Resolution-PC 2001-6~ ~
RESOLUTION NO. PC2001-6
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-0272 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:
PARCEL 1 OF PARCEL MAP NO. 81-235, AS SHOWN ON A MAP FILED IN
BOOK 163, PAGES 5 AND 6 OF THE PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4, OF A MAP FILED IN BOOK 177, PAGES 28 AND 29 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 17, 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
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration af atl 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 18.110.070.050.0544 to permit expansion of an existing automotive
dealership with waivers of the following:
(a) Sections 18.05.093.010
and 18.110.070.120
(b) Sections 18.05.093.040
and 18.110.070.120
(c) Section 18.110.070.080.0803
- Maximum number of monument siQns.
- Minimum distance between monument siqns.
- Maximum floor area ratio (FAR).
(0_5 floor area ratio permitted;
0.53 floor area ratio proposed in connection with a parking
garage to be constructed on Portion B)
(d) Sections 18.110.070.090.0902(ii) - Permitted encroachments into reauired yards.
and 18.110.070.100 - (Displav vehicles are not permitted to encroach into the front
65-foot setback along arterial highways;
displav vehicles qroposed within the required setback area
adjacent to La Palma Avenue for Portions A, B and C)
1. That waivers (a) and (b), maximum number of monument signs and minimum distance
between monument signs, are hereby denied on the basis that the petitioner submitted a modified sign
program following public notification of this project, deleting the previously proposed monument sign for
Portion C.
2. That waiver ( c), maximum floor area ratio, is hereby approved on the basis that it is a
minor deviation (0.53 FAR instead of 0.50 FAR is only 6% higher than permitted) and would not
measurably impact area-wide infrastructure because at least 50% of the proposed parking structure will
consist of non-habitable floor area; and that strict application of the Zoning Code would deprive the
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property of privileges enjoyed by other similar properties in the vicinity because neighboring properties in
the area enjoy with a FAR greater than 0.50.
3. That waiver (d), permitted encroachments into required yards, is hereby approved on the
basis that Development Area 2 of the Northeast Area Specific Plan (SP94-1) consists of development
standards created primarily for industrial/office parks, and this development area does not have any
standards which are directly applicable to the establishment of auto dealerships that rely on displays as
part of their business; and that strict application of the Zoning Code would deprive this property of
privileges enjoyed by the neighboring auto dealership (Land Rover).
4. That the proposed expanded auto dealership, as designed and as described in the
submitted letter of operation, will not adversely affect the adjoining industrial land uses or the growth and
development of the area in which it is proposed to be located.
5. That the site is adequate for expansion of this auto dealership and will allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
6. That the traffic generated by this expansion will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
7. 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.
8. ~hat no one indicated their presence atthe pablic hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit expansion to an existing automotive
deatership facility with waivers of maximum number of monument signs (deleted), minimum distance
between monument signs (deleted), maximum floor area ratio and permitted encroachments into required
yards on three parcels described as follows: Portion A is a rectangularly-shaped 1.1-acre property
located at the northwest corner of La Palma Avenue and Brasher Street, having frontages of 100 feet on
the north side of La Palma Avenue and 304 feet on the west side of Brasher Street, and further described
as 5375 East La Palma Avenue); Portion B is an irregularly-shaped 5.02-acre property located at the
northeast corner of La Palma Avenue and Brasher Street, having frontages of 206 feet on the north side
of La Palma Avenue and 987 feet on the east side of Brasher Street, and further described as 5395 East
La Palma Avenue and 1370 - 1400 North Brasher Street; and Portion C is an irregularly-shaped 12.2-
acre property having a frontage of 501 feet on the north side of La Palma Avenue, a maximum depth of
1,325 feet and being located 270 feet east of the centerline of Brasher Street, and further described as
5401 East La Palma Avenue; and does hereby approve the Negative Declaration upon finding 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 and 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 grant subject Petition for Conditional Use Permit, in part, 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 plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing how the vehicular security gates and vehicle turn-around areas will function. Said
information shall be specifically shown on plans submitted for building permits.
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2. 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 the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
3. 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. Said information shall be specifically
shown on plans submitted for building permits.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
5. That trash storage area(s) shall be maintained in the location(s) and in the condition acceptable to
the Public Works Department, Streets and Sanitation Division, and in accordance with approved
plans on file with said Department. Said storage areas shall be designed, focated and screened so
as not to be readily identifiable from adjacent streets or highways.
6. That all air conditioning facilities (and any other roof- and/or ground-mounted equipment) shall be
properly shielded from view. Said information shall be specifically shown on places submitted for
building permits.
7. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Deta~t No. 640 and shaff-be shown on plans as required by the Stree4s and SaRitatron
Division. Said area shall be shown on plans submitted for building permits.
8. That in order to prevent vehicular conflicts with auto transport trucks, a delivery plan regarding
transportation of new vehicles to this site shall be submitted to the City Traffic and Transportation
Manager for review and approval prior to issuance of a building permit. Said plan shall be
implemented continuously during the course of the operations permitted under this conditional use
permit.
9. That the on-site maintenance of vehicles shall be permitted only inside the buildings, and no outdoor
servicing or repair shall be permitted on the premises.
10. That no "compact" or "small car" parking spaces shall be permitted.
11. That all vehicle ramps and grades shall conform with Engineering Standard Plan No. 402, and shall
be approved by the City Traffic and Transportation Manager. Said information shall be specifically
shown on plans submitted for building permits.
12. That the developer/property owner shall pay the cost of installation of red curbing on the east side of
Brasher Street (approximately three hundred (300) linear feet at a current approximate cost of three
hundred dollars ($300.00) prior to the issuance of the first building permit.
13. That the storage or overnight parking of vehicles (including inventory vehicles) shall be confined
entirely to the interior of the buildings or inside the parking garage or inside screened (walled-in)
parking lot areas. The storage of vehicle parts or business-related materials and all work on vehicles
(including the washing of vehicles) shall be confined to the interior of the service building. Absolutely
no vehicle body work, painting or other business-related activities, or storage of vehicle parts or
materials shall be allowed outdoors.
14. That a final landscaping plan shall be submitted to the Zoning Division for review and approval. The
final landscaping plan shall include information specifying type, size and location of proposed plants,
proposed irrigation facilities and detailed plans regarding the hardscape improvements for the
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display vehicle areas. Following approval, the landscaping and hardscape shall be installed and
maintained in accordance with the approved plans. Any decision made by the Zoning Division
regarding said plan may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
15. That no Special Event Permits (including inflatable balloons) shall be issued for temporary outdoor
advertising or events for this site.
16. That three (3) 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 nearby streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
17. That any requests for security devices (i.e., bollards, chains and posts, fencing, etc.) for the outdoor
inventory vehicles shall be reviewed and approved by the Zoning Division. The decision by the
Zoning Division may be appealed to the Planning Commission as a"Reports and
Recommendations" item.
18. That due to the change in use and/or occupancy of the building located at 5401 East La Palma
Avenue, 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.
19. 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. Any add+tional signs shall be subjeet to
approval by the Planning Commission as a"Reports and Recommendations" item.
20. That all employee parking shall be limited to the employee parking areas on the properties (Portions
A, B and C) or to the parking garage. ~
21. That no display or inventory vehicles shall be permitted within any required landscaped setback
areas.
22. That this use permit is for a single auto dealership. If additional dealerships or separate businesses
are proposed (i.e., an independent automotive repair facility, separate automotive leasing company,
etc.), a new conditional use permit shall be required.
23. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit Nos. 3749 (to permit a business office in the ML Zone at 1400 North Brasher Street) and
2988 (to expand the existing auto sales/service facility to include a car wash/prep area, storage
garage and employee parking at 5395 East La Palma Avenue) to the Zoning Division.
24. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer (or a
waiver shall be obtained from the City Engineer); and that said sidewalk shall be build in
accordance with standard plans and specifications on file in the Office of the City Engineer.
25. That all pedestrian and vehicular access doors shall be painted off-white to blend with the exterior
building walls. Said information shall be specifically shown on plans submitted for building permits.
26. 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 8, and as conditioned herein.
27. 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. 1, 2, 3, 6, 7, 8, 11, 12, 14, 16, 18, 23 and 25,
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above-mentioned, shall be compiied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
28. That prior to final building and zoning inspections, Condition Nos. 24 and 26, above-mentioned, shall
be complied with.
29. 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 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
January 17, 2001.
CHAIRPERSON NAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 January 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
, 2001.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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