Resolution-PC 2001-112• •
RESOLUTION NO. PC2001-112
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04399 BE GRANTED
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:
PARCEL NO. 3, AS SHOWN ON A MAP FILED IN BOOK 95, PAGES 33 AND
34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 13, 2001 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
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 #or whicb a conditioc~at ~se peFmit is autFio~ized by
Anaheim Municipal Code Sections 18.110.050.050.0505 and 18.110.050.050.0544 to permit an
automotive repair (auto body) and towing facility with vehicle impounding and with waiver of the following:
~ections 18.06.050.022.0222 - Minimum number of parking spaces.
18.06.050.030.033 (70 spaces required;
18.06.080 13 spaces proposed, and concurred with by the City Traffic and
and 18.110.050.110 Transportation Manager)
2. That the petitioner submitted a parking study prepared by a registered trafFic engineer,
and that the City Traffic and Transportation Manager has reviewed the study and determined that the
parking supply is adequate for this proposed business at this location provided that a minimum of thirteen
(13) parking spaces are available for customers and that the sliding gate restricting access to customer
parking is removed to make this parking available for both customers and employees.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use.
4. That the waiver, under the conditions imposed, will not increase the dem~nd a.n.~i
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code).
6. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
CR5163PK.doc -1- PC2001-112
• ~
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
8. That unless conditions to the contrary are expressly imposed upon granting of the
parking waiver, the granting of such waiver shall be deemed contingent upon operation of the approved
use in conformance with the assumptions relating to the operation and intensity of the use as contained in
the parking demand study that formed the basis for approval of the parking waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions as contained in the parking demand
study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject
said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092
of the Anaheim Municipal Code.
9. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
10. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimenta! to the particular area nor to the peace, health,
safety and general welfare.
11. 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.
12. That granting of 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.
13. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
GALit=~h~iiA tNVIR~NMENTAL QUAUTY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Section 15301, Class 1, as defined in the State of California Environmental
Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare
an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, 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, if required by the City, the legal property owner shall provide the City of Anaheim with a public
utility easement. Said easement shall be submitted to the City prior to connection of electrical
service.
2. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening shall be required for all pad-mounted epuioment.
3. 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.
4. That the trash storage area(s) used by this business shall be refurbished, including the installation
and painting of trash enclosure gates and a roof to prevent storm water from entering the
enclosure, to the satisfaction of the Public Works Department, Streets and Sanitation Division, to
comply with approved plans on file with said Department. Said information shall be specifically
shown on the plans submitted for building permits.
-2- PC2001-112
• ~
5. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
6. Recommended Condition No. 6 was deleted at the Planning Commission public hearing.
7. That three (3) foot high address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on the plans submitted for building permits.
8. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit. The gates shall remain open during
normal operating hours of 8:00 a.m. to 5:00 p.m.
9. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
10. That all driveways on La Jolla Street shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137. Said information
shall be-specEficaEEy show~t-on the plans subrr~+~ed fQr bt~ilding permits.
11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
Said information shall be specifically shown on the olans submitted for building nerm~ts.
12. That no "compact" or "small car" parking spaces shall be permitted.
13. That an on-site trash truck turn around area shall be provided in compliance with Engineering
Standard Detail No. 610 and shall be shown on plans as required by the Streets and Sanitation
Division. Said information shall be specificalfy shown on the plans submitted for buiiding permits.
14. That a landscaping plan for the entire site, indicating type, size and location of existing and
proposed refurbished landscaping and irrigation, shall be submitted to the Zoning Division of the
Planning Department for review and approval. The landscaping plan shall include the removal of
the barbed wire and the planting of vines on the existing block walls facing the street. Following
approval, the landscaping shall be installed and maintained in accordance with the approved plan.
15. 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.
16. That all existing m~ture I~n~sc~pin4 sh~ll ~~ m~jnt~inarl anr~ immar~iatgl~ rarn,la~c~i ;n ±hg g~~gn+ ~hZ~
it becomes diseased or dies.
17. Recommended Condition No. 17 was deleted at the Planning Commission public hearing.
18. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
-3- PC2001-112
• ~
19. That the storage of vehicle parts or business-related materials, and all work on vehicles (including
the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no
vehicle body work, painting or other business-related activities, or storage of vehicle parts or
materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. Further,
there shall be no outdoor equipment permitted, including hydraulic tifts. That overnight parking of
impound vehicles shall be permitted only in the designated impound area at the rear of the building.
The impound parking of commercial vehicles shall be in the rear of the property.
20. That signs shall be posted in front of the property stating that parking is reserved for customers of
the subject business only.
21. That there shall be no outdoor storage in any required parking area, and that vehicles shall be
stored only in the impound yard as shown on Exhibit No. 1(the site plan).
22. That customer parking spaces shall be striped and clearly marked "customer parking only." At no
time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or
adjacent to, the building. Said information shall be specifically shown on the plans submitted for
building permits.
23. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 2056 (to retain a contractor's storage yard).
24. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
25. 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 Nos. 1 and 2, and as conditioned herein.
26. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 5, 7, 8, 9, 10, 11, 13, 14, 22 and 23,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 48.03.090 of the Anaheim Municipal Code.
27. That prior to final building and zoning inspections or prior to commencement of activity herein
approved, whichever occurs first, Condition Nos. 20 and 25, above-mentioned, shall be complied
with.
28. Recommended Condition No. 28 was deleted at the Planning Commission public hearing.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
-4- PC2001-112
~ •
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 13, 2001. f
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 13, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2001.
~~•..~..._._ .~~w+.a..,...le~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2001-112