Resolution-PC 94-123RESOLU710N N0. PC94-123
A RESOLlJTION OF THE ANAHEIM CITY PL<1NNING COMMiSSION
7HAT PETITION FOFi CONDITIONAL USE PERMIT NO, 3715 BE GRANTE.D
WM~REAS, the Anaheim City Plenning Comm(ssion did recaive a verffied Petitlon for
Conditional Use Permit for certain real property situated In the City of Anahefm, County of Orange, utate of
California, descrfbed as:
PARCEL 1: I.OT 1 OF 7RACT NO, 1194, AS °ER MAP RECORDED IN BOOK 38, PAGES
t AND 2 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECARDER
OF SAID COUNrY.
?ARCEL 2: 7HAT PCIRTION OF "DREYFUS AND OTH~RS" L4ND, AS SHOWN ON A
MAP OF SURVEY BY WILLIAM HAMEL FILED FOR NECORD IN LOS ANGELES
COUNTY, A I:OPY OF WHICH IS SHOWN ON PAGES 163 AND FOLLOWING IN BOOK
3 ENTITLED "LOS ANGLES COUNTY MAPS", RECORDS OF SAID OFlANC°_ CI~UNTY,
DESCRI6ED AS FOLLOWS:
BEGINNING AT A STAKE IN THE INTERSECTION OF LOS ANGELES STREET AND
SOU71i S7REET, SAID STAKE BElNG 12.50 FEET SOUTHEASTERLY OF THE CENTER
LINE QF SOUTH STREET AND ?.4.50 FEET SOUTh1WESTERLY FROM THE CENTER LINE
OF LOS ANGELES STREET; THENCE SOUTHEaSTERLY 2s0.5 FEET PARALLEL WITI-I
THE CENTEfi LINE OF SAID LOS ANGELES STREET; THENCE SOUTHEASTERLY 310.86
FEET PARALLEL WITH THE CEN7ER I.INE uF SAID SOUTH STREET; TI-lENCE
NORTHWESTERLY 280.50 FCET PARALLEL ~NITH THE SAID C~NTER LINE OF LOS
A~IGELES STREET; TNENCE NOR7HEASTERLY 310.86 FEET PARALLEL WI i H THE SAID
CENTER LINE OF SOUTH STREET TO THE POINT OF CiEGINNING.
EXCEPT THAT PORI'ION THEREOF LYING WESTERLY OF A LINE PARALLEL WITH AND
ENSTERLY 68.00 FEET FROM THE EASTERLY LINE OF 7HAT ALLEY 10 FFET IN WIDTN
A~ONG THE EASTERLY LINE QF TRACT N0. 11, AS PER MAP RECORDED IN BOOK
9, PAGE 11 OF MISCELWNEOUS MAPS, IN THE G'FFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
PARCEL 3: THAT F'ORTIQN OF "DREYFUS AND OT;-iERS" IAND, AS SHOWN ON A
MAP OF SURVEY BY WILLIAM HAMEL FILED FOR RECURD IN LOS ANGEI.ES
COUNTY, A CUPY OF WHICH IS SHOWN ON PAGES 163 AND FOL.LOWING, IN BOOK
3, EN7ITL~D "LOS ANGELES COUNTY MAPS", RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION qF THE SOUTHERLY LINE OF WES7 SOUTH
STREET, AS DESCRIBED IN A DEED TO TN~ CITY OF ANAHEIM, RECORDED
DECEMBER 9, 1912 IN BOOK 224, PAGE 110 OF DEEDS WITH A LINE PARALLEL WITFI
ANQ EASTERI_Y 68,00 FEET FROM THE FASTERLY LINE OF THE t~.00 FOOT ALL~Y
SHOWN ON A MAP ~F 7RACT N0. 11, RECONDED IN BOOK 9, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE CQUNTY, CALIFORNIA; THENCE
SOUTHEFiLY ALONG 5AID PARALLEL LINE TO THE SOUTHERLY I.INE OF LAND
DESCRIBED IN THE D~ED 70 MARCELENO SOTO, RECORDED NOVEMBER 29, 1Fi87
IN BOOK 349, PAGE 85 OF DEEDS, RECORUS OF LO(i ANGI~L~S COUN'fY,
CALIFORNIA; THENCE WESTERLY'f0 THE SOU7HWESTERLY CORNEp OF SAI~ LAND
OF SOTO; THENCE NORTHEHLY ALODIG THE WESTERLY LiNE OF SAI~ LAND OF
SO'f0 THE SOUTHERLY LINE OF SAID WEST SOUTH STREET;1'HENC[ EASTERLY TO
ThiE POINT OF BEGINPJING.
CR2189MS.WP -1- PC94-123
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WHEREAS, tho City Planning Commission did hold a public hear(ng at the Civic Center
in the City of Anaheim ori September 7, 1994 at i:30 p.m., notice oF said publfc hoaring havinc~ been duly
given as required by law and in accordance with the provisfons of the Anaheim P~Aunfcipal Code, Chapter
18,03, to hear and cansider ovidence for and agafnst said proposod conditlonal use permit and to
investigate and mai<e findings and recommondations in connection therewith; and
WHEREAS, said Commisslon, aiter due inspection, invostfgation and study made by itselF
and in its behalf, and after due consideration ~f all evidence and reports offered at said hearing, doos f(nd
and determine the following facts:
1. That the prop~sed use Is properly one for which a conditional use permit is authorized by
Anahefm Munic(pal Code Sectfons 10.03.030.010, 18,44.050,060, 18.44.050.065 and 18.44.050.135 to permit
an automotive camplex contafning a car salas lot with a madular office trailer, automotive repair facilities,
and an automotivo parts retail store, with the follou~ing walvers:
(a) ecti n 1.g p4 060.~Q - Minimum oarking I t lan •a fn .
t8•06•0321~4 (Minimum 5-foot wl~g~lanters reaulred to
n 1.44,066•03Q separate everv 1~ or fewer uontiguous an rkina s~aces requfred;
none proposed)
(b) ~ections 1 d 06 050~23 - Jv.~.inimum numbar of a~rkin~~r~.
1Q,46 050~222 1 1 required;
~ a, , QQ?23 ~¢ propused and cnncurred with by the City
18r Traffic and Transportation Manager)
and 18.d4.0 • ~~
2. That waiver (a) is hereby approved an the basis that therc~ are special c(rcumstancos
appiicable to thc~ propertY consisting of location end surraundfngs, which do not apply to other idontically
zoned properties in the vicinity because tho required landscape planters between parking spaces will bo
located inside the automotive repair area ttiat is complotely screened from public view;
3. That strict application ot the Zoning Code doprives the property of privlle~es enjoyed by
other praperties under identical zoning classificaticn In the vlcinity;
4. That waiver (b, is substantfataci by a parking study that the City Traffic and Transportation
Manager has roviawed and con;:urred with, provided that tho custornor spaces are clear~y identified, and
that safd waiver is minlmal amo~nting to a deviatfon of less than 596 from the Cocfe requirsment.
5. That waiver (b) i~ herAby approved on the basis that tho parking variance will not cause
an increasa in traHic congestion tn the Immediate vicinity nor adversely aHect any adJolning land uses;
6. That tha grantinc~ of the parking variance under the conditfons imposed will not be
detrimental to the peace, health, safety or goneral wolfare of the citfzens of the City of Anaheim;
7, 7hat tho proposed automotive complex containing a car sales lot, automotive repalr
facilities and an automotive parts retall store are properly uses for which a conditional use permft is
authorized by the Zoninc~ Code, and that the proposed m~dular office traller Is not Iisted therein as being
a permitted use;
8• That tho proposod use wii! not adver~ely affect the adjoininy land uses and the growth and
development o( the area in which it is proposecl to be located, and that the proposed automotive complex
is compatible v;ith existfng commercial usos adjacent to Anaheim Boulevard;
-~- PC:94-123
~'~'
g, That tlie size and shape of the site f~r the proposed use Is adoquate to allow the full
developmont of the proposod use in a manner not detrimental to the particular area nor tA tho peace,
health, safety, and general welfare;
10. That the traffic generated by the proposed use will not impose an undue burden upon tho
streots and highways desic~ned and improved to carry tlie iraffic in the area;
11. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to tha peace, health, safety and general welfare of the citizens of the City of Anaheim; and
;2. That no one fndicated their presence at said publir, hearing in ~ppositlon; and that no
corrQSpondence was received in oppositfon to subject potition.
~Q~ IFORNIA ENVIRQNMENTAL QUALITY ACT FINDING: That the Anahe~m City Plann(ng
Ccmmissi~n has reviewed the proposal tn recla:^,sify subJect property from the CH (CommeralAl, HeAVy)
and PD-C (Parking District, Commorcial) to the CL (Commercial, Limited) Zone to perrcdt an automotive
complex containing a car sales lot wlth a modular office trailer, automotive repai~ facilities, and an
automotivo parts rAtail storo with waivers min(mum parking lot landscaping and minlmum number of
park(ng spaces on an Irregularlyshaped parcel of land consistin9 of approximately 1.79 acres, located at
the southwest corner of Sauth Street and Anahoim Boulavard, having approximate frontages of 280 feet
on the south side of South Street and 365 feet on the west side of Anaheirn F3oulevard, and further
describc~~ as 801 South Anaheirn Boulevard; and does hereby ^aprove the Negative Declaration upon
finding that the declaration reflects the Independent judgement of the load agency end that it Fias
considered tl~e Negative Declaratlon togethar with any comments received during tho public revfew
process and further finding on the basis of the Initlal study and s7y comments recelved that there Is no
substantia! ovidence that the pro(oct will have A significant effect on the envlronment.
NOW, TNEREFORE, BE IT RESOLV~D that the Anaheim City Planning Cornmission does
hereby grant subJoct Petition for Conditional Use Permit, upon the fallowinc~ conditions which are hereby
found to be a neoessary prerequlsitd to the proposed use of the subJect property in ardyr to preservo tha
safety and general welfaro af the Citizens ~f the City of Anaheim:
1. That this Conditional Use Permit is granted subject to adoption of ~ zonfng ordinance in connection
with Roclassification No. 94-95•03, now pending.
2. That the property owner shall provlde the name and telephone number of the subject property
manager to the Codo Enforcement Divisicn within thirty (30) days after approval of this subject
request; and, iurther, that the property owne~ shall report any changos to Code Enforcement if the
name and telephone numbor changes.
3. That within a period of ninety (90) days from the date of this resolution, all unpermitted signs shail
be removed from the propQrty unloss the property owner obtains sign permits for said unpermitted
signs or appUes for a separate variance to alluw such sic~n(s) whial~ currentiy do not conform with
Code roquiremerits.
4. That the customer parking spaces shall be clearly marked by signs or pavement legonds.
5. That the exfstin~ roof signs attached to the modular auto sales office sl~all be removed. Only g~
(1) wa~l sign, ~n cenformance with Code raauirements at th~ time of issuance of a sign permit, shall
be permitted on the modular auto sales office.
_3_ PC94-123
6. That the proporty owner ~tiall install and maintaln perrnanent landscaping and irrlgation, including
vines on tlie wall in tho landscape area adjacont to MacArthur Manor.
7. TFat screening of all roof-mounted equipment shall be shown on plans in conformance with Gode
roquirements. Said scr9ening shall be installod.
8. That na outdoor storago of, display af, or work on vehicles or veFdcular parts shall be p~rmltted, and
that all outdoor storage shall be removed and any existing outdoor work terminated.
9. That the existing outdoor Ilfts shall not be utilizod unless approved onalosures are installed around
said Iifts.
10. That the property uwner shall be rosponsible For the applicable inspeation foe for Code Enforcoment
Inspeotians to Investigate cornpllance with all conditions pertaining to Code reyuirementc. 5ubject
Inspection shall occur approximately n(net~y (90) days after tho date of thfs rosolution, with the exact
date to be dotermined by Code Enforcement Divlslon statf.
11. That plans shall be submitted to ttiQ City 7ral(Ic and Transportation Manager for his review and
approva! showing conformance with the latest rovisions of Engineoring Standard Plan Nos. 436 and
602 pertafnfng to parkfng standnrds and drivoway locations, Subject property shall thoreupon be
developed and maintalned in conformance with said plans.
12. That a plan sheet for sol(d waste storage and collectfon, and a plan for recyclfng shall be submitted
to tlie Department of Maintenance for review r~nd approval,
13. That an on-site trash truck turn-around area shell be provided and maintalnecJ to tliR satlsfaction of
the Uepartment of MaintonancQ. Saicl turn-around area shall be specifically shown on plana submitted
for building perm(ts.
14. 7hat landscape ptanters containing cling(ng vlnos and irrigation facilfties shall be provided and
maintained along the existing eight (8) foot high block wall and bullding oleva:lon fronting on South
Street.
15. That the petitionor shall request inspecdons of, and obtain the appropriate permits for tho existing
modular unit, in compliance with tho Uniform Duildfng Code.
16. That tho lec~al proporty owner shall be responsible fur the removal oi any on-sito graffiti with;n twonty
four (24) huury of its application.
17. That the owner of subJect propery shall submit t~ letter requos:ing term(nati~n of Varfanco No. 2662
(waiver of minimum distance between signs to construct three ireestanding sfgns) to the Zoning
Division.
t8. That sub~ect property ~hall be clev~loped substantially in accordance with plaris and specfflcatlons
submitted to the City of A.nahefm 5y the petitioner and which plans are on file wlth tho Planning
Department marked Exhibit Nos. 1 and 2.
19. That w(thin a perlaJ of ninety (90) days from the date of tliis resolut(on, Conclition Nos. 2, 3, a, 5, 6,
7, 8, 11, 12, 13, 14, 15, 17 and 18, above-mentioned, shall be completed.
20. That approval of this appl(cation constitutes approval of the proposed request only to the extent that
it complies with the Anahefm Mun(cipa! Zonfng Code and any otlier appifcable City, State and ~ederal
regulations. Appruval does not include any action or flndings as to compliance or approval of the
request rogarding any other applicable ordinance, regulatfon or requirement.
.q. PC94•123
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B[ IT FURTFIER RESOLVED ihat tho Anaholm City Planning Commisslon duos hereby find
and dotormine th~t adoption ot this Resolutinn is axprassly predfcated uRon applicant's complianco with
eac;i ~nd al~ of the cnndition~ horeinnbove set torth. St~ouid Any such condltlon, or any part thereof, be
deolArec! irn~alid or unanforceable by the flnal ~udgmont o( t+ny court uf compstent ~urisdiction, thon tlils
Resolution, and any approvals heroin contained, shall be deemed null and vold.
1'HE FOREGUING I~ESOLUTION was adopted at the Planning Cammission meeting ot
Septomber ', 199ti. ,
/7 ~'~'"
.~~ .~~t-~L,~ JJ /~~ CG~iUC~I..
-~•-_~
CHAIRW MAN ANAHEIM CIT PLANNING COMMISSION
ATTEST:
~ ' ~' 1
.~ ETARY, ANAIiE ITY PLANNlNG C~MMISSION
~~
STATE OF CALIFOFiNIA )
CUUNTY OF O~ANGE ) ss.
~iTY ~F ANAHEIM )
I, Janet L. Jonsen, Secretary ot the Anunoim C~ty Planrnnfl Commisslon, do hereby certify
that the loregoing rosalution was passed Rnd adopted at a meoting ot the Anaheim City Plarn~ing
Commission held on ~eptember 7, 1994, by thP tallowing vole ot the members thereot:
AYES: COMMI5510NEFIS: BOYDSTUN, CALDWELI., kENNINGER, MAYcR, PERAZA, TAIT
NOES: COMMISSIUNERS: NONE
ADSENT: COMMISSIO~i~RS: h1ESSE
IN WITNESS WH[P.EOF, I have hercunto set my hand this „~~~ dey oi
'k J~ O n~~ 19J4.
.~ro.~
CREfARY, ANAHE CiTY PL~NNING COMMISSIAN
i .
L~
.~. Pt~9d-i23