Resolution-PC 2007-50~ .
RESOLUTION NO. PC2007-50
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION _
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT IN PART TO CERTAW
CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2003-04800
AND AMENDING RESOLUTION NO. 2006R-26
(TRACKING NO. CUP2007-05199)
(200 NORTH VIA CORTEZ)
WHEREAS, on February 10, 2004; the Anaheim City Council did, by its Resolution Na 2006R-
26, granted Conditional Use Permit No. 2003-04800 in part, to construct an automotive sales dealership with
accessory roof-mounted equipment with a maximum structural height of 32 feet; and included the following
condition:
'"8. That the petitioner shall submit a Final Site 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 Cify Council. Said information shall be specifically shown on
the plans submitted for building permits"
WHEREAS, the property is developed with an automobile sales dealership and is within the
C-G (General Commercial) Zone. The Anaheim General Plan designates this property for General
Commercial land uses; and is situated in the City of Anaheim, Countyof Orange, State of California,
described as
PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225,
PAGES 20 THROUGH 22, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and '
WHEREAS, the applicant has requested an amendment to this conditional use permit to
modify exhibits and conditions of approval for a previously approved automobile sales dealership, to permit
additional signs, modify the elevations and construct canopies and an outdoor vacuum facility;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on April 30, 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 that said public hearing was continued to the May 30,
2007, Planning Commission meeting; 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 request to modify exhibits and conditions of approval for a previously approved
automobile sales dealership, to permit additional signs, modify the elevations and construct canopies and an
outdoor vacuum facility is properly one for which a conditional use permit is authorized by Section
18.60.190.030 of the Zoning Code with waivers of the following provisions:
(a) SECTION NO. 18.08.060.010.0101 Minimum landscaqe setback
10 feet required; 5 feet proposed)
(b) SECTION NO. 18.18.090.010.0101 Minimum structural setback
Withdrawn bv applicant
(c) SECTION NO. 18.18'090.050.0501 Maximum number of wall siqns
_ Withdrawn bv aqplicant
CR\PC2007-50 -1- PC2007-50
•
i
(d) SECTION NO. 18.44.110.010. : Maximum number, tvpe and size of
sians (72 square feet permitted for
window signs;720 square feet proposed)
2. That the requested waiver (a) is hereby approved because aithough the property abuts a
single-family zone, the area immediately adjacent to the landscape setback waiver is developed with a
twenty foot wide easement and a soundwall. This property is unique because of this situation and the :
reduction is setback would be minimally perceptible to the single-family residences to the south because of
the significant height of the soundwalL
3. That waivers (b) and (c) are hereby denied because they have been withdrawn by the
applicant.
4. That the requested waiver (d) is hereby approved, to allow 4 window signs on the north
elevation of the vehiclepreparation building, providing an artistic enhancement to a blank building wall
without text imagery. The images shall be of vehicles and not contain any advertising of promotional pricing,
sales, dates, or events and would be consistent with other types of vehicle display permitted on the property.
5. That the modification to Condition No. 8 to allow the relocation of the Mercedes-Benz logo
from the showroom building to the vehicle preparation building and the request to amend the building
elevations for the vehicle preparation building to allow display windows are, approved: The previously .
approved sign waiver permits the sign and this request relocates the sign to another building within the same
development. The windows on the north elevation of the vehicle preparation building serve the same
purpose as windows that would open into a showroom to showcase the vehicles for sale. The windows are
designed to complement the architecture of the existing and enhance the elevation.
6. That the traffic generated by the proposed use will not, under the conditions imposed, impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the
site is Jocated within an industrial area at the intersection of two arterial highways. The proposed
modifications would not generate any additional trips and therefore, would not create an increased demand
on the streets and highways in the vicinity; and
7. That no one indicated their presence at said public hearing in opposition; and that a
letter was received from the Anaheim Hills Citizens' Coalition with concerns regarding the request. A
person indicated thaf some of their previous concerns raised at the last public hearing have been
resolved, and further relayed issues regarding the waiver of landscape setback and some lighting
issues that still need to be fully resolved.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit additional signs, modify the elevations and construct
canopies and an outdoor vacuum facility and does hereby find that the Mitigated Negative Declaration
previously-approved in connection with Conditional Use Permit No. 2003-04800 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgement 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 the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the
reasons hereinabove stated does hereby approve in part, the request to modify exhibits and conditions of
approval for a previously approved automobile sales dealership to modify the elevations to permit a wall sign
on the vehicle preparation building.
PC2007-50
~
~
BE IT FURTHER RESOLVED that theAnaheim Cityplanning Commission does hereby
amend the conditions of approval in Resolution No. 2004R-26 pertaining to Conditional Use Permit Na
2003-04800 in their entirety to read as follows:
Bold denotes modified or new condition.
~~~~ denotes condition has been met since previous approval and/or is not required with this
approvaL
~f a buildinq permit or within a period of one (1) vear from #he date ofthis
--- - ---- re__a ~~~~_ e_n~...:.~..'........~I:a:....~ c~h.~ll he n.~rnr~l~nr~l w~~h• . . ~. ..
1. That the property owner/developer shall be responsible for compliance with all the mitigation
measures set forth in Mitigation MonitoringPlan Na 122 created specifically for this project,
and for complying with the rrionitoring 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 Na 122, which are made a part of these conditions of approval by
reference. :
2. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and
approval. 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 submifted for building permits.
3. That trash storage areas shall be provided and maintained in locations 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 from adjacent streets or highways. The walls of
the storage areas shall be protected from graffiti opportunities by the use of plants such as
minimum one 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.
4. 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
5. 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.
6. 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.
7. 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:
-3- PC2007=50
•
~
8. That a Final Landscape and Fencing Plan for the entire site specifying type size and location
of proposed iandscaping irrigation and fencing shall be submitted to the 2oning 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.
9. That because this project has landscaping areas exceeding two thousand five hundred (2500)
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 #he plans submitted for building permits.
10. 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.
11. 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.
12. 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 approved plans.
13. (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.
14. 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.
15. 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
16. 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 281with
the Anaheim Police Department.
Prior to issuance of aradinq permit or within a period of one (1) vear whichever occurs first, the
followinq conditions shall be complied with:
17. 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.
18. 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.
-4- PC2007-50
•
~
19. That any lighting adjacent to the south property line shall be arranged and directed so as to ,
xeflect the light away from the adjoining residential properties and shall not exceed a height of
twelve (12) feet; provided, however, that the lighting adjacent to the freeway may be increased
to a height not to 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.
20. 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.
21. 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.
Prior to final buildinp and zoninq inspections the followinq conditions shall be complied with:
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 Cortezto 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.
General Conditions:
23. That all lighting on the dealership site shall be reduced to minimize impacts to adjacent
residents to the greatest extent possible. At 8:30 p.m. lighting along the residential
boundary shall be reduced and lighting illuminating the showroom and vehicle
preparation building shall be eliminated on the south elevations. The applicant shall
submit a lighting plan and work with the Planning Services Division to modify light
poles as deemed necessary by staff to shield the light source and/or shield the light
fixture to eliminate glare and obtrusion into the adjacent single-family homes. If
deemed necessary, a photometric plan shall be submitted. Any decision of Planning
Services Division may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
24. That timing for compliance 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
structure.
25. That the four signs on the north side of the vehicle preparation building shall be limited
to high quality graphics depicting images of Mercedes-Benz vehicles only. No text of
any kind shall be permitted on the signs. No advertising of sales, promotions, or any
other form of advertising is permitted on these signs.
26. That no required parking area shall be fenced or otherwise enclosed for storage or other
outdoor use.
27. 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
-5- PC2007-50
~ ~
uses. Any decision madeby the Zoning Division regarding such an event may be appealed to
the Planning Commission or City Council as a Reports and Recommendations item.
28. That only light vehicle preparation shall be permitted and that no repair or maintenance work
shall be permitted.
29. 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 residentiafstreets.and the plan shall be implemented
continuously during the course of the operations permitted under this Conditional Use Permit.
30. . 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).
31. That the property shall be permanently maintained in an orderly fashion through the provision
of regular landscaping maintenance removal of trash or debris and xemoval of graffiti within
twenty four 24 hours from time of occurrence.
32. ' 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.
33. That the water backflow equipment shall be above ground and located outside the required
street setback area and Yully 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
34. That the accessory car wash building shall comply with all state laws and local ordinances for
Water Conservation Measures.
35. 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.
36. 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.
37. 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 Publia
Utilities Water Engineering Division for review and approval. The master plan shall
demonstrate the adequacy of the proposed on-site water system to meet the projecYs water
demands and fire protection requirements.
38. 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.6of the Water Utility Rates Rules and Regulations.
39. 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 e8sement shall be
submitted to the City of Anaheim prior to connection of electrical service.
_6_ PC2007-50
• ~
40. That the daily hours of operation shall be limited to 7 a.m. to 9 p.m. as stipulated by the
petitioner. ,
41. That no loud speakers shall be permitted:
42. That no off-site signage shall be permitted.
43. 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 through 10 and Revision 1, of Exhibit
No.1, and as conditioned herein including that the maximum structural height shaA be thirty
two (32) feet.
44. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal 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 ordinance, regulation or requirement.
45. This condition of approval was deleted at today's public hearing.
46. That the Mercedes-Benz star logo sign on the east elevation of the vehicle preparation
building shall be relocated southerly to the stucco area of the wall between the two roll-
up doors.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No. 2006R-26
shall remain in full force and effect.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this 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 all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
-7- PC2007-50
• ~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal proced,ures and may b laced by a Ci Council
Resolution in the event of an appeaL _
~
_ ~= =---'~.li~
HAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
r~i~..«.e,~,.~.- /~y~~'1~~.0
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 30, 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 ~ 2T~' day of
~~u v~ G. , 2007.
/~
SENIOR SECRE7ARY; ANAHEIM PLANNING COMMISSION