000-115~ ~ RESOLUTION NO. PC2000-115 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04250 BE GRANTED, IN PART WHEREAS, the Anaheim City 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: AREA 1: JOINT USE ACCESS AREA (PROPOSED TO BE ACCESSED BY BOTH CALTRANS AND HARDIN HONDA): BEGINNING AT THE NORTH~RLY TERMINUS OF THE WEST LINE OF PARCEL 2 OF PARCEL MAP NO. 86-151, RECORDED IN BOOK 217, PAGES 11-13 OF PARCEL MAPS. RECORDS OF ORANGE COUNTY; SAID POINT IS THE TRUE POINT OF BEGINNING AND IS A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 33 DEGREES 00 37" WEST; THENCE NORTHEASTERLY 116.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 DEGREES 41'~68" TO POINT "A" ; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 26 DEGREES 18' 39" WEST; THENCE NORTH 22 DEGREES 58' 13" WEST 49.77 FEET; THENCE SOUTH 45 DEGREES 41' 47" EAST 23.40 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVIING A RADIUS OF 1000.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS NORTH 35 DEGREES 19' 12" WEST; THENCE NORTHEASTERLY 40.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2 DEGREES 18' 35" TO THE TRUE POINT OF BEGINNING. (THE AREA OF THE ABOVE-DESCRIBED JOINT USE ACCESS AREA IS 4,800 SQ.FT., OR 0.11 ACRE.) AREA 2: RESTRICTED USE AREA (PROPOSED TO BE ACCESSED BY HARDIN HONDA ONLY): BEGINNING AT THE ABOVE-DESCRIBED POINT "A"; THENCE ALONG THE FOLLOWING - DESCRIBED COURSES. NORTH 22 DEGREES 58' 13" WEST 36.86 FEET; NORTH 55 DEGREES 44' 27" EAST 43.01 FEET; NORTH 60 DEGREES 13' 24" EAST 111.04 FEET; NORTH 63 DEGREES 01' 18" EAST 166.97 FEET; NORTH 59 DEGREES 36' 35" EAST 64.21 FEET; SOUTH 30 DEGREES 23' 26" EAST 64.21 FEET; SOUTH 57 DEGREES 23' 26" WEST 137.60 FEET; SOUTH 64 DEGREES 25' 12" WEST 163.23 FEET; SOUTH 81 DEGREES 25' 29" WEST 96.34 FEET TO POINT "A". WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 9, 2000 at 1:30 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 18.03, 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 that the hearing was continued from the meeting of September 25, 2000; and CR4923PK.doc -1- PC2000-115 • • 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 properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.040 to construct an employee parking lot for an existing automobile dealership with waivers of the following: (a) Sections 18.21.063.020 - Permitted encroachments into required vards. and 18.21.064 (Parkinq spaces not permitted to encroach into required yards; parking spaces proposed in 10-foot yard adjacent to commercial property to southeast) (b) Sections 18.04.060.050 - Repuired parkinq lot landscapinq. and 18.06.030.040 (11 trees and 528 sq.ft. of landscaped planter area required; none proposed) 2. That waiver (a), permitted encroachments into required yards, is hereby approved on the basis of the unique size and shape of the property, and because the proposed parking use is commercial in nature and will abut an existing commercial use. 3. That waiver (b), required parking lot landscaping, is hereby approved, in part, permitting less landscaping than required on the basis of the unique shape of the property, but because this property is visible to the SR-57 Freeway, the northbound freeway off-ramp and Ball Road, there is sufficient area to plant four broad-headed trees in diamond-shaped tree wells along the west property line of subject parking lot where the fence faces the freeway off-ramp. 4. That there are special circumstances applicable to the property such as size, shape, topography, location and surroundings, which do not apply to other identically zoned properties in the vicinity. 5. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 6. That the proposed use, as approved, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site for the proposed use, as approved, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 8. That 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. 9. That granting this conditional 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. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONM'~ENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an employee parking lot for an existing automobile dealership (Hardin Honda) with waivers of permitted encroachment into required yards and required parking lot landscaping on an irregularly-shaped, 0.79-acre property located at the southeast corner of Ball Road and the SR-57/Orange Freeway northbound off-ramp (the property is a portion of the -2- PC2000-115 ~ . freeway right-of-way); 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 further 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, in part, 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: That subject parking lot shall be used to park employee vehicles only and that no automobiles shall be stored overnight. 2. That a plan shall 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. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That the display or storage of "for sale" automobiles shall not be permitted on the subject property. 4. That this conditional use permit is contingent upon the continued use of the adjacent automobile dealership in the manner is it currently operated. In the event that the automobile dealership ceases operation, this use permit shall no longer be valid. 5. That employees shall park in designated stalls only. 6. That no Special Events Permits shall be permitted on the subject property. 7. That no signs shall be permitted on the subject property. That a minimum two (2) foot wide landscaped and irrigated planter shall be installed adjacent to the proposed wrought-iron fence; and that said landscaped area shall be planted with shrubs and clinging vines (on maximum three (3) foot centers) that will grow together and screen the parking area within two (2) years. That four (4), twenty four (24) inch box sized, broad-headed trees shall be planted, provided with appropriate irrigation and maintained in diamond-shaped tree wells along the west property line of subject parknng area. That the landscaping planters shall be permanently maintained with live and healthy plants. 10. That subject property shall not be used for outdoor storage or similar uses. 11. That on-site maintenance of automobiles or trucks shall not be permitted on subject property. 12. That the parking lot shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Photometric plans shall be submitte~ to the Anaheim Police Department for review and approval. 13. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 14. That 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 twenty four (24) hours from time of occurrence. -3- PC2000-115 ~ ~ 15. That 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; and as conditioned herein. 16. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 8 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That prior to final zoning inspections or prior to commencement of the activity herein approved, whichever occurs first, Condition No. 15, above-mentioned, shall be complied with. 18. 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 9, 2000. ~ CHAIRPERSON, ATTEST: C~lt'~ SECR TARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION 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 Commission held on October 9, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ~ ABSENT: COMMISSIONERS: BOSTWIC4C ~ ~~~"' "IN WITNESS WHEREOF, I have hereunto set my hand this ~_ day of B-1~ii'C.. , 2000. ~~~~, SEC ETA , ANAHEIM CITY PLANNING COMMISSION -4- PC2000-115