Resolution-PC 2002-16• ~
RESOLUTiON NO. PC2002-16
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04494 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 1: THE EAST 110.00 FEET OF THE WEST 200.00 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT
THEREON 220 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST
PARALLEL TO THE SOUTH LINE OF SAID SECTION 9, 606.95 FEET; THENCE
NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 9, TO A POINT IN THE CENTER
LIN€ OF ~HE 80 FOO~ STATE HIGHWRY, RS CON~fEYED T~ THE STATE OF
CALIFORNIA, BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE
350, OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG THE CENTER
LINE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9; THENCE SOUTH ALONG SAID WEST LINE 198.11 FEET TO
THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION,
220.00 FEET NORTH 0 DEG. 43' 06" WEST FROM THE SOUTHWEST CORNER
OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION; THENCE SOUTH 0 DEG. 43' 06" EAST 40.86 FEET ALONG SAID
WEST LINE TO A POINT LOCATED 8.50 FEET NORTHEASTERLY ON THE
CENTER ~lNE OF A S!NlTCH Tl~ACK OF RRlLROAD, SAlD DlSTANCE
MEASURED AT RIGHT ANGLES TO SAID TRACT; THENCE ALONG A LINE
PARALLEL TO AND 8.50 FEET NORTHERLY OF SAID CENTER LINE OF SAID
RAILROAD TRACK THROUGH THE FOLLOWING COURSES AND DISTANCES
WHICH FOLLOW APPROXIMATELY BUT NOT EXACTLY THE CURVE OF SAID
TRACK, SOUTH 84 DEG. 21' 01" EAST 25.15
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FEET; SOUTH 87 DEG. 37' 38" EAST 25.04 FEET; NORTH 89 DEG. 44' 29"
EAST 25.00 FEET; NORTH 86 DEG. 49' 51" EAST 25.02 FEET; NORTH 82 DEG.
49' 23" EAST 25.16 FEET; NORTH 81 DEG. 11' 58" EAST 25.25 FEET; NORTH
82 DEG. 06' 00" EAST 25.20 FEET; NORTH 85 DEG. 28' 58" EAST 25.06 FEET;
THENCE LEAVING SAID TRACT NORTH 0 DEG. 42' 06" WEST 32.94 FEET,
MORE OR LESS, TO A POINT IN THE LINE PARALLEL TO AND 220.00 FEET
NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89 DEG. 16' 54"
WEST 200.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE WEST 90 FEET OF THE NORTH 2.20 FEET.
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT THEREON
217.80 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST PARALLEL TO
THE SOUTH LINE OF SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL
TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 9 TO A POINT IN THE CENTER LINE OF TH€ 80
FEET STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA BY
DEED RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE 350, OFFICIAL
RECORDS; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID
STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
9; THENCE SOUTH ALONG WEST LINE 200.31 FEET TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
WITH THE CENTER LINE OF MANCHESTER BOULEVARD, 80 FEET WIDE,
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED
JANUARY 17, 1935 IN BOOK 724 PAGE 350, OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG
SAID CENTER LINE OF MANCHESTER BOULEVARD, SOUTH 79 DEG. 45' 07"
EAST, 84.15 FEET; THENCE SOUTH 10 DEG. 14' 53" WEST, 40.00 FEET TO
THE SOUTHERLY LINE OF SAID MANCHESTER BOULEVARD; THENCE
SOUTH 86 DEG. 45' 00" WEST 28.53 FEET; THENCE SOUTHWESTERLY
ALONG A CURVE CONCAVE SOUTHEASTERLY TANGENT TO THE LAST
DESCRIBED COURSE AND HAVING A RADfUS OF 20.00 FEET, THROUGH AN
ANGLE OF 76 DEG. 00' 00" AN ARC DISTANCE OF 26.53 F~~T; THENCE
TANGENT, SOUTH 10 DEG. 45' 00" WEST, 38.86 FEET TO THE EASTERLY
LINE OF LOARA STREET, 40 FEET WIDE, THE CENTER LINE OF WHICH
STREET IS SAID WEST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89 DEG. 15' 10"
WEST, 20.00 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE,
NORTH 0 DEG. 44' 50" WEST, 110.63 FEET TO THE POINT OF BEGINNING,
AS GRANTED TO THE STATE OF CALIFORNIA, BE DEED RECORDED
FEBRUARY 1, 1950 IN BOOK 1962 PAGE 266 OF OFFICIAL RECORDS.
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WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 28, 2002, 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
investigafe 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 for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030, 18.61.050.460 and 18.61.050.050 to establish land use
conformity with existing Zoning Code requirements for an existing telecommunications monopole with
accessory ground-mounted equipment and to permit a used auto sales facility with waivers of:
(a) SECTION NOS. 18.04.060.050
AND 18.61.066.030
Minimum parking lot landscaping.
DELETED.
(b) SECTION NOS. 18.61.063.011 Minimum landscaped setback.
AND 18.61.063.013 (10 feet required on Manchester Court and 5 feet
required on Loara Street; None proposed).
2. That waiver (a) is hereby deleted since the submitted exhibits reflect compliance with the
Code requirement;
3. That waiver (b) is hereby approved, in part, denying the waiver for the required width of
the landscape areas, but approving waiver of the required trees within said landscape areas;
4. That there are special circumstances applicable to the property such as size shape,
topography, location or 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 uses are properly ones for which a conditional use permit is
authorized by the Zoning Code;
7. That the proposed uses, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which they are proposed to be located;
8. That the size and shape of the site for the proposed uses is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare;
9. That the traffic generated by the proposed uses wiil not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area;
10. That the granting of the 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; and
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish land use conformity with existing Zoning
Code requirements for an existing telecommunications monopole with accessory ground-mounted
equipment and to permit a used auto sales facility with waiver of the planting of trees in the landscaped
setback areas on an irregularly-shaped 0.7-acre property located at the southeast corner of Manchester
Court and Loara Street with frontages of 137 feet on the south side of Manchester Court and 145 feet on
the east side of Loara Street (273 and 275 West Manchester Court); 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, 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:
1. That the portion of this permit pertaining to the automobile sales facility shall expire 2 years from the
date of this resolution.
2. That a landscape plan shall be submitted to the Zoning Division for review and approval for
installation of landscaped areas. Said plan shall include shrubbery and groundcover adjacent to
Manchester Court and Loara Street. Plans shall also indicate the location and screening of the
ground-mounted equipment for the telecommunications monopole. Any decision made by the Zoning
Division may be appealed to the Planning Commission.
3. That the applicable tra~c signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council.
4. That the devetoper shall pay a traffic and transportation fee to the City of Anaheim, Traffic
Engineering Division, in an amount established by the City Council.
5. That no gates shall be installed across any driveway in any manner, which may adversely affect
vehicular traffic on the adjacent public street. Installation of any gates shall conform to the
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic
and Transportation Manager.
6. That the driveway along Loara Street shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
8. That plans shall be submitted to the City Tra~c and Transportation Manager for his review and
approval in conformance with standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
9. 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
drain runoff. The WQMP shall be submitted to the Public Works Department, Development Services
Division for review and approval.
10. That 4-foot high address numbers shall be displayed on the building roof in a contrasting color to the
roof material. The numbers shall not be visible from the view of the street or adjacent properties.
Said information shall be specifically shown on plans submitted for review and approval by the Police
Department.
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11. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of
the developer. Landscape and/or hardscape screening of all pad-mounted equipment shall be
required.
12. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
13. That the owner of subject property shall submit a letter requesting termination of Conditionat Use
Permit No. 3831 (to permit a 3-story, 28,254 square foot animal kennel with waivers of (a) minimum
structural setback and (b) minimum landscaped setback and Conditional Use Permit No. 1949 (to
permit outdoor storage of new automobiles with waiver of (a) required setback and (b) required
enclosure of outdoor uses) to the Zoning Division.
14. That plans showing building elevations, signs and parking lot lighting and bollards shall be submitted
to the Zoning Division for review and approval. Any decision made by the Zoning Division may be
appealed to the Planning Commission.
15. That the existing telecommunication antenna and ground-mounted equipment shall be limited to
existing and permitted improvements. Any modification or expansion shall be subject to review and
approval by the Planning Commission at a noticed public hearing.
16. That no signs, flags, banners or any other form of advertising or identification shall be attached to the
telecommunicatior~ r~onopole.
17. That 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 Nos. 1 and 2.
18. That prior to commencement of the activity authorized by this resolution, or 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. 2, 3, 4, 8, 9, 10, 13, and 14 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.
19. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 6 and 17 above-mentioned, shall be
complied with.
20. That the 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 !T FURTHER RESOLVE~ that the Anaheim City Planning ~9mmission 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 28, 2002. ~~
~ ~
n
CHAIRPERSON, F( HEIM CITY PL/kN ING 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 Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 28, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL
NOES: COMMISSIONERS: EASTMAN
ABSTAINED: COMMISSIONERS: KOOS
ABSENT: COMMISSIONERS: VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ da of
~e~bc u~ , Zoo2. Y
~
_,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
6 PC2002-16
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