Resolution-PC 2000-110~
RESOLUTION NO. PC2000-110
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2000-04252 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAP NO. RST 3455, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 7 PAGE 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 25, 2000 at 1:30 p.m., notice of said public hearing having been
duly given 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 18.61.050.070 to permit the retail sale and installation of tires and
wheels in conjunction with a wholesale tire warehouse with waiver of the following:
Sections 18.06.050.020.021.0212 - Minimum number of parkinq spaces.
18.06.050.020.022.0222 (68 spaces required; 59 spaces proposed)
18.06.050.030.031
18.06.050.030.033
18.06.080
and 18.61.066.050
2. That the parking waiver is hereby approved based on the City Traffic and Transportation
manager's review and determination that the proposed number of spaces is adequate to serve this use,
as proposed by the petitioner and as described in paragraph (8) of the Staff Report to the Planning
Commission dated September 25, 2000.
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
the use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code).
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
CR4051 PK.doc -1- PC2000-110
• ~
7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
8. That the proposed installation of wheels is accessory to the primary permitted use (a
wholesale tire warehouse) and will not drawr retail or drive-by business to the area; that the number of
installations is minimal; and that, therefore, the proposal will not adversely affect the adjoining land uses
and the growth 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 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.
10. That the traffic generated by the proposal, including the accessory retail sale and
installation of tires and wheels, will be minimal in nature and will not draw any significant retail or drive-by
business to the area and, therefore, 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 not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim
because.
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 ENVIRONM~NTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 5, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Cond~tional Use Permit, upon the following conditions 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 a six (6) foot high decorative masonry block wall shall be constructed and maintained along
the south property line adjacent to the parking lot. Clinging vines to eliminate graffiti opportunities
shall be planted on maximum five (5) fioot centers adjacent to the south side of said wall, and shall
be properly irrigated and maintained. Said information shall be specifically shown on the plans
submitted for building permits. .
2. That the on-site landscaping and the orrigation system shall be refurbished and maintained in
compliance with Citv standards.
3. That the property shall be permanently maintained in an orderly fashion through regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
4. That a landscaping and irrigation plan for the property shall be submitted to the Zoning Division for
review and approval. Said plan shall show the refurbishing of existing planters and twenty four inch
(24") box sized trees planted at a ratio of at least one (1) tree for each twenty (20) feet of landscape
planter for the proposed ten (10) foot wide planter at the south property line. Any decision made by
the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City
Council.
-2- PC2000-110
. •
5. That any tree plantsd on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
6. That the landscaped planters shall be permanently maintained with live and healthy plants.
7. That the proposal shall comply with all signing requirements of the ML "Limited Industrial" Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
8. That plans shall be submitted to the City Traffic 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 locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
9. That signage for this facility shall be limited to wall signs and the existing monument sign on Burton
Place. All signs shall be subject to review and approval by the Zoning Division. Any staff decision
may be appealed to the Planning Commission as a"Reports and Recommendations" item.
10. That no outdoor storage of, display of, or work on vehicles or vehicle parts shall be permitted;
provided, however, that outdoor storage of tires shall be permitted within the one hundred thirty
three (133) foot by seventy (70) foot outdoor enclosed storage area. The height of the tires stored
in said enclosure shall not exceed the height of the enclosure, and stored tires shall not be visible to
any public right-of-way.
11. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the Anaheim Finance Department.
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 numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on the plans submitted for building permits.
13. That any required relocation of City electrical facilities shall be at the developer's expense.
14. That the legal property owner shall provide the City of Anaheim with a public utility easement to be
determined as elect~ical design is completed. Said easement shall be submitted to the Electrical
Engineering Division of the Anaheim Public Utilities Department.
15. That Special Events Permits are not permitted for this property which is zoned industrially.
16. That an unsubordinated restricted coWenant providing reciprocal access and parking befinreen the
two (2) parcels comprising subject property, approved by the City Traffic and Transportation
Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with
the Office of the Orange County Recorder. A copy of the recorded covenant shall then be
submitted to the Zoning Division. The covenant shall include provisions to guarantee that the entire
complex shall be managed and maintained as one (1) integral parcel for purposes of parking,
vehicular circulation, signage, maintenance, land use and architectural control; and the covenant
shall be referenced in all deeds transferring all or any part of the interest in the property.
17. That the retail sale and installation of wheels and tires shall be incidental and accessory to the
wholesale tire warehouse.
18. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the Cit~i of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
19. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs
_3- PC2000-110
~
C~
first, Condition Nos. 1, 4, 8, 12, 14 and 16, above-mentioned, shall 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.
20. That prior to final building and zoning inspections or prior to commencement of the activity
authorized by this rPSOlution, whichever occurs first, Condition Nos. 2, 11 and 18,
above-mentioned, shall be complied with.
21. 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 ~ndings as to compliance or approval
of the request regarding any other ap;plicable 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 applicanYs 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 deemed null and void.
THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of
September 25, 2000.
CHAIRPERSON ANA M CITY PLANNING COMMISSION
ATTEST:
G~~(~f~ ~ '
SECRE ARY, AHEIM 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 resolutian was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 25, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this _~ day of
, 2000.
l~0/P~~
S C T Y, ANAHEIM CITY PLANNING COMMISSION
-4- PC2000-110