Resolution-PC 98-59RESOLUTION NO. PC98-59
A RESOLUTIO~i OF THE ANAHEIN~ CITY PLANNING COMMISSION
THAT PETITION FGR CONDITIONAL USE PERMIT NO. 4017 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Cit~r of Anaheim, County of Orange, State
of C~3lifornia, described as:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 18, PAGE 17 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RE~ORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 13, 1998 at 1:30 p.m., notice of said public hearing having been duly
~iven 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 18.44.050.060 to permit a 22,300 sq. ft. expansion of an
existing automobiie sales lot display area with vraiver of the following:
Secti~ns 18.44.063.010 - Minimum landscaaed setback and minimum
and 18.04.060.013 number of street trees adiacent to an arterial hiqhwav.
(10-Foot setback with 13 trees required adjacent to Lincoln Avenue and
Euciid Street; 4-foot setback with no trees proposed)
2. That subject property contains a vacant service station in the CL (Commercial,
Limited) zone.
3. That the proposed automobile sales area will expand the existing dealership
(Anaheim Chevrolet) located on adjacent and nearby properties and developed under Conditional Use
Permit Nos. 3988 and 1447 (111 and 215 South Euclid Street).
3. That the requested waiver is hereby approved, in part, denying the minimum
landscaped setback proposal (4 feet proposed, 10 feet required} and approving the minimum number of
trees required adjacent to Euclid Street (none proposed in 10-foot setback, 13 required).
4. That there is a special circumstance applicable to the property consisting of its
size, which does not appiy to other identically zoned properties in the vicinity, because 43 trees will be
provided elsewhere on this relatively small parcel thereby meeting the intent of the Code for trees in the
landscaped setback adjacent to public streets.
5. That strict applicaiion of the Zoning Code deprives the property of privileges
enjoyed by other properties under identical zoning classification in the viciniiy.
6. That the proposed use will not adversely affect the adjoining land uses and the
c~rowth and development of the area in which it is proposed to be located.
CR3254PL.L~OC -1- PC98-59
7. That the size and shape of the site for the proposed use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and generai welfare.
8. 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.
9. That granting of this conditional use permit, under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of 4he citizens of the City of Anaheim.
10. That no one indicated iheir presence at the public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Tf~at the Anaheim City
Planning Commission has reviewed the proposal to permit a 22,300 sq. ft. expansion of an existing
automobile sales lot display area located on adjacent and nearby properties (Anaheim Chevrolet) with
waiver of minimum landscaped setback and minimum number of street trees adjacent to an arterial
highway on a 0.38-acre parcel located at the southwest comer of Lincoin Avenue and Euclid Street and
ha~ing frontages of 130 feet on the west side of Euclid Street and 130 feet on the south side of Lincoin
Avenue (101 South Euclid Street); and does hereby approve the Negative Deciaration upon finding that
the declaration reflects the independent judgement 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 ihere is no substantiai 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, in part, upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed us~ of the subject property in
order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
CONDITiONS
1. That a minimum twenty two (22) foot wide landscaped and irrigated planter shall be installed
along the entire frontage of the property along Euclid Street and Lincoln Avenue. Suhject
landscaped planter shall be reduced to ten (10) feet upon completion of expansion of the Critical
Intersection. A total of thirteen (13), minimum fifteen (15) gallon sized, trees shali be planted on
the property to offset the thirteen (13) trees otherwise required by Coda in the front setback alony
Euclid Street and Lincoln Avenue.
2. That a landscaping and irrigation plan shall be submitted to the Zoning Division for review and
approval. Following approval, said improvements shall be installed. Any decisio~i made by the
Zoning Division regarding said plan may be appealed to the Planning Commission and/or City
Council.
3. That this conditional use permit shail operate only in conjunction with the existing adjacent
automobile dealership at 111 and 21 F South Euclid Streei. At no time shall the automobile sales
lot on this properiy operate independently from the adjacent deaiership.
4. That any proposed bollards shali be located behind the twenty two (22) foot wide landscaped
planter. A plan specifying the locatian and design of the bollards shali be submitted to the
Zoning Division for review and approval.
5. That the maximum number of freestanding signs for this entire automobile sales and seivice
business (subject property and 111 and 215 South Euclid Street) shall be limited to three (3).
Should any other freestanding sign be proposed on this property, one (i) of ih~ three (3) existing
freestanding signs on the property to the south shall be removed. Further, all signs for this
property shall be reviewed and approved by the Planning Commission as a"Reports and
Recommendations" item.
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6. That the owner of the subject property shall submit a letter requesting termination of Variance
No. 2279 (waivers of maximum number of free-standing signs and minimum height of a free-
standing sign) to the Zoning Division.
7. That the two (2) existing d~iveways on Lincoin Avenue and the most noRherly driveway on Euclid
Street sliall be removed and replaced with full curb, gutter, sidewalEc and landscaping, as
required by the Public Works Department.
8. 7hat the petitioner shall submit a lighting plan to 4he Zoning Division for the review and approval
of the Plann?ng Commission as a"Reports and Recommendations" item.
9. That subject propeRy shall be developed substantially in conformance with plans and
specifications submitted to the City of Anaheim by ttie petitioner and which plans are on filo ~vith
the Planning Department marked Exhibit No. 1, and as conditioned herein.
10. That prior to commencement of the activity auihorized by this resolution or within a period of one
(1) year from the date of this resolution, Condition Nos. 1, 2, 4, 5, 6, 7, 8 and 9,
above-mentioned, shail be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipai Code and any other applicable City, State, and
Federal regulations. Approvai does no: include any action or findings as to compliance or
approvai of the request regarding any other applicable ordinance, regulation, or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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 eemed null and ~oid.
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THE FdREGOING RESOLUTION was adopted at the Pla~ng'Commission meeting oE
April 13, 1998. , ;
, .,
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CHAIRPEFiS~N, RO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~~ ~'~~
SECRETA , ANAHEIM CITY PU~NNING C~MMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 13, 1998, by the foliowing vote of the members the~eof:
AYES: COMMISSIONERS: BQYDSTUN, BRISTOL, HENNINGER, NAPCLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SOSTWICK
VACANCY: ONE SEAT VACA~lT
y IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
_'0 ~, 1998.
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SECRETARY, NAHEIM CITY PLANNING COMMISSION
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