Resolution-PC 2004-12! ~
RESOLUTION NO. PC2004-12
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04808 BE GRANTED
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 1 AS PER MAP RECORDED IN BOOK 111 PAGES 45 OF PARCEL MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 26, 2004 at 3:00 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:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.070 to wit: to retain an automobile audio installation facility with
accessory retail sales and waiver of the following:
Sections 18.06.050.020.022 - Minimum number of qarkinq spaces.
18.06.050.020.022.0222 (64 spaces required;
18.06.050.020.025.0259.02591 58 spaces existing and proposed, and concurred with by
18.06.080 the City Traffic and Transportation Manager)
and 18.61.066.050
2. That the parking waiver will not, under the conditions imposed, cause fewer off-street parking
spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all
vehicles attributable to the use under the normal and reasonable foreseeable conditions of operation of the use;
and that this automobile audio system installation business with accessory retail sales does not generate a
parking demand typical of other retail service businesses as shown by the parking letter submitted by the
petitioner which indicates that the peak on-site demand for this specific business is only four spaces which is
substantially lower than the 22 spaces required by Code.
3. That the parking waiver will not, under the conditions imposed, increase the demand or
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because its
parking lot has more than adequate parking to accommodate the installation facility's peak parking demand, as
indicated in the parking analysis.
4. That the parking waiver will not, under the conditions imposed, increase the demand or
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use
because the project parking lot is physically separated from other adjacent development and there is no reason
to encroach into other parking facilities because the projecYs parking lot provides ample parking.
5. That the parking waiver will not, under the conditions imposed, increase traffic congestion within
the off-street parking areas or lots provided for the proposed use because only 18% of the available parking
spaces are anticipated to be occupied during the peak parking demand period.
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6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because
this automobile audio system installation facility is physically separated from other private properties.
7. 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 located because the site is surrounded by
other compatible businesses and all activity occurs entirely inside the building.
8. 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.
9. 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.
10. That granting this conditional use permit will not, under the conditions imposed, be detrimental
to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to retain an automobile audio installation facility with accessory retail
sales and waiver of minimum number of parking spaces on a rectangularly-shaped 0.88-acre property, having a
frontage of 204 feet on the south side of Ball Road and a maximum depth of 179 feet, being located 220 feet
east of the centerline of Allec Street, and further described as 618 East Ball Road (Audioland); 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, 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:
Proposed Condition No. 1 was intentionally deleted at the January 26, 2004 public hearing.
2. That the owner/petitioner shall obtain permits for the wall signs on the north and west elevations; and that
the sign on the north elevation shall be reduced in size to comply with the Code requirement. Said
information shall be specifically shown on plans submitted to the Zoning Division for review and approval.
3. That an additional four (4), minimum twenty four inch (24") box sized or eight (8) to ten (10) foot brown
trunk height (BTH), palm trees shall be installed in the existing landscaped area along Ball Road.
4. That the northerly bay door on the west elevation shall not be used for access to the installation/storage
portion of the facility because the area in front of the door is striped for required parking.
5. That a valid business license shall be obtained from the City of Anaheim Business License Division.
6. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage.
7. That the trash storage area shall be refurbished with installation of gates and painted to comply with
approved plans on file with the Public Works Department.
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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 time of occurrence.
9. 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.
10. That customer parking spaces shall be striped and clearly marked "customer parking only," and at no time
shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to, the
buildings.
11. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the
roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall
be specifically shown on plans submitted to the Police Department, Community Services Division, for
review and approval.
12. That no vehicle dismantling shall be permitted on the premises.
13. That no amplified sound systems shall be utilized outside the building.
14. That the hours of operation shall be limited to 10 a.m. to 7 p.m., Monday through Saturday, and 10 a.m. to
5 p.m. on Sunday.
15. That a maximum of six (6) employees (including the business owners) shall be allowed on site at any time.
16. 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
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences. Said information shall be specifically shown on plans submitted to the
Police Department, Community Services Division, for review and approval.
17. That subject property shall be developed and maintained 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 6, and as conditioned herein.
18. That an Emergency Listing Card, Form APD-281, shall be completed and filed with the Police Department.
19. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all work
on vehicles shall be confined entirely to the interior of the building. Absolutely no vehicle body work,
painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be
allowed in the front or rear yard areas or on the roof of the building.
20. That the property owner shall submit a letter to the Zoning Division requesting termination of the following:
Conditional Use Permit No. 2246 (permitting the retail sale of automobile parts in the ML (Limited
Industrial) Zone),
Conditional Use Permit No. 2858 (to retain an auto repair facility at 618 East Ball Road), and
Conditional Use Permit No. 3476 (permitting the sales of motorcycles in conjunction with an existing
motorcycle repair facility with waivers of minimum number of parking spaces and permitted
encroachments into required yards).
21. That no special events shall be permitted.
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22. That within sixty (60) days from the date of this resolution, Condition Nos. 2, 3, 5, 7, 10, 11, 16, 17, 18 and
20, above-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.
23. 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 unless conditions to the contrary are expressly imposed
upon approval of the parking waiver by the Planning Commission, the granting of said waiver shall be deemed
contingent upon operation of the approved use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the parking demand study that formed the basis for approval of the
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in
the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver
which shall subject this conditional use permit to termination or modification pursuant to the provisions of
Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances -
Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) of
the Anaheim Municipal Code.
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 the Planning Commission meeting of
January 26, 2004.
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HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOffS*ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 January 26, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~
2004. . ~ ~ /> „ ,
NI~R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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