Resolution-PC 99-187RESOLUTION NO. (~C99-187
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PE i ITION FOR C~JNDITIQNAL USE PEP.A4lT NQ. 4156 BE GRANTED, IN PART,
FOR A PERIOD OF 1'EN (10) YEARS TO EXPIRE ON OCTOBER 25, 2009
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit fe; certain real property situated in the CiEy of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, AS SHOWN ON THE PLAT AiTACHED TO LOT LINE ADJUSTMENT NO.
404 RECORDED JUNE 15, 1998 AS INSTRUMENT NO. 199803L73638 OF OFFICIAL
RECORDS OF ORANGE COUNTY CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 25, 1993 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with t`~ provisione 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 recomme:~dations in connaction therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due considerati~m of all evidence ancl repo~ts 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 Municipat Code Section 18.110.070.050.0544 to permit an automobiie deale~ship with waivers
of the following:
(a) Sections iA.04.060.050 - Reauired aarkina lot landscaqina.
and 18.110.070.090
(b) Sections 18.05.093.~30 - Permitted location of a freestandina monument sian.
and 18.110.070.120 ' (minimum 120-foot setback from the east property line
- requ.ired; 20 feet proposed)
(c) Sections 18.110.070.090.0902(iil - Pe~ mitted encroachments into required vards.
and 18.110.070.100 Nehicle disalav not aermitted within the required
65-foot setback adjacent to an arterial highway;
five (51 vehicle disolav oads proposed 10 feet from La
Palma Avenue)
2. That the proposal i~ located in Developmen: Area 2"Expanded Industrial Area" of the
Northeast Area Specific Pian No. 94-1.
3. That waiver (a), required parking lot landscaping, is hereby denied because following
public notification it ~vas determined that since the parkin.g lot landscaping is an existing condition and no
new construciio~~ is proposed, the waiver should not have been advertised.
4. That waiver (b), permitted location of a freestanding monument s;gn, is hereby approved,
in part, requiring that the monument sign be located between the two driveways (i.e., a minimum of 80
feet from the east property Ilne).
5. That waiver (c), permitted encroachments into required yards, is hereby approved to
allow five display vehicle pads located 10 feet from La Palma Avenue on the basis that strict applicaGon
_ .. ~ . .. _ ~ _ _._..u J_.~~1..~ LL:.. ..rwwn.i~~ nf ...~.,~ie~nc onimiorl hv 4ha nainhhoritla 9t1tOR10bIIe
dealership (Caliber Mercedes Benz) which is under identical zoning classification; and that the petitioner
will remove parking spaces and add landscaping in the setback area, resulting ir additional landscaping
in the front setback.
6. That there are special circumstances apQlicable to the property such as location and
surroundings, which do not apply to other identicall~~ zoned prope~ties in the vicinity.
7. That strict application of the Zoning Code deprives the properry of privileges enjoyed by
other properties under identical zoning ciassification in the vicinity.
8. That the proposed automobile dealership, as designed, vrill not adversely affect the
adjoining land uses and the grovuth and development of the area in which it is proposed to be located.
9. That the size and shape of the site for the proposed use is adequate t~ allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
10. 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.
11. That granting of this conditional use permit, under the conditions imposed, will noi be
detrimE~tai to the peace, health, safe:y and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to pe~mit an automotrve dealership with waivers of (a)
required parking lot landscaping, (b) permitted location of a freestanding monument sign and (c)
permitted encroachments in required yards on an irregularly-shaped, 12.2-acre properry having a
frontage of 501 feet on the north side of La Paima Avenue, a maximum depth of 1,325 feet, being located
270 feet east of the centerline of Brasher Street, and further described as 5445 East La Palma Avenue;
and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent j~~dgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review proce~s and further finding on the basis of the initiat
study and any comments received that there is no substantial evidence that the project wiil have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that ihe Anaheim City Planning Commission
does hereby grant subjec! Petition for Conditional Use Permit, in part, ~~pon the following con~itions 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:
1. That plans shali be submitted to the City Traffic and Transportation Manager for review and
approval, shawing how the vehicular security gates and vehicie turn-around area will function.
2. That gates sha~i nof be installed acroes any driveway in a manner which may adversely affect
vehicular tr~ffic in the adjace~t public street. Ins~iailation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the revieK~ and approval of the City Tra~c and
i ransportation Menager prior to issuance of a building permit.
3. That plans shail be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway lacationa. SubJect property shail
thereupon be developed and maintained in conformance with said plans.
CR3789PK.DOC -2- PC99-187
4. That no required parking area shall be fenced or otherwise enclosed far outdoor storage use.
5. That an on-site trash truck tum around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Department of Pubiic Works, Street Sweeping and
Sanitatior, Division. Said tum-around area shall be shown on plans submitted for building permits.
6. That i~ order to prevant vehicular confl!cts with auto transport tNCks, a delivery plan regarding
transportation of new vehicles to this site shall be submitted to the City Traffic and Transpo~tation
Menager fo~• review and approv~l. Said pian shail be implemented continuously during the course
of the operations permitted under this condiiional use permit.
7. That the on-site maintenance of vehicles shall be permitted only inside the building, and that no
outdoor se;vicing or repair shail be permitted on the premises.
8, That the stor2ge or overnight parking of vehicies (other than vehicle inventory), vehicie parts, or
business-related materials and all work on vehicles (including the washing of vehicles) shall be
confined entirely to the interior of the building. Absolutely no vehicular body work, painting or other
business-related activities, or storage of vehicle parts or materials (other than vehicle inventory)
shall be aliowed outdoors.
9. That a maximum of forty nine (49) inventory vehicles, excluding the ten (10) display vehicles, may
be stored outside the building. With the exception of the five (5) display vehicles permitted 10 feet
from the La Palma Avenue by waiver (c), said outdoor storage shali only occur behind the minimum
65-foot building setback.
10. That a final landscaping plan, lighting plan and sign program shali be submitted to the Zoning
Division of the Planning Department for review and approva! by the Planning C~mmission as a
"Reports and Recommendations" item. The final landscaping plan shail include inf~rmation
specifying type, size and location ~f all proposad plants, the irrigation system, and detaile~ plans
regarding the "off road" demonstration track and the articuiated rock treatment of the vehicle display
pads. The final sign program shall include information on all proposed wali and freestanding signs
pertaining to this automobile dealership. Following approved, the landscaping, light and signage
shall be installed and maintained in accordance with the approved plans.
11. That no Special Event Permits (including inflateble balloons) shall be issued for temporary outdoor
advertising or other events at this site.
12. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting to the roof material. The numbe~s shall not be visible to the nearby street or
adjacent prop~rties.
13. That sub;ect conditionai use permit shail expire ten (10) years from the date of this resolution, on
October 25, 2009,
14. That no public address system or any other communication system which is audible outside the
building area shall be permitted for this automobile dealership.
15. That any proposed security devices (i.e., bollards, chains and posts, fencing, etc.) for the outdoor
inventory vehicles shall be reviewed and approved by the Planning Commission as a"Reports and
R°commendations" item.
16. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5; provided, however, that the monument sign shail be
located belween the two driveways (i.e., minimum 80 feet from the east property line) and as
conditioned herein.
CR3789PK.DOC -3- PC99-187
17. ThaE prior to commencement of the activity authorized by this resolution, or prior to the issuance of
a building permit, or within a period of one (1) year from the date of this resoiution, whichever
occurs first, Condition Nos. 1, 2, 3, 5, 6 and 10, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with SecGon
18.03.090 of the Anaheim Municipal Code.
18. That prior to commencement of the activiry authorized by this resolution or prior to the flnai building
and zoning inspections, whichever occurs first, Condition Nos.12 and 16, above-mentioned, shali
be complied with.
1E. That approval of this application constitutes approval of the proposed request aniy to thz 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 City Planning Commission does hereby
~nd and determine that adoption of this Resolution is expressly predicated upon applicant's compiiance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be decla:ed invalid or ur~nforceable 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 at the Planning Commission meeting of
October 25, 1999. ^
~._.~,,~~, ,~~~,~~.~
CHAIRPERSON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
~~Q.P~~22c.l~-~' ~~
SECRETARY, ANAH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 October 25, 1999, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOS7WICK, BOYDSTUN, BF2ISTOL,
ARNOLD
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NCNE
IN WITNESS WHEREOF,
_~ 1~~„~ 1999.
KOOS, NAPOLES, VANDERBILT,
I have hereunto set my hand this o~R" day of
~/~ ?~~~,~ ~~.e~
SECRETA~Y, ANAHEIM CITY PLANNING COMMISSION
CR3789PK.DOC -4- PC99-167