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PC 2005/03/071 -A. REPORTS AND RECOMMENDATIONS Staff Report to the Planning Commission March 7, 2005 Item No. 1 -A a. MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2003 -04800 - REQUEST FOR (Motion) EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL (Tracking No. CUP2005- 04965) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 5.7 -acre property is located at the northeast terminus of Via Cortez and south of the SR -91 (Riverside Freeway), with a frontage of 161 feet on the northeast terminus of Via Cortez, a maximum depth of 1,370 feet and is located 837 feet north of the centerline of Santa Ana Canyon Road (Caliber Motors). REQUEST: (2) The applicant requests a retroactive time extension to comply with conditions of approval for a previously- approved automotive dealership with accessory roof - mounted equipment. BACKGROUND: (3) The property is currently vacant and is zoned CG (SC) (General Commercial, Scenic Corridor Overlay). The Anaheim General Plan Land Use Element Map designates this property for General Commercial land uses. (4) General Plan Amendment No. 2003 -00415 (to amend the Land Use Element of the Anaheim General Plan redesignating the property from the Hillside Low- Medium Density Residential land use designation to the General Commercial land use designation) and Reclassification No. 2003 -00113 (to reclassify this property from the RS -3 (SC) (Residential, Single - Family; Scenic Corridor Overlay) zone to the CG (SC) zone was approved by the Planning Commission on December 15, 2003, and the City Council on February 10, 2004. (5) (6) Condition of approval No. 43 of Resolution No. 2004 -26 for Conditional Use Permit No. 2003 - 04800, contains the following wording: sr8863kw.doc Conditional Use Permit No. 2003 -04800 (to permit and construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet with waivers of a) maximum number of wall signs, b) maximum structural height adjacent to a single - family residential zone, c) minimum structural setback adjacent to a freeway, and d) required landscape setback adjacent to an interior site boundary line abutting a residential zone) was approved in part. The proposed structural height (totaling 42 feet consisting of a 32 -foot high building plus a 10 -foot high equipment enclosure) was approved in part, to permit a maximum overall height of 32 feet, by the Planning Commission December 15, 2003, and the City Council on February 10, 2004. "43. That prior to issuance of a building permit or within a period of one (1) year from the date of this Resolution, whichever occurs first, Condition Nos. 5, 6, 8, 10, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22(s), 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 40, 41, 46, and 47(s), herein - 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." Page 1 DISCUSSION: (7) Staff Report to the Planning Commission March 7, 2005 Item No. 1 -A This entitlement was approved on February 10, 2004, and expired February 10, 2005. Code requires the application for an extension of time be submitted within 180 days of the date of expiration (prior to August 9, 2005). The applicant has submitted the attached letter dated January 11, 2005, requesting an extension of time. The applicant has indicated the time extension as necessary to comply with conditions of approval. Progress towards completing conditions of approval is anticipated upon approval by the Metropolitan Water District. In addition, the grading permit application is currently being reviewed with the City. This is the first request for a time extension to comply with conditions of approval, and Code allows the granting of a maximum of two time extensions subject to the findings contained in Code Section No. 18.60.170 of the Zoning Code. (8) No Code amendments (including the recently updated Zoning Code) have occurred that would cause the approval to be inconsistent with City requirements. (9) An inspection by the Code Enforcement Division indicates that there are no outstanding violations pertaining to this property. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the request for a retroactive time extension and the previously- approved Mitigated Negative Declaration and finds there are no changes to the originally- approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Mitigated Negative Declaration serve as the required environmental documentation for this request. FINDINGS: (11) Zoning Code Section No. 18.60.170 specifies that the applicant shall, within one year after receiving approval (or within any greater or lesser time limit specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, subsection 18.60.170.020 specifies that before granting any request for an extension of time to comply with conditions of approval, the Commission must make a finding of fact that the following findings exist: (a) That the extension of time will not extend the approval beyond two extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of the conditional use permit. (b) That the approval remains consistent with the General Plan and the zone district designation for the property. (c) That either no Code amendments have occurred that would cause the approval to be inconsistent with this title, or the petitioner has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such Code amendments and (ii) agreed to modify the project to conform to such Code amendments. (d) That the subject property has been maintained in safe, clean, and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Code Enforcement Division. Page 2 RECOMMENDATION: Staff Report to the Planning Commission March 7, 2005 Item No. 1 -A (e) That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project. (12) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting that the Planning Commission take the following actions: (a) By motion, determine that the previously approved Mitigated Negative Declaration is adequate to serve as the environmental documentation for this request. (b) By motion, approve the request for a one (1) year extension of time to comply with conditions of approval to expire February 10, 2006, based on the following: i. That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. ii. That there is no information or changed circumstance that contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2005 - 04800. iii. That the approval remains consistent with the General Plan and the zone district designation of the property. Page 3 wwwanaheim.net TEL (714) 765 -5139 City of Anaheim PLANNING DEPARTMENT March 7, 2005 Hossein Zandi Caliber Motors 5395 East La Palma Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of March 7, 2005. 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA MITIGATED NEGATIVE DECLARATION (b) CUP2003 -04800 — Request for a time extension Tracking No. CUP2005 -04965 Hossein Zandi requests a retroactive time extension to comply with conditions of approval for a previously- approved automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet. ACTION: Commissioner offered a motion, seconded by Commissioner and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the project is Categorically Exempt under Section 15303, Class 3 (New Construction) of the CEQA Guidelines. Commission offered a motion, seconded by Commissioner and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve a one (1) year extension of time to expire on January 12, 2006, based on the existing and proposed use being consistent with the Anaheim General Plan and with applicable Zoning Code requirements. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission cup2005- 04965.doc 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 RESOLUTION NO. 2004 -26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003- 4800, IN PART. PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 THRU 22, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and ATTACHMENT = -R &R 1 =A WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to construct an automotive sales dealership with accessory roof - mounted equipment with a structural height greater than 35 feet (proposed 32 -foot building plus 10 -foot equipment enclosure totaling 42 feet) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC203 -173 granting, in part, Conditional Use Permit No. 2003 -4800; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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 proposed to be located because the site design and location of the proposed building and the design and operational measures incorporated into the project are such that the adjacent and nearby properties will not be negatively affected. 3. 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; and that, with the exception of the approved waivers which are necessary due to site constraints, the proposal complies with the provisions and standards set forth in the Zoning Code. 4. That the traffic generated by the proposed use will not impose an undue burden on the streets and highways designed and improved to carry traffic in the area because the proposed business operation will generate an average 200 daily trips which is less than the traffic that would be generated by the previously- approved residential development for 22 single - family homes, which has not been constructed. 5. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim based on the compatibility of the site design and business operation with the adjoining residential and commercial land uses. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That waiver (a), maximum number of wall signs, is hereby approved because the property has no visibility from surrounding pubic streets and, therefore, will rely on identification . towards the freeway; that the proposed wall signs face the freeway and will have no impact on adjacent and surrounding residential properties; and that the proposed wall signs are smaller than would otherwise be allowed by right and similar waivers have been granted for other commercial businesses in the vicinity. 2. That waiver (b), maximum structural height adjacent to a single - family residential zone, is hereby approved because there are special circumstances applicable to this property consisting of its long, linear and narrow shape; and that the existing 15 -foot wide sewer easement across the property will provide an additional buffer since the easement restricts development of the underlying area and, therefore, provides further protection to the residential neighborhood to the south. 3. That waiver (c), minimum structural setback adjacent to a freeway, is hereby approved because there are special circumstances consisting of property's long, linear and narrow shape, which restricts development of the property, and the existing flood control channels and 50 -foot wide pipeline easement, which further restrict development. 4. That waiver (d), required landscape setback adjacent to an interior site boundary line abutting a residential zone, is hereby approved based on the constraints imposed by the location of an existing flood control channel at the south end of the property which limits placement of landscaping abutting the residential zoning and that the proposed landscaping to the north of the flood control channel will act as a sufficient buffer for the residential neighborhood to the south. 5. That there are special circumstances applicable to the property consisting of its shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity. 6. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2003 -4800 be, and the same is hereby, granted, in part, as follows: the proposed automotive sales dealership is approved but the proposed structural height (totaling 42 feet consisting of a 32 -foot high building plus a 10 -foot high equipment enclosure) is approved in part to permit a maximum overall height of 32 feet on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.05.091.020 and 18.84.062.040 (b) Sections 18.44.062.010.011 - and 18.84.062 (c) Section 18.84.062.010.011 - Maximum number of wall signs. (1 wall sign per building unit permitted in the "CL(SC)" Commercial, Limited - Scenic Corridor Overlay Zone; 3 wall signs proposed) Maximum structural height adjacent to a single - family residential zone. (16 -feet height peimitted where located 32 feet from "RS- 5000(SC)" Residential, Single- Family - Scenic Corridor Overlay zoning to the south; 32 feet proposed) Minimum structural setback adjacent to a freeway. (100 feet, fully landscaped, required adjacent to the SR 91/Riverside Freeway; 5 to 40 feet, fully landscaped, proposed) - 3 - (d) Section 18.84.062.010.014.0142 - Required landscape setback adjacent to an interior site boundary line abutting a residential zone. (10 feet, fully landscaped, required adjacent to "RS- 5000(SC)" zoning to the south; none to 10 feet, fully landscaped, proposed) subject to the following conditions: 1. That the property owner /developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 122 created specifically for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner /developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 122, which are made a part of these conditions of approval by reference. 2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 3. That outdoor special events shall be subject to review and approval by Zoning Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses. Any decision made by the Zoning Division regarding such an event may be appealed to the Planning Commission or City Council as a 'Reports and Recommendations' item. 4. That only light vehicle preparation shall be permitted; and that no repair or maintenance work shall be permitted. 5. That all roof and /or ground- mounted equipment shall be contained within an acoustical enclosure and shall be completely screened from visibility to surrounding properties, streets and the SR- 91/Riverside Freeway in conformance with subsection 18.84.062.030.032 of Section 18.84.062 of the Anaheim Municipal Code (pertaining to development standards for roof - mounted equipment in the "(SC)" Scenic Corridor Zone Overlay). Said information shall be specifically shown on the plans submitted for building permits. 6. That a plan for test driving new vehicles at this site shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall incorporate a test - driving route that does not include any residential streets, and the plan shall be implemented continuously during the course of the operations permitted under this Conditional Use Permit. 7. That vehicles shall not be delivered by automotive transport trucks. All inventory shall be independently delivered to this site (i.e., each vehicle shall be individually driven to this site). 4 8. That the petitioner shall submit a Final Sign Plan to the Zoning Division for review and approval. Said plan shall show no signage on the vehicle preparation building. Any decision made by the Zoning Division regarding the Final Sign Plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 9. 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. 10. That a Final Landscape and Fencing Plan for the entire site, specifying type, size and location of proposed landscaping, irrigation and fencing, shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building to eliminate graffiti opportunities. 11. 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. 12. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 14. That the water backflow equipment shall be above ground and located outside the required street setback area, and fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval. 15. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. - 5 - 16. That the accessory car wash building shall comply with all state laws and local ordinances for Water Conservation Measures. 17. That the developer /owner shall submit a set of improvement plans to the Public Utilities Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 18. That an on -site trash truck turn- around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn- around area shall be specifically shown on the plans submitted for building permits. 19. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. 20. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 21. That the developer shall submit a grading plan to the Public Works Department, Development Services Division, for review and approval. Grading shall conform to the requirements of Chapter 17.06 (Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal_ Code. 22. (a) That the developer shall submit street improvement plans for the intersection of Via Cortez and the driveway to the commercial center on the west side of Via Cortez to the Public Works Department, Development Services Division, for review and approval. (b) That said street improvements, as approved, shall be installed prior to final zoning and building inspections. 23. That the legal property owner shall prepare a Water Quality Management Plan ( "WQMP ") specifically identifying the best management practices that will be used on -site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval prior to obtaining a grading permit. 24. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, - 6 - materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 25. That prior to submittal of the water improvement plans, the developer /owner shall submit a water system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 26. That prior to application for water meters or fire lines or submitting the water improvement plans for approval, the developer /owner shall submit an estimate of the maximum fire flow rate and the average day, maximum day and peak hour water demands for this project to the Public Utilities Department, Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide for the estimated water demands. Any off -site water system improvements required to serve the project shall be installed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 27. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 28. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on the plans submitted for building permits. 29. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 30. That prior to commencement of business at this location or prior to occupancy of the building, whichever occurs first, the applicant shall file an Emergency Listing Card, Form APD -281, with the Anaheim Police Department. 31. That prior to commencement of any construction, all necessary permits required by the State of California shall be obtained to develop over the flood control channels. 32. That any lighting adjacent to the south property line shall be arranged and directed so as to reflect the light away from the adjoining residential properties, and shall not exceed a height of twelve (12) feet; provided, however, that the lighting adjacent to the freeway may be increased to a height not to exceed eighteen (18) feet if said height increase has the same lighting affect on the adjoining residential properties to the south as twelve .(12) foot high light standards would have. Said information shall be specifically shown on the plans submitted for building permits. - 7 - 33. That plans showing enhanced paving at the entry to the property at Via Cortez shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 34. That the design and placement of any proposed security bollards shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding such plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 35. That a plan showing the method(s) for preventing light from inside the main building from shining onto residential lots to the south shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 36. That a plan showing the design and placement of the security kiosk shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission or City Council. Said information shall be specifically shown on the plans submitted for building permits. 37. That the daily hours of operation shall be limited to lam to 9 pm, as stipulated by the petitioner. 38. That no loud speakers shall be permitted. 39. That no off -site signage shall be permitted. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and that such information shall be specifically shown on the plans submitted for building permits. 41. That the approval of this Conditional Use Permit is granted subject to adoption of General Plan Amendment No. 2003 -00415 and finalization of Reclassification No. 2003 - 00113. 42. That subject property shall be developed 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 10, and as conditioned herein, including that the maximum structural height shall be thirty two (32) feet. 43. That prior to issuance of a building permit or within a period of one (1) year from the date of this Resolution, whichever occurs first, Condition Nos. 5, 6, 8, 10, 12, 13, 14, 15, 17, - 8 -