Resolution-PC 2007-60a ~
RESOLUTION NO. PC2007-60
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05211 BE GRANTED
(5410 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permitfor certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE; STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL
MAPS,JN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY. '
EXCEPT ALL WATER, CLAIMS OR RIGHTS TO WATER; JN OR UNDER SAID LAND.
PARCEL 2: '
AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 20.00 FEET OF
PARCEL 2, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62,
PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
PARCEL 3: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
PARCEL 2 IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62,
PAGE 7 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 7 OF PARCEL MAPS,
IN 7HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH
0°03'29" EAST, 528.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 0°03'21" EAST, 41.42 FEET; THENCE SOUTH 89°52'31"WEST
41.42 FEET; THENCE NORTH 44°55'05" EAST, 58.60 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 4:
THE PORTION OF LOT 4 OF TRACT NO. 925, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP THEREOF, RECORDED IN BOOK 29, PAGES 42 THRU 44 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AND THAT
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 24, PAGE 8 OF PARCEL MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRI6ED AS FOLLOWS:
AN EASEMENT FOR INGRESS AND EGRESS PURPOSES OVER A STRIP OF LAND
20.00 FEET WIDE, THE WESTERLY LINE OF SAID STRIP BEING A LINE PARALLEL
WITH AND DISTANT WESTERLY 120.00 FEET, AS MEASURED AT RIGHT ANGLES
FROM THE EAST LINE OF SAID LOT 4, SAID PARALLEL LINE TO TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF SAID PARCEL 2; AS SHOWN ON SAtD
PARCEL MAP; THE NORTHERLY LINE O SAID STRIP BEING THE SOUTHERLY
LINE OF LA PALMA AVENUE AS DESCRIBED IN PARCEL NO. 140.01 OF DEED TO
THE COUNTY OF ORANGE, RECORDED SEPTEMBER 20, 1967 IN BOOK 8378,
PAGE 737 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 11, 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 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 this request to permit an automotive dealership in an existing industrial building is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.120.070.050.0544 (Vehicle sales agencies and lots) with waiver of the following:
SECTION NO. 18.120.070.090.0902(a) Minimum buildinq and landscape setbacks
abuttinq a street (50 feet required; 20 feet
proposed to display area and 37 feet
proposed to building)
2. That the waiver pertaining to minimum building and landscape setbacks is hereby approved
because there are two other automobile dealerships in the immediate vicinity which also enjoy reduced
setbacks for the display of vehicles. The encroachment of the building into the street setback is appropriate
for this location to aliow for the display of vehicles for sale and there are otherbuildings in the vicinity with
setbacks that are less than code requirements. Denial of this waiver would deprive this property of a
privilege enjoyed by other properties with the same zoning in the vicinity.
3. 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
and there are other similar fand uses in the vicinity.
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit an automotive dealership in an existing industrial building ;
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 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildina permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followina conditions shall be complied with:
1. That within 90 days from the date of approval of this project the developer shall pay a traffic and
transportation improvement fee to the City of Anaheim, Traffic Engineering Division, in an amount
established by the City Council Ordinance/Resolution.
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2. That unless proof of exemption is submitted in compliance with City Council Resolution no. 89R-440,
prior to the issuance of a building permit,#he appropriate major thoroughfare and bridge fee shall be
paid to the City of Anaheim in an amount specified in the Major Thoroughfare and Bridge Fee Program
for the Foothill/Eastern Transportation Corridor, as established by City Council resolution.
3. That within 90 days from the date of approval of this project, a traffic signal assessment fee equaling
the difference between the industrial and commercial assessment fees shall be paid to the City of
Anaheim in an amount as established by City Council.
4. The abandonment of existing easements in conflict with proposed buildings is required.
5. That final plans for the three display pads shall be submitted to the Planning Services Division for
review and approval. Any decision by the Planning Division may be appealed to the Planning
Commission as a Reports and Recommendations item.
6. That final sign plans, including window signs shall be submitted to the Planning Services Division for
review and approvaL Any decision by thePlanning bivision may be appealed to the Planning
Commission as a Reports and Recommendations item.
Prior to final buildinq and zoninq inspections the followina conditions shall be complied with:
7. That subject property shall be devefoped 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 Exhibit Nos. 1 through 9, and as conditioned herein:
8. That rooftop address numbers for the police helicopter shall be painted on the roof with a minimum
size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches
thick and the numbers should be spaces 12 -18 inches apart, painted in a contrasting color to the roof
materiaL
9. That an Emergency Listing Card, Form APD-281 shall be filed with the Police Department, available at
the Police Department front counter.
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. 7hat gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to
the Engineering Standard Plan No. 475 and shall be subject to he review and approval of the City
Traffic and Transportation Manager prior to the issuance of a building permit.
12. 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
development.
13. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
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PC2007-60
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14. 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.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and '
afl 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - GeneraP' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
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CHAIRMAN, NAHEIM PLANNING COMMISSION
ATTEST:
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 June 11, 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 ~'~ day of
~~c~ r~ ~ , 2007.
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SENIOR SECRETARY, ANAHEIM. PLANNING COMMISSION
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