Resolution-PC 2001-144• ~
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RESOLUTION NO. PC2001-144
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04441 BE GRANTED
FOR A PERIOD OF TEN (10) YEARS TO EXPIRE ON SEPTEMBER 24, 2011
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:
EXHIBIT "A":
THAT PORTION OF THE LAND ALLOTTED TO A.S . VAN DE GRAAF IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA AN,
RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1868 IN
BOOK "B" PAGE 410 OF JUDGEMENTS OF THE 17T" JUDICIAL DISTRICT
COURT OF CALIFORNIA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION
OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP
RECORDED IN BOOK 5 PAGE 130 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF LOT ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGd4~~V{NG A~ TI-~E NO-~2TH~AST TERMIN-US OF ZHAT CERTAIN
COURSE IN THE CENTER LINE OF KATELLA AVENUE DESCRIBED AS
HAVING A LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO
THE COUNTY OF ORANGE, RECORDED IN BOOK 3906 PAGE 231 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE AT RIGHT ANGLE TO SAID CERTAIN
COURSE, NORTH 40 DEGREES 13' 41" WEST 60.00 FEET TO A POINT
ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 1060.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID
POINT BEARS SOUTH 40 DEGREES 13' 41" EAST; THENCE
NORTHEASTERLY 53.14 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2 DEGREES 52' 20:"; THENCE NORTH 21
DEGREES 30' 22" EAST 31.23 FEET; THENCE NORTH 36 DEGREES 03'
15" WEST TO A LINE PARALLEL WITH AND NORTHWESTERLY 210.00
FEET FROM SID COURSE DESCRIBED AS HAVING A LENGTH OF
767.98 FEET; THENCE SOUTH 49 DEGREES 46' 19" WEST TO A LINE
PARALLEL WITH AND SOUTHWESTERLY 150.00 FEET FROM THE
COURSE DESCRIBED ABOVE AS HAVING A BEARING OF NORTH 36
DEGREES 03' 15" WEST; THENCE SOUTH 36 DEGREES 03' 15" EAST
TO A LINE BEARING SOUTH 49 DEGREES 46' 19" EAST TO THE POINT
OF BEGINNING.
2. THAT PORTION OF THE LAND ALLOTTED TO A. S. VAN DE GRAAF IN
DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA,
RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1868 IN
BOOK "B" PAGE 410 OF JUDGMENTS OF THE SEVENTEENTH JUDICIAL
DISTRICT COURT OF CALIFORNIA, TOGETHER WITH THAT PORTION
OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP
RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS:
CR5208PK.doc -1- PC2001-144
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BEGINNING AT THE NORTHEAST TERMINUS OF THE COURSE IN THE
CENTERLINE OF KATELLA AVENUE, DESCRIBED AS HAVING A
LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO THE COUNTY
OF ORANGE, RECORDED IN BOOK 3906 PAGE 231 OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; THENCE AT RIGHT ANGLES FROM SAID CERTAIN
COURSE NORTH 40 DEGREES 13' 41" WEST 60.00 FEET TO THE
EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF KATELLA
AVENUE, PER DEED RECORDED IN BOOK 8167 PAGE 632 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 49
DEGREES 46' 19" WEST 70.76 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY
LINE OF SAID KATELLA AVENUE, SOUTH 49 DEGREES 46' 19" WEST
106.05 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 55
DEGREES 47 38" WEST 311.48 FEET TO THE NORTHERLY LINE OF THE
SANTA FE RAILROAD RIGHT-OF-WAY; THENCE NORTH 69 DEGREES
59' 29" WEST 523.02 FEET TO THE WESTERLY LINE OF SAID RANCHO
SANTIAGO DE SANTA ANA; THENCE ALONG SAID RANCHO LINE,
NORTH 27 DEGREES 39' 30" EAST 174.84 FEET TO AN ANGLE POINT
THEREIN DESIGNATED AS SSA69; THENCE CONTINUING ALONG SAID
WESTERLY LINE, NORTH 33 DEGREES 39' 31" EAST 544.94 FEET TO A
POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF HOWELL AVE.,
PER DEED RECORDED IN BOOK 5251 PAGE 8 OF OFFICIAL RECORDS,
SAID POINT BEING IN A NONTANGENT CURVE CONCAVE SOUTHERLY
- RND HRV4NC~A RAD-IUS ~-F 482-FEET, A_RADIALT_O SAID P.O.WT BEARS
NORTH 17 DEGREES 08' 50" EAST; THENCE SOUTHEASTERLY 152.79
FEET ALONG SAID AVE., THROUGH A CENTRAL ANGLE OF 18
DEGREES 09' 43" TO THE SOUTHERLY LINE OF HOWELL AVE., PER
DEED RECORDED IN BOOK 441 PAGE 337 OF OFFICIAL RECORDS;
THENCE ALONG SAID AVE., SOUTH 54 DEGREES 41' 27" EAST 376.82
FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 7249
PAGE 767, OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 36 DEGREES 03' 15" EAST 22.36 FEET
TO THE WEST LINE OF SAID LOT 6 OF TRAVIS TRACT AND THE
WESTERLY TERMINUS OF STRUCK AVENUE, PER DEED RECORDED
IN BOOK 611 PHASE 11 OF OFFICIAL RECORDS: THENCE SOUTH 33
DEGREES 39' 31" WEST 23.81 FEET TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID STRUCK AVENUE; THENCE SOUTH 88 DEGREES
53' S1" EAST 28.02 FEET TO SAID SOUTHWESTERLY LINE; THENCE
SOUTH 36 DEGREES 03' 15" EAST 1.99 FEET TO THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE LAND
LEASED TO SHELL OIL COMPANY; THENCE SOUTH 49 DEGREES 46'
19" WEST 150.40 FEET TO THE SOUTHWESTERLY LINE OF SAID LAND;
TFiENCE SOUTH 36 DEGREES 03' 15" EAST 150.40 FEET TO THE TRUE
POINT OF BEGINNING.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 65
PAGE 5 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 24, 2001 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
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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 18.61.050.050 and 18.61.050.070 to permit an auto collision repair
and auto rental facility.
2. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the Anaheim Stadium Area in which it is proposed to be located.
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.
4. 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.
5. 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.
6. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, 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 Conditional 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:
That subject use permit shall expire in ten (10) years from the date of this resolution, on September
24, 2011.
2. That a landscaping plan for the entire site, specifying type, size and location of existing and
proposed refurbished landscaping and irrigation, shall be submitted to the Zoning Division of the
Planning Department for review and approval. The landscaping plan shall incorporate landscape
materials from the Plant Palette contained in the Anaheim Stadium Area Master Land Use Plan
Document and shall include the planting of vines on the existing chain link fencing facing Katella
Avenue. Following approved, the landscaping shall be installed and maintained in accordance with
the plan.
3. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
4. 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 rights-of-way adjacent to Katella Avenue
and Howell Avenue. The size, type and number of trees shall be provided to the satisfaction of the
Urban Forestry Division.
That signs for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signs shall be subject to
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approval by the Planning Commission as a"Reports and Recommendations" item. No signage
shall be permitted for the accessory auto rental facility.
6. That the storage of vehicle parts or business-related materials and atl work on vehicles (including
the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no
vehicular body work, painting or other business-related activities, or storage of vehicle parts or
materials, shall be allowed outside or on the roof of the buildings. Further, there shall be no
outdoor equipment permitted, including hydraulic lifts.
7. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
8. That the developer shall submit 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.
9. That the driveways on Katella Avenue and Howell Avenue shall be removed and reconstructed to
accommodate ten (10) foot radius curb returns in conformance with Engineering Department
Standard No. 137.
10. 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 ide~t~ifable-~for~ adjaeent s~re~ts or higk~ways. The walls_o-f. the storage ar_ea.~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. Additionally, the
developer shall install roofs over the trash enclosure(s) to prevent the entry of storm water. Said
information shall be specifically shown on the plans submitted for Streets and Sanitation Division for
review and approval.
11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
12. 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 plans submitted for
Streets and Sanitation Division review and approval.
13. That three (3) foot high street address numbers shalf be displayed on the roof of the buildings in a
contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be shown on plans submitted for Police Department, Community
Services Division, for review and approval.
14. That, if required by the City of Anaheim Public Utilities Department, the legal property owner shall
provide the City of Anaheim with a public utility easement. Said easement shall be submitted to the
City of Anaheim prior to connection of electrical service.
15. That any required relocation of city electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening shall be required for all pad-mounted equipment and said
screening shall be shown on plans submitted for Planning Department approval.
'{6. That all existing and proposed air conditioning facilities and other roof and ground-mounted
equipment shall be properly shielded from public view. Such information shall be specifically shown
on the plans submitted for Planning Department approval.
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17. That no banners, flags, pennants or other temporary advertising what-so-ever shall be displayed on
the premises.
18. That no exterior loudspeaker or intercom system shalf be permitted on the premises.
19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
20. 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, 2 and 3, and as conditioned herein.
21. That prior to commencement of the activity authorized by this resolution, or 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, 8, 10, 11, 12, 13, 14, 15 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.
22. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 4, 9 and 20, above-mentioned, shall
be complied with.
23. 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 reg~tla#ions. App~oval-do~s ~ot i~clude an. y-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
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
September 24, 2001.
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PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS
NOES: COMMISSIONERS: ARNOLD, VANDERBILT
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~r~ day of
Oc,~ob~.r , 200~.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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