2004-026RESOLUTION NO. 2004-26
A RESOLUTION OF THE CiTY COUNCIL OF THE C1TY OF
ANAHEIM GRANTING CONDITIONAL USE PERMiT NO.
2003- 4800, IN PART.
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:
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
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.
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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
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)
(b)
Sections 18.44.062.010.011
and 18.84.062
Maximum structural height adjacent to a
single-family residential zone.
(16-feet height permitted where located 32 feet from
"RS-5000(SC)" Residential, Single-Family - Scenic
Corridor Overlay zoning to the south; 32 feet
proposed)
(c)
Section 18.84.062.010.011
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)
(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).
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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 (!) 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.
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.
2 l. 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,
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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.
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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 7am 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,
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18, 19, 20, 21, 22(a), 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 40, 41, 46 and 47(a),
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.
44. That prior to final building and zoning inspections, Condition Nos. 22(b) and 42,
above-mentioned, shall be complied with.
45. That approval of this application constitutes approval of the proposed request only
to the 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.
46. That final elevation plans, which incorporate the suggestions made by the
Planning Commission at the December 15, 2003, public hearing regarding the architecture, shall
be submitted to the Zoning Division for review and approval by the Planning Commission as a
'Reports and Recommendations' item. Said plans shall incorporate any roof-mounted equipment
into the design of the building, and the maximum over-all structural height, including any
roof-mounted equipment, shall be thirty two (32) feet.
47. (a) That the plans submitted for building permits shall include information
demonstrating that the lighting from the signs shall not cause excessive light and/or glare towards
the residences to the south.
(b)
operation.
That the on-site advertising signs shall be illuminated only during hours of
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such conditions, 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, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 10th day of February, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members Tait, Chavez
NOES: Council Members McCracken, Hernandez
ABSENT: None
ABSTAIN: None
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ATTEST:
C~Y CLERk OF T~EIM
By
MAYOR OF T OF ANAHEIM
53115.1
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