Resolution-PC 96-126~ ~
RESOLU710N NO. PC96-126
A RESOLUTION OF THE ANAHEIM ClTY PLP.NNINu COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION N0. 90R-452 ACOPTED IN CQNNECTION WITH
CONDITIONAL USE PERMI i N0. 3345
WHEREAS, on December 18, 1990, the Ctty Council adopted Resolution No. 90R-452 ~n
connection wfth Cor.dftional Use Permft No. 3345 to permft a truck safes/Ieasing and repair facility wfth
waiver of minimum number of parking spaces;
WHEREAS, said resolution indudes a conditian of approval (No. 1) specifying that the use
shall be permitteci for a period of frve yeai~s, to expire on November 5, 1995, based on tesiimony at the
November 1990 Planning Commission and December 1990 Ciry Council publ(c hearings that subject faciliry
was a temporary use that would be eliminated by the I-F/Santa Arta Preeway widening project arxi the
creatfon of a new freeway frontage road, Anaheim Way.
WHEREAS, subject property is currenUy deve!oped with a 19,889 sq.ft. tni~k sales/leasing arxi
repair faciliry (consisting of a 7,430 sq.ft. service bu(Id(ng and a 12,459 sq.ft. warehouse/sates office building)
(Los Angeles Freightliner) In the ML (Llmited Industrial) Z~ne; and
WHEREAS, the Anaheim Ger~eral Plan dASlgn~tes subject property for Buslness
Offlce/Service/Industrlal land uses and that a comprahensNe planning study encompassing the entlre
Stadium Area is curcenUy underway, including preparaticn of a master envlronmental Impact report arsd a
master land use plans; and
WHE~EAS, most of the subJect property Is left intact by the flnal alignr*mem of the I-5/Santa
Ana Freeway widening proJect, including the new Anahelm Way (a freeway frontage road) although an
adjacent parcel of land to the west ot 3ubject property is be(ng obtained (n exchange for a portlon tu the
south wh(ch was dedlcated to Caltrans.
WHEREAS, the petftioner requests, under authority of Code Sectlon 18.03.0~1, to amend
Condftional Use PermR No. 3345 pertainfng to (I) the 5-year time Ilmitatlon to retaln the exlsting truck
sales/leas(ng and repair facility, (Il) approval of revlsed exhibfts, and (ifI) a~.~roval of the fdlowing two new ~
waNsrs: _
(a) ,~grtlon 18.61.~63.011 - Mlnimum structuraf setback ~Ja~Pnt to an arterfal hlahwav.
(50 feet requlred from Katella Avenue; 10 feet for a chain Ilnk
fence proposed)
~b) Sar:tton 18.61.063.012 - Mln!mum structural setback adla~Pnt to a orouosed freewav
frontaae road.
2 f t requlred from Anaheim Way; 10 feet for a chaln link fence
proposed)
WHEREAS, some of the requested modtf(cations to the originally approved exhfbfts are due
to the most recent plans for the I-5/Santa Ana Freeway widening arxl subsequent alignment of Anaheim
1Nay; and that said modfficatlons consist of the fdlowing:
(I) The shape an:i size of the property ls changing because Caltrans Is acquiring a portlon of the property
and, in tum, the property owner is obtaining additlonal properry from Caltrans;
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(ii) The property will have frontage on both Katella Avenue and the new Anaheim Way which will be
adjacent to the future elevated I-5/Santa Ana Freeway (the property cunenUy has frontage only on
Katelta Avenue);'
(ifi) The existing 7,430 sq.ft. repair building w(II be demd(shed and replaced with a new 8,46q sq.ft. repair
b~ilding because the existtng building is located on the portion of property being acqu(red by Caltrans
(the new build(ng will be on the new portion being acquired by the property owner); and
(iv) i he number of parkfng spaces will increase from 53 spaces (48% of the Code requiremant) to 64
space~ (67% of the Code requirement) for the truck sales and repa(r facilfty.
WHEREAS, the City Planning Commission did hold a pubtic hearing at the Civic Ceriter
in the Cfty of Anaheim on December 9, 1996, at 1:3a p.r~i., notice of saFJ publ(c hea~ing having been duly
gNen as required by law and fn accorcianca with the provisfons of the Anaheim Munic(pal Code, Chapter
18.03, to hear and consider evidence for and against sakl proposed amendment and to (nvestigate ar~d
make findfngs arxi recommendations in connectfon thereveith; ar~d
WHEREAS, sa(d Comm(sslon, after due inspection, investigation and study made by ftself
and In its behalf, and after due consideratfon of all svldence and reports offered at sa(d hearing, does Nnd
and determine the fdlowing facts:
1. That there are specfal clrcumstances appi?cable to the property such as sfae shape,
topography, location or surroundfngs, which do not apply to other identically zoned pTOperties in the
vicinity;
2. Tha.t strict application of the Zoning Code deprNes the property of privileges enJoyed by
other properties urxier klentical zoning classt~cation in the vicinity;
3. That, in accordance wfth Section 18.03.092.060 of the Anaheim Munic(pal C;xie, modiffcat(on,
including the fmposition of an additional conditfon, is reasonably necessary to protect the public peace,
health, safety or general welfare, or necessary to permft roasonable operatfon under the conditfoE~a! use
permft as o~iginally granted; and
4. That no one indicated their presence at sald public hearing in opposftion; and that no
correspondence was received in opposftion to the subject petRion.
CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Plann(ng
Comm(ssion has revlewed the proposal and does horeby ftnd that the Negative Dedaration prev(ously
apprnved in con~ectton with Conditional Use Permit No. 3345 is adequate to serve as the reguired
environmental documentation iro connection wRh this request upon finding that the declaration reflects the
(ndependeM judgemeM of the lead agency and that ft has considered the previously approved Negat(ve
Declar2t(on together wfth any comments receNed du~ing the public review process and further finding on
the basis of the initial study arxl any comments received that there fs no substantial evidence that the
project will have a slgnificant effect on the enviionn~~~t.
NOW THEREFORE BE IT RESOWED that the Anahefm Ciry Planning Commisslon does hereby
amend Resolution No. 90R-452, adopted in connection wfth Conditional Use Permit No. 3345, as fdlows:
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(i) Approve the following two new waivers:
~a~ ga.-rinn 18 61.063.011 - Minimum structur~l ~°r~:.ck adlacent to an arterial hfahwav.
(50 feet required from Katella Avenue; 1~ feet for a chain I(nk
fence proposed)
~b~ ~wr.tinn 18.61.063.012 - Minimum structural setback adiacent to a ororx~sed fteewav
frontaae road.
2 f t required ftom Anaheim Way [a nsw fteeway frontage
road resulting ftom the widening of the I-5/Santa Ana Freeway];
1~ feet for a chain link fence proposed)
(ii) Amand Condftion Nos. 1 and 15 as fdlows:
'1. That this use shall be permftted for a periai of five (5) years, to expire on December 9, 2001.
15. That p~ior to commencement of the activity herein approved or prior to issuance of bu(Iding
permft, whichever occurs flrst, subJect property shall be developed substantialfy in accordance
with plans and spect~cations submitted to the Ctry of Maheim by the petftioner arxi which plans
are on file wfth the Planning Department marked Revision No. 1 of Exhibft No. 1, and Exhibit
Nos. 3 and 4.'
(iii} Add the fdlowing three new condftions:
"1g. That prior to commencement of the actNiry herein approved cr prior ta issuancQ of a b~~ilding
permR, whichever occurs flrst, an unsubordinated covenant shall be prepared by the Citj~
Attomey's Office and shall be signed by the property c-wner and the lessee, and recorded
against the property indicating that ~ond(tional Use PermR No. 3345 was approved for a
temporary use (to retain an existfng truck sales/Ieasing and repair faciliry with waivers of
minimum structural setback adjacent to an arterfal highway arxi minimum structural setback
adjacent to a freeway frontage road) and that said condftional use permft shall expire on
December 9, 2001.
20. That priar to commencement of the activity herein approved or prior to issuance of a buflding
permft, whichever occurs flrst, the applicant shall submft a flnal landscape plan showing the area
between Anaheim Way and the buElding fully landscaped with minimum twenry (20) foot high
palm trees clustered around the wall sign to the Zoning DNision of the Planning Department for
~eview and approval by the Planning Commission as a Reports and Recommendations ftem.
21. That prior t~ commencement of the actNiry herein approved or prior to issuanc~e of a building
peRnft, whichever occurs flrst, the existing thtrty Me (35) foot high pole sign sF,all be removed
and, ff replaced, may only be replaced wfth a maximum efght (8) foot hiflh monument sign noi
exceeding ane hundred (100) sq.f.t in area. My signage proposed for subject property shall
first be reviewed and approveci by the Planning Commission as a Reports end
Recommer-dations ftem.'
THE FOREGOING RESOLUTION was adopted~lanr~ng Commission meeting of
December 9, 1996. ~/
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CHAIRMAN, ANAHEIM CI PIANNING COMMISSION
ATTEST.
SECRETARY, AHEIM CITY PUWNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY UF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certffy
Commission held on Decembe 9S 1996, by the fol owi g vote of theimembe sethereof im City Planning .
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, FiENNINGER, MAYER, MESSE, PERAZA
NOES: COMMISSfONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I ha~ie hereunto set my hand this u/ day of ~~ ~~/I~U~~~
1997. ~ ' `'~
SECREf RY, A HEIM CITY PLANNING COMMISSION
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PC96-126
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