Resolution-PC 2003-173~ ~
RESOLUTION NO. PC2003-173
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMiSSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-4800 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:
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 THRU 22, 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 December 15, 2003 at 1:30 p.m., notice of said public hearing having been duly
given as required by faw and in accordance with fhe 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 for which a conditional use permit is authorized by
Sections 18.44.050.060, 18.84.061, 18.84.062.030.031 and 18.84.062.030.032 of the Anaheim Municipal
Code to wit: to construct an automotive sales dealership with accessory roof-mounted equipment with a
structural height greater than 35 feet (proposed 32-foot building plus 10-foot equipment enclosure totaling
42 feet) with the following waivers:
(a) Sections 18.05.091.020 - Maximum number of wall siqns.
and 18.84.062.040 (1 wall siqn per building unit permitted in the "CL(SC)"
Commercial, Limited - Scenic Corridor Overlay Zone;
3 wall sians proposed)
(b) Sections 18.44.062.010.011 - Maximum structural heiqht adiacent to a sinqle-familv
and 18.84.062 residential zone.
(16-feet heiqht permitted where located 32 feet from "RS-
5000(SC)" Residential, Single-Family - Scenic Corridor
Overlay zoning to the south; 32 feet proposed)
(c) Section 18.84.062.010.011 - Minimum structural setback adiacent to a freeway.
(100 feet, fully landscaped, required adjacent to the SR
91/Riverside Freeway;
5 to 40 feet, fully landscaped, proposed)
(d) Section 18.84.062.010.014.0142 - ReQUired landscape setback adiacent to an interior site
boundary line abuttinq a residential zone.
(10 feet, fully landscaped, required adjacent to "RS-
5000(SC)" zoning to the south;
none to 10 feet, fully landscaped, proposed)
2. That the conditional uses are hereby approved in part as follows: the proposed
automotive sales dealership is approved but the proposed structural height (totaling 42 feet consisting of
a 32-foot high building plus a 10-foot high equipment enclosure) is approved in part to permit a maximum
overall height of 32 feet.
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3. That waiver (a), maximum number of wall signs, is hereby approved because the
property has no visibility from surrounding pubic streets and, therefore, will rely on identification towards
the freeway; that the proposed wall signs face the freeway and will have no impact on adjacent and
surrounding residential properties; and that the proposed wall signs are smaller than would otherwise be
allowed by right and similar waivers have been granted for other commercial businesses in the vicinity.
4. That waiver (b), maximum structural height adjacent to a single-family residential zone, is
hereby approved because there are special circumstances applicable to this property consisting of its
long, linear and narrow shape; and that the existing 15-foot wide sewer easement across the property
will provide an additional buffer since the easement restricts development of the underlying area and,
therefore, provides further protection to the residential neighborhood to the south.
5. That waiver (c), minimum structural setback adjacent to a freeway, is hereby approved
because there are special circumstances consisting of property's long, linear and narrow shape, which
restricts development of the property, and the existing flood control channels and 50-foot wide pipeline
easement, which further restrict devefopment.
6. That waiver (d), required landscape setback adjacent to an interior site boundary line
abutting a residential zone, is hereby approved based on the constraints imposed by the location of an
existing flood control channel at the south end of the property which limits placement of landscaping
abutting the residential zoning; and that the proposed landscaping to the north of the flood control
channel will act as a sufficient buffer for the residential neighborhood to the south.
7. Tt~aC tliere ~r~ ~~ci~rcircum-stances applicabte to the praperty cons~sting af its shape,
location and surroundings, which do not apply to other identically zoned properties in the vicinity.
8. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
9. That the proposed use will not, under the conditions imposed, adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located
because the site design and location of the proposed building and the design and operational measures
incorporated into the project are such that the adjacent and nearby properties wi!! not be negatively
affected.
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 detrimental to the particular area nor to the peace, health,
safety and general welfare; and that, with the exception of the approved waivers which are necessary
due to site constraints, the proposal complies with the provisions and standards set forth in the Zoning
Code.
11. That the traffic generated by the proposed use will not impose an undue burden on the
streets and highways designed and improved to carry traffic in the area because the proposed business
operation will generate an average 200 daily trips which is less than the traffic that would be generated by
the previously-approved residential development for 22 singte-family homes, which has not been
constructed.
12. 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 based
on the compatibility of the site design and business operation with the adjoining residential and
commercial land uses.
13. That three people spoke at the public hearing regarding the proposal (one representing
the Concerned Citizens of the Canyon).
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14. That six people spoke at the public hearing in opposition to the proposal (one
representing the Anaheim Hills Citizen Coalition); that a petition with 661 signatures was received in
opposition; and that correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct an automotive sales dealership with
accessory roof-mounted equipment with a structural height greater than 35 feet (proposed 32-foot
building plus 10-foot equipment enclosure) and with waivers of maximum number of wall signs, maximum
structural height adjacent to a single-family residential zone, minimum structural setback adjacent to a
freeway and required landscape setback adjacent to an interior site boundary line abutting a residential
zone on an irregularly-shaped 5.7-acre property located on the south side of the SR-91/Riverside
Freeway at the northeast terminus of Via Cortez, having a frontage of 161 feet on the northeast terminus
of Via Cortez and a maximum depth of 1,370 feet, and being located 837 feet north of the centerline of
Santa Ana Canyon Road; and does hereby approve the Mitigated Negative Declaration, including
Mitigation Monitoring Plan No. 122 for the Caliber Motors Mercedes-Benz Sales Facility, upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Mitigated 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 the property owner/developer shall be responsible for compliance with all the mitigation
measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for
complying with the monitoring and reporting requirements established by the City in compliance with
Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which are
made a part of these conditions of approval by reference.
2. That no required parking area shall be fenced or otherwise encfosed for storage or other outdoor
use.
3. That outdoor special events shall be subject to review and approval by Zoning Division staff and
shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any
decision made by the Zoning Division regarding such an event may be appealed to the Planning
Commission or City Council as a`Reports and Recommendations' item.
4. That only iight vehicle preparation shall be permitted; and that no repair or maintenance work shall
be permitted.
That all roof and/or ground-mounted equipment shall be contained within an acoustical enclosure
and shall be completely screened from visibility to surrounding properties, streets and the SR-
91/Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of
the Anaheim Municipal Code (pertaining to development standards for roof-mounted equipment in
the "(SC)" Scenic Corridor Zone Overlay). Said information shall be specifically shown on the plans
submitted for building permits.
6. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and
Transportation Manager for review and approval. Said plan shall incorporate a test-driving route that
does not include any residential streets, and the plan shall be implemented continuously during the
course of the operations permitted under this Conditional Use Permit.
7. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be
independently delivered to this site (i.e., each vehicle shall be individually driven to this site).
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8. That the petitioner sha~l submit a Final Sign Plan to the Zoning Division for review and approval.
Said plan shall show no signage on the vehicle preparation building. Any decision made by the
Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City
Council. Said information shall be specifically shown on the plans submitted for building permits.
9. 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 twenry
four (24) hours from time of occurrence.
10. That a Final Landscape and Fencing Plan for the entire site, specifying type, size and location of
proposed landscaping, irrigation and fencing, 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 or City Council. Said information shall be specifically shown on the plans submitted for
building permits. Said plan shall include landscape screening for the north side of the vehicle
preparation building to eliminate graffiti opportunities.
11. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
14. That the water backflow equipment shall be above ground and located outside the required street
setback area, and fully screened from all public streets. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the required street setback area in a manner fully screened from all public streets. Said
information shall be specifically shown on plans submitted to the Water Engineering and Cross
Connection Inspector for review and approval.
15. That because this project has landscaping areas exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on the plans submitted for building permits.
16. That the accessory car wash building shall comply with all state laws and local ordinances for Water
Conservation Measures.
17. That the developer/owner shall submit a set of improvement plans to the Public Utilities Water
Engineering Division for review and approval to determine the conditions necessary for providing
water service to the project.
18. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for
building permits.
19. 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 review and approval by the City Traffic and
Transportation Manager.
20. 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
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602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said approved plans.
21. That the developer shall submit a grading plan to the Public Works Department, Development
Services Division, for review and approval. Grading shall conform to the requirements of Chapter
17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code.
22. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and
the driveway to the commercial center on the west side of Via Cortez to the Public Works
Department, Development Services Division, for review and approval.
(b) That said street improvements, as approved, shall be installed prior to final zoning and building
inspections.
23. That the legal property owner shall prepare 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 prior to obtaining a grading permit.
24. That the locations for future above-ground utility 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. Such plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
25. That prior to submittal of the water improvement plans, the developer/owner shall submit a water
system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water
Enginee~ing Division for review and approval. T~ie rr7~s~~r pran sh~ft d~monstrate the adequacy of -
the proposed on-site water system to meet the projecYs water demands and fire protection
requirements.
26. That prior to application for water meters or fire lines or submitting the water improvement plans for
approval, the developer/owner shall submit an estimate of the maximum fire flow rate and the
average day, maximum day and peak hour water demands for this project to the Public Utilities
Department, Water Engineering Division. This information will be used to determine the adequacy of
the existing water system to provide for the estimated water demands. Any off-site water system
improvements required to serve the project shall be installed in accordance with Rule No. 15A.6 of
the Water Utility Rates, Rules, and Regulations.
27. That the legal property owner shall provide the City of Anaheim with an easement for electrical
service lines to be determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to connection of electrical service.
28. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
29. That four (4) foot high street 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 adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
30. That prior to commencement of business at this location or prior to occupancy of the building,
whichever occurs first, the applicant shall file an Emergency Listing Card, Form APD-281, with the
Anaheim Police Department.
31. That prior to commencement of any construction, all necessary permits required by the State of
California shall be obtained to develop over the flood control channels.
32. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect
the light away from the adjoining residential properties, and shall not exceed a height of twefve (12)
feet; provided, however, that the lighting adjacent to the freeway may be increased to a height not to
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exceed eighteen (18) feet if said height increase has the same lighting affect on the adjoining
residential properties to the south as twelve (12) foot high light standards would have. Said
information shall be specifically shown on the plans submitted for building permits.
33. That plans showing enhanced paving at the entry to the property at Via Cortez shall be submitted to
the Zoning Division for review and approval. Any decision made by the Zoning Division regarding
such plan may be appealed to the Planning Commission or City Council. Said information shall be
specifically shown on the plans submitted for building permits.
34. That the design and placement of any proposed security bollards shall be submitted to the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding such plan
may be appealed to the Planning Commission or City Council. Said information shall be specifically
shown on the plans submitted for building permits.
35. That a plan showing the method(s) for preventing light from inside the main building from shining
onto residential lots to the south shall be submitted to the Zoning Division for review and approval.
Any decision made by the Zoning Division regarding said plan may be appealed to the Planning
Commission or City Council. Said information shall be specifically shown on the plans submitted for
building permits.
36. That a plan showing the design and placement of the security kiosk shall be submitted to the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding said plan may
be appealed to the Planning Commission or City Council. Said information shall be specifically
shown on the plans submitted for building permits.
37. That the daily hours of operation shall be limited to 7am to 9 pm, as stipulated by the petitioner.
38. That no loud speakers sF~alf be permifted.
39. That no off-site signage shall be permitted.
40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials; and that such
information shall be specifically shown on the plans submitted for building permits.
41. That the approval of this Conditional Use Permit is granted subject to adoption of General Plan
Amendment No. 2003-00415 and finalization of Reclassification No. 2003-00113.
42. That subject property shali be developed subs#antialiy in accordance w~th plans and speci~~cations
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein, including that the
maximum structural height shall be thirty two (32) feet.
43. 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. 5, 6, 8, 10, 12, 13, 14, 15, 17, 18, 19, 20, 21,
22(a), 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 40, 41, 46 and 47(a), herein-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
44. That prior to final building and zoning inspections, Condition Nos. 22(b) and 42, above-mentioned,
shall be complied with.
45. 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.
46. That final elevation plans, which incorporate the suggestions made by the Planning Commission at
the December 15, 2003, public hearing regarding the architecture, shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a`Reports and Recommendations'
item. Said plans shall incorporate any roof-mounted equipment into the design of the building, and
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the maximum over-aii structural height, including any roof-mounted equipment, shall be thirty two
(32) feet.
47. (a) That the plans submitted for building permits shall include information demonstrating that the
lighting from the signs shall not cause excessive light and/or glare towards the residences to
the south.
(b) That the on-site advertising signs shall be illuminated only during hours of operation.
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
December 15, 2003. /'
ATTEST:
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
~ _ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
Cefti~/ t~i8i the foregoirr~ °esolution was passed and adopted at a meeting of the Anaheim Ci#y Planning
Commission held on December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3/1 ~ day of
~ri , 2003.
i~~X~w,--•.o:._
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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