Resolution-PC 2003-146• •
RESOLUTION NO. PC2003-146
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04782 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain reat property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY
WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164
INCLUSIVE, OF LOS ANGELES COUNTY MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAfD LOT 25 WITH
THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS
SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45"
EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00
FEET; THENCE SOUTH 15° 32' 15° EAST ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF SAID LOT 25, 185.16 FEET; THENCE NORTH 74° 27' 45" EAST,
__ -- 1-92.43 FEET-; TI-GEl~ICE SOUTH. 0° 05' ~5" --E~#ST, 72..62 F~~T; T-H~NC~
SOUTHWESTERLY, SOUTH 74° 27' 45" WEST 193.09 FEET; THENCE SOUTHEASTERLY
ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 25, SOUTH 15° 32'
15" EAST 134.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID PARALLEL LINE SOUTH 15° 32' 15" EAST 53.75 FEET; THENCE SOUTH
74° 27' 46" WEST 239.99 FEET TO A POINT ON THE EASTERLY LINE OF A
BOULEVARD; THENCE NORTH 15° 32' 15" WEST ALONG THE EASTERLY LINE OF
ANAHEIM BOULEVARD 69.75 FEET; THENCE NORTH 74° 27' 45" EAST 52 FEET;
THENCE NORTH 15° 32' 15" WEST 34.00 FEET; THENCE NORTH 15° 32' 15" EAST
137.00 FEET; THENCE SOUTH 15° 32' 15" EAST 50.00 FEET; THENCE NORTH 74° 27'
45" EAST, 50.99 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WfTH
THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS
SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45"
~AST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DtSTANCE OF 320.00
FEET; THENCE SOUTH 15° 32' 15" EAST ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF SAID LOT 25, 185.16 FEET; THENCE NORTH 74° 27' 45" EAST,
192.43 FEET; THENCE SOUTH 0° 05' 15" EAST, 72.62 FEET; THENCE
SOI~THWESTER~Y, SOUTH 74° 27' 45" WEST 193.09 FEET; THENCE SOUTHEASTERLY
ALONG A LINE PARALLEL WITH LOT 25 SOUTH 15° 32' 15" EAST 188.01 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARAL~EL LINE
SOUTH 15° 32' 15" EAST 172.22 FEET TO A POINT ON THE NORTHERLY LINE OF BALL
ROAD; THENCE SOUTH 89° 54' 45" WEST ALONG THE NORTHERLY LINE OF BALL
ROAD 71.58 FEET; THENCE NORTHWESTERLY ALONG A LINE PARALLEL WtTH SAiD
WESTERLY LINE OF SAID LOT 25, NORTH 15° 32' 15" WEST 153.15 FEET; THENCE
NORTH 74° 27' 45" EAST 68.99 FEET TO TFiE TRUE POINT OF BEGfNNING 50.99 FEET
TO THE TRUE POINT OF BEGINNING.
Cr\PC2003-~ 46.doc -1- PC2003-146
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PARCEL 3:
•
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH
THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS
SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45"
EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00
FEET; THENCE SOUTH 15° 32' 15" EAST ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF SAID LOT 25, 185.16 FEET; THENCE NORTH 74° 27' 45" EAST,
192.43 FEET; THENCE SOUTH 0° 05' 15" EAST, 72.62 FEET; THENCE
SOUTHWESTERLY, SOUTH 74° 27' 45" WEST 193.09 FEET; THENCE SOUTHEASTERLY
ALONG A LINE PARALLEL WITH SAID WES7ERLYLINE OF SAID LOT 25, SOUTH 15° 32'
15" EAST 188.01 FEET; THENCE SOUI'H 74° 27' 45" WEST 68.99 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH
SAID WESTERLY LINE OF SAID LOT 25 SOUTH 15° 32' 15" EAST 153.15 FEET TO A
POINT ON THE NORTHERLY LINE OF BALL ROAD; THENCE SOUTH 89° 54' 45" WEST
ALONG THE NORTHERLY LINE OF BALL ROAD 158.38 FEET; THENCE NORTH 52° 48'
45" WEST 30.28 FEET TO THE EASTERLY LINE OF ANAHEIM BOULEVARD; THENCE
NORTH 15° 32' 15" WEST ALONG THE EASTERLY LiNE OF ANAHEIM BOULEVARD,
25.86 FEET; THENCE NORTH 74° 27' 45" EAST 121.00 FEET; THENCE
NORTHWESTERLY ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID
LOT 25, NORTH 15° 32' 15" WEST, 61.00 FEET; THENCE NORTH 74° 27' 45" EAST 50.00
FEET TO THE TRUE POINT OF BEGINNING.
_PAHC.EL_4~ ---
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 25 WITH
THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 2757, AS
SHOWN ON A MAP RECORDED IN BOOK 108, PAGES 28 AND 29 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 74° 27' 45"
EAST PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 25 A DISTANCE OF 320.00
FEET; THENCE SOUTH 15° 32' 15" EAST ALONG A LINE PARALLEL WITH THE
WESTERLY LINE OF SAID LOT 25, 185.16 FEET; THENCE NORTH 74° 27' 45" EAST,
192.43 FEET; THENCE SOUTH 0° 05' 15" EAST, 72.62 FEET; THENCE
SOUTHWESTERLY, SOUTH 74° 27' 45" WEST 193.09 FEET; THENCE SOUTHEASTERLY
ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID LOT 25, SOUTH 15° 32'
15" EAST 188.01 FEET; THENCE SOUTH 74° 27' 45" WEST 118.99 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH
SAID WESTERLY LINE OF SAID LOT 25 SOUTH 15° 32' 15" EAST 61.00 FEET; THENCE
SOUTH 74° 27' 45" WEST 121.00 FEET TO A POINT ON THE EASTERLY LINE OF
ANAHEIM BOULEVARD; THENCE NORTH 15° 32' 15" WEST, ALONG THE EASTERLY
LINE OF ANAHEIM BOULEVARD, 61.00 FEET; THENCE NORTH 74° 27' 45" EAST 121.00
FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
Ciry of Anaheim on November 3, 2003 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.060 and 18.61.050.050 to establish an outdoor display area for
recreational watercraft in conjunction with and accessory to an existing recreational watercraft sales agency with
waivers of the following:
(a) Sections 18.04.043.100.101(a)
18.44.063.010
and 18.44.064.080
(b) Sections 18.05.094.010
and 18.44.067
(c) Sections 18.05.094.030
and 18.44.067
(d) Sections 18.05.094.040
and 18.44.067
- Maximum fence heiQht.
(3 feet high permitted in 10-foot landscaped setback along arterial
highways;
6 feet hiqh proposed setback 5 feet from Ball Road)
- Maximum number of siqns.
- Permitted location of monument siQns.
- Minimum distance between monument siqns.
(300 feet required;
100 feet proposed between two signs on Ball Road)
2. That waivers (a) and (d), maximum fence height and minimum distance between
monument signs, are hereby granted on the basis that there are special circumstances applicable to the
property such as location andr surroundings, which do not apply to other identically zoned properties in the
vicinity.
_ _---- -
3. That waiver (d), minimum distance between monument signs, is hereby approved on the
basis that strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties under identical zoning classification in the viciniry because several existing freestanding and
monument signs in the vicinity are located closer than 300 feet to each other but are located on separate legal
parcels for separate businesses (i.e., 7-11, McDonalds, KFC, and a small commercial center); and that this
portion of street frontage of the subject site consists of three separate legal parcels and will contain two
monument signs with each sign being on a separate legal parcel for separate businesses (i.e., Shoe City and
Hahm Motorsports Sales and Service); and that the proposed sign will be located on a separate legal parcel
and, as conditioned, will advertise a separate business from the existing sign.
4. That waivers (b) and (c), maximum number of signs and permitted location of monument
signs, are hereby denied on the basis that they were deleted following public notification.
5. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
6. 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 detrimental to the particular area nor to the peace, health, safety,
and general welfare.
7. 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.
8. 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 Ciry of Anaheim; and that the
proposed business is authorized by the Zoning Code for the underlying CL (Commercial, Limited) and ML
(Limited Industrial) Zones in the (SABC) South Anaheim Boulevard Corridor Zone Overlay and is consistent with
the Regional Commercial designation for this site as described in the Commercial/Industrial (South Anaheim
Boufevard Area) Redevelopment Project Area.
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9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNfA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish an outdoor display area for recreational watercraft in
conjunction with and accessory to an existing recreational watercraft sales agency with waivers of maximum
fence height, maximum number of signs, permitted location of monument signs and minimum distance between
monument signs on an irregularly-shaped 4.76-acre site consisting of six parcels located at the northeast corner
of Anaheim Boulevard and Ball Road, with frontages of 258 feet on the south side of Clifton Avenue, 550 feet on
the east side of Anaheim Boulevard, 330 feet on the north side of Ball Road and 310 feet on the west side of
Technology Circle, and further described as 101 and 125 East Ball Road and 1120 South Anaheim Boulevard
(Hahm Motor Sports); 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:
1. That this conditional use permit shall expire on December 31, 2038, consistent with the termination of the
lease agreement between the City of Anaheim Redevelopment Agency and the land owner, or at such
_ o#hersuch_iime as__the_lease_ is.iermioate_d oc disc_oniinued..
2. That the petitioner shall submit a Coordinated Master Sign Program for the entire 4.76 acre site to the
Zoning Division for review and approval. Said sign program shall include removing any advertising for
Hahm Motor Sports from the existing monument sign on Ball Road. Any decision made by the Zoning
Division regarding said plan may be appealed to the Planning Commission as a`Reports and
Recommendations' item.
3. That the petitioner shall submit a final landscaping plan to the Zoning Division for review and approval.
Said pfan shall include four (4), twenty four (24) inch box sized, evergreen trees within the req,uired
landscaped setback adjacent to Ball Road.
4. That the proposed combination wrought iron and brick pilaster fence shall be relocated outside the
minimum ten (10) foot setback along Ball Road. Said information shall be specifically shown on plans
submitted to the Zoning Division review and approval.
5. That if required to provide electrical service to the property, the property owner/developer shall provide the
City of Anaheim with a public utilities easement to be determined as electrical design is completed.
6. That any required relocation of City electrical facilities shall be at the developer's expense.
7. That the location(s) for future above-ground utiliry devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. Said plans shall also identify the specific screening treatment of
each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.}. Said
screening shall be subject to review and approval by the appropriate City departments.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
9. That pfans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for sign
locations.
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10. That gates shall not be instailed 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 of the City Traffic and Transportation Manager.
11. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard
Detail No. 610 and as required by the Department of Public Works, Street Sweeping and Sanitation, Division.
12. That trash bins shall be stored inside trash encfosures and that the trash storage area(s) shall be refurbished.
to comply with approved plans on file with Public Works Department. Said information shall be specifically
shown on plans submitted to the Streets and Sanitation Division for review and approval.
13. That prior to approval of the grading plan, the developer shall submit a Water (~uality Management Plan
("WQMP") specifically identifying the post construction best management practices that wiil be used on-
site to control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public
Works Department, Development Services Division, for review and approval.
14. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Senrices Division. A Certificate of Compliance
or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office
of the Orange County Recorder.
15. That prior to the issuance of a grading permit, the Ciry of Anaheim Storm Drain Impact and Improvement Fee
for the South Central area shall be paid. The fee is currently twenty two thousand five hundred nine dollars
($22,509~pe~-~et-acGe. The-project acchitect or engineer shall document the existing impervious area-and. the
proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the
impervious area increases, the fee shall be proportional to the increase.
16. That the activity authorized by this conditional use permit shall be limited to the accessory outdoor retail
sale and disptay of recreational watercraft. Should the primary uses authorized by Conditional Use Permit
Nos.3804 and/or 2002-04559 cease to operate, then the outdoor sales and display area shall also cease
operations.
17. 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.
18. That the properry 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.
19. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit Nos. 459 (permitting an auto and truck overhaul, paint, mechanical and body
repair #acility), 749 (permitting used car sales and new car storage including incidental uses, and #o permit
encroachment in the PL Zone), 2509 (permitting an automotive dealership with waiver of minimum
landscaped setback) and 3772 (permitting a tour bus terminat including the storage and maintenance of
buses and administrative offices), and Variance No. 2164 (waiver of maximum sign height within 300 feet
of residential uses).
20. That final plans for the outdoor display area shall be submitted to the Community Development
Department and the Zoning Division for review and approval. Any decision by City staff may be appealed
to the Planning Commission as a'Reports and Recommendations' item.
21. That no temporary or permanent advertising devices shall be permitted within the outdoor display area,
including but not limited to, banners, balloons, price placards, pennants and similar devices.
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22. 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, 2, 3 and 4, and as conditioned herein.
23. That prior to commencement of the activity authorized by this reso-ution or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 7, 9, 10, 12, 13, 14, 15,
17, 19, 20, 22 and 25, herein-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.
24. 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.
25. That the block wall attached to the southwest corner of the service and repair buifding located at 125 East
Ball Road shall angle five (5) feet at the existing building to a ten (10) foot wide landscaped setback
adjacent to and parallel with the proposed outdoor display area. Said information shall be shown on plans
submitted to the Zoning Division for review and approval.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 3, 2003. )
ERSON, ANAHEIM CITY PLANNING COMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Pat Chandler, 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 November 3, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ,.
2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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