Resolution-PC 2007-45• •
RESOLUTION NO. PC2007-45 ' -
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO.'PC85-222 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMITNO. 2716 (TRACKING NO: 2007-05203)
(8323 EAST LA PALMA AVENUE- WEIR CANYON HONDA)
, WHEREAS; the Anaheim Planning Commission'did receive a verified Petition for Conditional _ -
Use Permit for certain real property situated in the Cityof Anaheim, Gountyof Orange, State of California,
described as: :
THAT PORTION OF THE SECOND AND THIRD CLASS LANDS ALLOTTED TO JESUS
! WILSON DE SHORB AND R/G/ DE LA RIVA BY FINAL DECREE OF PARTfTtON OF THE
RANCHO CANON DE SANTA ANA, RECORDED FEBRUARY 8, 1874 IN THE DISTRICT
COURT OF CALIFORNIA, IN AND fOR THE COUNTY OF LOS ANGELES; IN CASE NO.
1978, A CERTIFIED COPY OF WHICH WS RECORDED IN BOOK 28, PAGE 158, OF
DEEDS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES
COUNTY, SAID LAND BEING' LOCATED 1N THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ,
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMFANY, PER BOOK 193, PAGE
114 0F DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, WITH A CURVE CENTRIC WITH AND 50.00 FEET NORTHEASTERLY FROM ,
THE CENTERLINE OF WEIR CANYON ROAD, AS SHOWN ON A MAP DATED AUGUST
5, 1970 AND ENTITLED SM70-10 ON FILE IN THE OFFICE OF THE COUNTY
SURVEYOR OF SAID ORANGE COUNTY, A RADIAL LINE TO SAID POINT OF
INTERSECTION BEARS SOUTH 49°38'40" WEST; THENCE, NORTH 72°11'05" EAST
1078.84 FEET ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1482.69 FEET, A
RADIAL LINE TO SAID BEGINNING BEARS SOUTH 13°14'55'° EAST; THENCE,
EASTERLY ALONG SAID CURVE, 197.12 FEET THROUGH A CENTRAL ANGLE OF
07°3T02" TO THE EASTERLY LINE OF THE SOUTHERN CALIFORNIA EDISON
EASEMENT RECORDED MARCH 3, 1952 OFFICIAL RECORDS, SAID LINE BEING
COINCIDENT WITH THE NORTHEASTERLY PROLONGATION OF THE WESTERLY LINE
OF THE LAND DESCRIBED IN THE DEED TO THE METROPOLITAN WATER DISTRICT
RECORDED JUNE 9, 1955; THENCE, ALONG SAID EASTERLY RIGHT OF WAY LINE,
SOUTH 06°30'58" WEST 102.63 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1646.00 FEET, SAID
CURVE BEING CONCENTRIC WITH AND 46.00 FEET NORTHWESTERLY OF THE
CENTERLINE OF LA PALMA AVENUE AS SHOWN ON RECORD OF SURVEY NO. 84-
1126, FILED IN RECORD OF SURVEY RECORDED AS INSTRUMENT 84-312966, -
OFFICIAL RECORDS OF SAID ORANGE COUNTY, A RADIAL LINE TO SAID BEGINNING
BEARS NORTH 36°23'23" V1/EST; THENCE, SOUTHWESTERLY ALONG SAID CURVE,
358.72 FEET THROUGH A CENTRAL ANGLE OF 12°29'12" TO THE BEGINNING OF A
COMPOUND CURVE CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF2170.00
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 48°52'35" WEST; THENCE,
SOUTHWESTERLY ALONG SAID COMPOUND CURVE 367.27 FEET, THROUGH A
CENTRAL ANGLE OF 09°41'50"; THENCE, SOUTH 31 °25'35" WEST 32.95 FEET;
THENCE, SOUTH 29°59'39" WEST 158.73 FEET; THENCE SOUTH 69°52'35" WEST 36.13
FEET TO THE BEGINNING OF THE ABOVE DESCRIBED CURVE, CONCENTRIC WITH
AND 50.00 FEET NORTHEASTERLY FROM SAID CENTER LINE OF WEIR CANYON
ROAD, BEING CONCAVE TOT THE NORTHEAST HAVING A RADIUS OF 1550.00 FEET,
A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 22°18'18" WEST; THENCE,
Cr\PC2007-45 -1- PC2007-45
s ~r
~ NORTHWESTERLY 739.60 FEET ALONG SAID NON TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 27°20'22" TO THE PONT OF BEGINNING.
EXCEPTING THEREFROM ALL BUILDINGS AND IMPROVEMENTS, AS GRANTED BYSA
CONVEYANCE FROM HENDRICK MANAGEMENT CORPORATION, A,NORTH
CAROLINA CORPORATION WHICH IS SUCCESSOR BY MERGER TO J.R.H., INC., A
NORTH CAROLINA CORPORATION TO HENDRfCK AUTOMOTiVE GROUP, A NEW
YORK GENERAL PARTNERSHIP, DATED DECEMBER 31, 1992 AND RECORDED
MARCH 13, 1996 AS 1NSTRUMENT NO. 19960121901 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA. ':
WHEREAS; the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 14, 2007,' at 2:30 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 18.60, 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 madeby 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 this requesf to amend a previously-approved conditional use permit for an existing auto
dealership to permit additional auto sales, auto repair, and roof-mounted equipment is properly one for which
a conditionaC use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Automotive-
Car Sales & Rental and'Automotive-Repair & Modification) with waivers of the following;
(a) SECTION NO. 18.18.090.010.0102 Minimum landscaped setback.
(W ithdrawn)
(b) SECTION NO. 18.18.090.050.0501.01 Maximum number of wall siqns.
Two signs permitted; six signs proposed)
(c) SECTION NO. 18.44.110.010.0103 Maximum letter heiaht.
(Withdrawn)
2. That waivers (a) pertaining to minimum landscaped setback and (c) pertaining to maximum
letter height are hereby denied since they have been withdrawn by the applicant subsequent to
advertisement.
3. That waiver (b) pertaining to maximum number of wall signs is hereby approved, in part, for
a maximum of five wall signs, consisting of four channel letter signs and one company logo sign. The
building faces the intersection which is a unique orientation and therefore there are building frontages visible
to the street from three directions. Although there are limited commercial properties in the area, a nearby
commercial property developed with an automobile dealership has been granted waivers for wall signs as
well. One sign on each elevation for a total of three signs would be appropriate and sufficient to advertise
the business. 7he logo is appropriate for the identification of the dealership and can not be consolidated into
the channel letter sign because of the proposed architecture. Six signs would be excessive and would result
in multiple signs with the same information being visible from any single direction.
4. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the site can accommodate the combined uses proposed;
5. That no one indicated their presence at said public hearing in opposition, and no
correspondence was received in opposition to the subject petition.
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CALIFORNIA ENVIRONMENTAL QUALiTY ACT F{NDlNG: P4anning staf~ has determined that
the proposed project falls withinthe definition of Categorical Exemptions, Section 15301, Class 1(Existing
Facilities); as defined in the State CEQA Guidelines and is, therefore; exemptfirom the requirement to
prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLUEq that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby approve in part, the request to amend a previously-approved auto
dealership to permit additional auto sales, auto repair, and roof-mounted equipment. '
BE IT FURTHERRESOLVED that the Anaheim Planning Commission does hereby amend the
conditions of approvaf in Resolution No.PC85-222 pertaining to Conditional UsePermit No, 2716 as follows '
Prior to issuance of a buildinq permit or within a period of one {1) Vear from the date of this
resolution whichever occurs first, the followinq conditions shall be complied with;
1. Thaf the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow deVices, gas, communicationsand cable devices, etc., shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
2. That the water backflow equipment shall be above ground, outside of the street setback area in a
manner 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
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by The Water Engineering Division
and Cross Connection Inspector before submittal for building permits.
3. That any required relocation of City electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of any pad-mounted equipment shall be required. Said
information shall be specifically shown on plans submitted for building permits.
4. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with said approved plan.
5. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shall not be visible from view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department, Community
Services Division for approvaL
Prior to the issuance of a qradinq permit, the followinq conditions shall be complied with:
6. The developer shall coordinate abandonment or obtain an encroachment permit for the storm drain
easement.
7. The applicant shall submit to the Public Works Department Development Services Division for review
and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
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• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs.
• identifies the entity thaf will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and '
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
Prior to final buildinq and zoninq inspections the followinq conditions shall be complied with:
` 8. Prior to issuance of certificate of occupancy, the applicant shall:
'• Demonstrafe that all structurai BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of'copies of the approved Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural '
BMPs.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Revision Na 1, Exhibit Nos: 1- 6, and as conditioned herein.
General Conditions: '
10. 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 the time of discovery.
11. That compact parking spaces shall not be permitted.
12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said information shall be specifically shown on plans submitted to the Police :
Department, Community Services Division for approval.
13. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies.
14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
15. That if an alarm system is installed, a Burglary/Robbery Alarm Permit application, Form APD 516,
shall be completed and submitted to the Police Department prior to initial alarm activation. This form
is available at the Police Department front counter.
16. That trash storage area(s) shall be 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 areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials 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 plans submitted for Public Works Department, Streets and Sanitation Division
approvaL
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17. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning'Gode"and any other applicabie City, State and
Federal xegulations: ApproVal does not include any action or findings as to compliance or approval
of the request regarding any ofher'applicable ordinance,. regulation or requirement.
18. That timing for compiiance with conditions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original -
intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BEJT FURTHER RESOLVED that the Anaheim Planning Commission does-hereby find and
determine that adoption of #his Resolution is expressly predicated upon applicant's compliance with each and
all of#he conditions hereinabove sef forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of anycourt of competentjurisdiction, then thisResolution,
and any approvals herein contained, shall be deemed null and void.
BE JT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of fhis discretionary case application within 15 days of the issuance of the final invoice or
prior to the' issuance of building permits for this project, whichever occurs first: Failure to pay aN charges'
shall result in delays in the issuance of required permits or:the revocation of the approval of this application:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of '
May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appea ocedures and may be:replaced
by a City Council Resolution in the event of an appeal. ~
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C IRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
~~ti..~-~ /~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA ) _
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 14, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this y r~ day of
Tu r.e_ , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION,
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