Resolution-PC 2003-126• •
RESOLUTION NO. PC2003-126
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04719 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 7, AS SHOWN ON A MAP RECORDED IN BOOK 94, PAGE 48, OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 14, 2003 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 that said hearing was continued to
the August 25 and September 8, 2003 Commission meetings; 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 wit: to permit and retain an automobile parts
installation facility with waivers of the following:
(a) Sections 18.04.049.050 - Required enclosure of outdoor uses.
18.04.049.050.051 (Fencinca with slats screened bv fast-qrowinq vines
and 18.61.068.010 required to enclose outdoor storage where visible to the
public view;
none proposed along Miraloma Avenue to the north and
the freeway transition road to the east)
(b) Sections 18.06.050.020.022.0222 - Minimum number of parking spaces.
18.06.050.030.031 (29 spaces required;
18.06.050.030.033 19 spaces proposed and concurred with by the Traffic and
and 18.61.066.050 Transportation Manager)
2. That waiver (a), required enclosure of outdoor uses, is hereby approved in part because
there are special circumstances applicable to the property consisting of its topography, location and
surroundings which do not apply to other identically zoned properties in the vicinity; that the perimeter
fencing enclosing the outdoor storage shall be interwoven with slats in compliance with Code
requirements but that the required landscape screening of said fencing is hereby waived because, as
discussed in the paragraphs (15) and (23) of the Staff Report to the Planning Commission dated
September 8, 2003, the location of this property and the surrounding topography make it difficult to
screen outdoor storage areas in accordance with Code; and that strict application of the Zoning Code
would deprive the property of privileges enjoyed by other properties under identical zoning classification
in the vicinity.
3. That waiver (b), minimum number of parking spaces, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of spaces necessary to
accommodate all vehicles attributable to such use under the normaf and reasonably foreseeable
conditions of operation of the use; that the petitioner submitted a parking analysis letter which concludes
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that the off-street parking demand is lower than the number of spaces provided on the property and that
the number of available spaces is sufficient based on a maximum of 13 cars being observed during
weekday business operating hours; and that the City Traffic and Transportation Manager reviewed the
parking analysis and concluded that 17 parking spaces would be sufficient for this use at this location
where 19 spaces are provided.
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 traffic congestion
within the off-street parking areas or lots provided for such use.
6. 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.
7. That the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is located because the use is
located in an existing industrial area and is not adjacent to any residential or other sensitive land uses.
8. That the size and shape of the site for the automobile repair facility is adequate to allow
full operation of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare because the site provides off-street parking and, as conditioned herein, will operate
consistently with the requirements of the Municipal Code.
9. That the traffic generated by the automobile repair facility wilf not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area nor impact
the public street serving this site.
10. That granting Conditional Use Permit No. 2003-04719, under the conditions imposed, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. 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: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain an automobile parts installation
facility with waivers of required enclosure of outdoor uses and minimum number of parking spaces on an
irregularly-shaped 0.46-acre property located at the eastern terminus of Sunshine Way, having a frontage
of 65 feet on the north side of Sunshine Way and a maximum depth of 225 feet, and further described as
1280 North Sunshine Way; 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:
1. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department,
Streets and Sanitation Division, including gates and a roof over the trash enclosure(s) to prevent
entry of storm water, in accordance with ciry standards. Said information shall be specifically
shown on plans submitted to the Streets and Sanitation Division for review and approval.
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2. Recommended Condition No. 2 was intentionally de/eted at the September 8, 2003 public hearing.
3. That the commercial lift located on the property shall be removed or relocated to the interior of the
building.
4. That any barbed wire shall be revmoved from the public view, and PVC or vinyl slats (to replace the
wooden slats) shall be installed in the chain link fencing along the north and east property lines.
5. 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.
6. That the property
7. 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.
8. That there shall be no outdoor storage in any required parking area; and that outdoor storage shall
be limited to those areas shown on the approved exhibits.
9. That customer parking spaces shall be striped and clearly marked for `customer parking only,' and
at no time shall customer vehicles be stacked, double parked or left standing in tandem in front of,
or adjacent to, the building. Said information shall be specifically shown on plans submitted for
Zoning Division approval.
10. That there shall be no loading or unloading of vehicles on the public street. No vehicles, whether
operating or not, including tow vehicles shall be parked, stored or displayed on the public street.
11. That four (4) foot high 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 the street or adjacent
properties. Said information shall be shown on plans submitted to the Police Department,
Community Services Division, for review and approval.
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,
601 and 602 pertaining to parking standards and driveway locations. Within thirty (30) days from
the date said plans are approved, subject property shall be developed in accordance with the
approved plans and shall thereafter be maintained in conformance with said plans.
13. That any required relocation of city electrical facilities shall be at the developer's expense; and that
landscaping and hardscaping shall be provided to screen any pad-mounted equipment which may
be required for this property.
14. That the applicanUproperty owner shall file an Emergency Listing Card, Form APD-281, with the
Police Department.
15. 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 No. 1; provided, however, that PVC or vinyl slats (to replace the
wooden slats) shall be interwoven into the perimeter fencing enclosing the outdoor in compliance
with Section 18.04.049.050 (pertaining to required enclosure of outdoor uses in industrial zones);
and as conditioned herein.
16. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 3, 4, 8, 10, 11, 13 and
14, 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.
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16. 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 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 8, 2003.
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, ANAHEIM CITY PLANNING COMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 8, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
, 2003.
BOSTWICK, EASTMAN, FLORES, ROMERO, VANDERBILT
NONE
O'CONNELL
ONE SEAT
REOF, I have hereunto set my hand this ~J day of
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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