Resolution-PC 2000-17• •
RESOLUTION NO. PC2000-17
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4177 BE GRANTED, IN PART
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:
PARCELS 2, 3 AND 4 OF PARCEL; MAP NO. 80-234, AS SHOWN ON A MAP FILED IN
BOOK 150, PAGES 2 AND 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNtY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE
OF CALIFORNIA, RECORDED JUNE 23, 1999 AS INSTRUMENT NO. 19990465854
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2 SOUTH 80° 33' 00"
EAST 100.00 FEET; THENCE SOUTH 09° 27' 00" WEST 0.75 FEET TO A LINE
PARALLEL WITH AND 0.75 FEET SOUTHERLY OF SAID NORTHERLY LINE;
THENCE ALONG SAID PARALLEL LINE NORTH 80° 33' 00" WEST 99.87 FEET TO
THE WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID WESTERLY LINE
NORTH 00° 13' 40" WEST 0.76 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 14, 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 Sections 18.05.046.030, 18.44.050.060, 18.44.050.085 and 18.44.050.135
to establish conformity with existing Zoning Code land use requirements for an existing commercial retail
center and to permit an automotive dealership with accessory auto repair senrices and a 60-foot high
freeway-oriented sign, and with waivers of the following:
(a) Sections 18.04.060.013
and 18.44.063.050
(b) Section 18.04.060.050
(c) Sections 18.05.093.040
and 18.44.067
- Minimum number of required trees.
- Required qarking lot landscaping.
- Minimum distance between freestandinq siqns.
(300 feet required; 135 to 200 feet proposed)
(d) Sections 18.05.095 - Minimum lot size for an auto dealership to qermit a
and 18.44.067 freeway-oriented siQn.
(10-acre site required for an automobile dealership;
6.4-acre site proposed)
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(e) Sections 18.06.050.0211 - Minimum number of parkinq spaces.
18.06.050.0221 (326 spaces required; 296 spaces proposed and concurred
18.06.050.0223 wi~h by the City Traffic and Transportation Manager)
18.06.080
and 18.44.060.050
(fl Section 18.44.064 - Permitted encroachments in reauired vards.
2. That waiver (a), minimurm number of required trees, is hereby denied on the basis that
it was deleted following submittal of revised plans.
3. That waiver (b), required parking lot landscaping, is hereby denied on the basis that
following public notification, it was determined that the proposal complies with Zoning Code standards for
the parking lots.
4. That waiver (c), minimum distance between freestanding signs, is hereby approved on
the basis that of special circumstances related to the shape of the property and its not having a significant
frontage on Euclid Street; that the proposed monument sign will replace an existing permitted
freestanding sign which is currently located within 300 feet of the existing monument signs; and that strict
application of the Code would deprive the p;roperty of privileges which other commercial businesses enjoy
to advertise on Euclid Street.
5. That waiver (d), minimurr~ lot size required for an auto dealership to permit a freeway-
oriented sign, is hereby denied on the basis that the property is regularly-shaped parcel and the petitioner
could not identify a hardship.
6. That waiver (e), minimum number of parking spaces, is hereby approved on the basis
that the findings contained in the parking study submitted for this proposal substantiate the request, as
discussed in the Staff Report to the Plannin,g Commission dated February 14, 2000 and as concurred
with by the City Traffic and Transportation Manager.
7. T~hat the parking waiver, a~nder the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the proposed 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.
8. 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.
9. 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 Zoning Code).
10. That the parking waiver, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use.
11. 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.
12. That waiver (fl, permitte~ encroachments into required yards, is hereby denied on the
basis that it was deleted following submittal of revised plans.
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13. 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: That the Anaheim City
Planning Commission has reviewed the proposal to establish conformity with existing Zoning Code land
use requirements for an existing commercial retail center and to permit an automotive dealership with
accessory auto repair services and a 60-foot high freeway-oriented sign, and with waivers of minimum
number of required trees, required parking lot landscaping, minimum distance between freestanding
signs, minimum lot size required for an auto dealership to permit a freeway-oriented sign, minimum
number of parking spaces, and permitted encroachments into required yards on a irregularly-shaped 6.4-
acre property located at the northwest corner of Medical Center Drive and Euclid Street, having frontages
of 517 feet on the north side of Medical Cerater Drive and 430 feet on the west side of Euclid Street, and
further described as 1303 -1371 North Euclid Street (proposed North County Toyota); and does hereby
approve the Negative Declaration upon fin~ing that the declaration reflects the independent judgment of
the lead agency and that it has considered the Negative Declaration together with any comments
received during the public review process a~nd further finding on the basis of the initial study and any
comments received that there is no substantial 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 establish conformity with existing Zoning Code land use requirements for an existing
commercial retail center, grant an automotive dealership with accessory auto repair services, and
approve waivers of (c) minimum distance between freestanding signs and (e) minimum number of parking
spaces; and
BE IT FURTHER RESOLVED that the proposed 60-foot high freeway-oriented sign is
hereby denied; and that the waivers of (a) minimum number of required trees, (b) required parking lot
landscaping, (d) minimum lot size required for an auto dealership to permit a freeway-oriented sign,
minimum number of parking spaces, and (f} permitted encroachments into required yards are also
denied; and
BE IT FURTHER RESOLVED that this Petition for Conditional Use Permit is granted, in
part, upon the following conditions which ane 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:
That three (3) foot high street address numbers shall be displayed on the building roof in a
contrasting color to the roof material. The numbers shall not be visible to the view from the street or
adjacent properties.
2. That lighting fxtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of finrelve (12) feet. Said lighting fixtures shall be directed
away from the adjacent residential property lines to protect the residential integrity of the area; and
that it shall be so-specified on the plans submitted for building permits.
3. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets and/or properties.
4. That a separate irrigation meter for the landscaped areas shall be installed in compliance with
Chapter 10.19 of Anaheim Municipal iCode and City Ordinance No. 5349.
That trash storage areas 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 areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
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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.
6. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Sanitation Division for review and approval. Said information shall be specifically shown on
plans submitted for building permits.
7. 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 Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
That any and all lockable pedestrian and/or vehicular access gates shall be equipped with "knox
box" devices as ~required and approved by the Fire Department.
9. That an automatic fire sprinkler system shall be designed, installed and maintained as required by
the Fire Department. Said information shall be specifically shown on plans submitted for building
permits.
10. That emergency vehicular access shall be provided and maintained in accordance with Fire
Department Specifications and Requirements.
11. That gates shall not be installed acro5s any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public streets. 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 prior to issuance of a building permit.
12. 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
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
14. That, if required by the City, the developer shall grant easements for the existing on-site 12kV
underground electrical conductors.
15. That any required relocation of City electrical facilities shall be at the developer's expense.
16. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any necessary work.
17. That the developer shall add one (1) ~dditional street tree well to match the existing tree wells, and
one twenty four (24) inch box sized Cajeput tree. The tree shall be planted in accordance with City
of Anaheim Planting Specifications.
18. That a ten (10) foot high masonry block wall shall be constructed and maintained along the west
property line adjacent to the senior citizens' retirement facility, as shown on the submitted and
approved exhibits; provided, however, that the City Traffic and Transportation Manager shall have
the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or
vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted on
maximum five (5) foot centers adjace;nt to said wall, and said landscaping shall be property irrigated
and maintained.
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19. That the property shall be permanently maintained in an orderly fashion through the provision of
regutar landscaping maintenance, removaf of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
20. That the on-site landscaping and irrigation system shall be refurbished and maintained in
compliance with City standards.
21. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
22. 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. Said plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by the appropriate City departments.
23. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Euclid Street and
Medical Center Drive. The size, type and number of trees shall be provided to the satisfaction of
the Urban Forestry Division.
24. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission; provided, however, that the proposed
60-foot high freeway-oriented sign shall not be permitted. Any additional signage shall be subject
to review and approval by the Planning Commission as a"Reports and Recommendations" item.
25. That no banners or other advertising shall be displayed at any time within the service bays facing
the public rights-of-way or the freeway.
26. That no public address system or any other communication system that is audible outside the
building area shall be permitted for th~s automotive dealership.
27. That all employee parking shall be limited to the employee parking area, as indicated on the
submitted exhibits, or shall be inside the enclosed building.
28. That the storage or overnight parking of vehicles shall be confined entirely to the interior of the
buildings or within the designated service yard. All vehicle parts or business-related materials and
any work on vehicles (including the washing of vehicles) shall be confined entirely to the interior
service bays or to the detail bays. Absolutely no vehicular body work, painting or other business-
related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or
rear yard areas, or on the roof of the buildings.
29. That there shall be no outdoor storag~e in any required parking area.
30. That customer parking spaces shall be striped and clearly marked for "customer parking only"; and
that at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front
of, or adjacent to, the buildings.
31. That all deliveries shall take place on this site; and that no vehicle deliveries shall be conducted in
any public right-of-way. Furthermore~, all deliveries shall be conducted after 7:00 a.m. and prior to
9:00 p. m.
32. That the roll-up doors for the service bay areas shall be closed before 7:00 a.m. and after 9:00 p.m.
in order to reduce any noise that may be generated by auto service and repair activities.
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33. (a) That there shall be no special advertising, banners, flags, pennants, balloons attached to
vehicles, tents, sales events or other promotional activities unless a Special Event Permit is
first obtained to authorize said displays.
(b) That there shall be no tethered balloons, rooftop advertising devices or any other freeway-
oriented displays permitted at any time.
34. That any proposed vending machines shall be located so as not to be visible to the public rights-of-
way, including the freeway off-ramp.
35. That final plans for any bollards or otlaer devices or structures used as a vehicle theft deterrent
along the street frontages shall be reviewed and approved by the Zoning Division for aesthetic
considerations.
36. That no display or inventory of vehicles shall be permitted within the required landscaped setback
areas.
37. That trees shall not be unreasonably trimmed for the purpose of increased visibility of this auto
dealership facility.
38. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division o~ the Finance Department.
39. That prior to commencing operation of this business and in order to prevent vehicle conflicts with
auto transport trucks, a delivery plan for transportation of new and used vehicles to this site shall be
submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall
be implemented continuously during Che course of the operations permitted under this conditional
use permit.
40. 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 mar~ced Exhibit Nos. 1 through 12, and as conditioned herein.
41. That this permit is for a single automotive dealership. If additional dealerships are proposed, a new
conditional use permit shall be required.
42. 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. 2, 3, 5, 6, 7, 9, 11, 12, 14, 16, 22, 35 and 45,
herein-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.
43. That prior to final building and zoning inspections, Condition Nos. 1, 4, 10, 17, 18, 20, 23, 30 and
40, above-mentioned, shall be complied with.
44. 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 ap~plicable ordinance, regulation or requirement.
45. That oil storage shall occur as far aw~y as possible from neighboring residential uses; and that
plans showing said storage locations shall be submitted to the City Fire Marshal for review and
approval.
46. That there shall be no parking allowed on the north side of Medical Center Drive, subject to the
approval of the City Engineer.
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BE IT FURTHER RESOLV~D 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 RESOLUTION was adopted at the Planning Commission meeting of
February 14, 2000. ~
C~J G~GQ~C~.c~v
~ AIRPE~2SON, A AHEIM CITY PLANNING COMMISSION
ATTEST:
C~~~,
SECRETARY, N HEIM 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 February 14, 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.
. ~.a-o~cJ~
SECRE ARY, NAHEIM CITY PLANNING COMMISSION
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