Resolution-PC 2003-41• ~
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RESOLUTION NO. PC2003-41
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC99-187 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4156
WHEREAS, on October 25, 1999, the Anaheim City Planning Commission did, by its
Resolution No. PC99-187, grant Conditional Use Permit No. 4156, in part, to permit an automobile
dealership with waivers of required parking lot landscaping (denied), permitted location of freestanding
sign (approved in part) and permitted encroachment into required yards (approved); and that said
resolution includes the following conditions of approval:
13. That subject conditional use permit shall expire ten (10) years from the date of this
resolution, on October 25, 2009.
16. 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 5(consisting of
1`site plan,' 2`planting plan for the vehicle display area, including the monument
sign ; 3 floor plan ; 4`exterior elevations' and 5`monument sign ); provided,
however, that the monument sign shall be located between the two driveways (i.e.,
minimum 80 feet from the east property line) and as conditioned herein.
WHEREAS, this_~roperty is developed with an industrial park (Canyon Commerce Center)
and two automotive dealerships including a Land Rover dealership at 5445 East La Palma Avenue; that
the zoning is Development Area 2(Expanded Industrial Area) of the Northeast Area Specific Plan (SP 94-
1); and that the Land Use Element of the General Plan designates the property for General Industrial
land uses; and
W HEREAS, the petitioner proposes expanding the previously-approved Land Rover
automotive dealership, revising the previously-approved exhibits, amending the conditions of approval
pertaining to signage and the 10-year time limitation, and waiver of maximum number of wall signs; and
that the proposed expansion into two adjacent tenant spaces is shown on new Exhibit No. 6 and includes
renovating a number of areas within the existing facility (no new building floor area is proposed); and
WNEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 10, 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 amendments 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 use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by Sections 18.03.092 and 18.110.070.050.0544 of the Anaheim Municipa! Code in
Development Area 2(Expanded Industrial Area) of the Northeast Area Specific Plan.
2. That the waiver of maximum number of wall signs is hereby denied because it was deleted
following public notification when it was determined to be unnecessary, as discussed in paragraph (14) of
the Staff Report to the Planning Commission dated March 10, 2003 (Item No. 4).
Tracking No. CUP2003-04666
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3. That the use, as amended and as conditioned herein, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is located because of the property's
proximity to other similar automotive uses.
4. That the size and shape of the site for the use, as amended, 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.
5. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. That this use permit has not been exercised contrary to the terms or conditions of its
original approval, or in violation of any statute, ordinance, law or regulation.
7. That this use permit has not been exercised so as to be detrimental to the public health or
safety, or so as to constitute a nuisance.
8. That the proposed modifications, including deletion of the time limitation and imposition of
additional conditions hereto, is reasonably necessary to protect the public peace, health, safety or general
welfare, and necessary to permit reasonable operation under the conditional use permit as originally
granted.
10. 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 and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4156 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
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 amend Resolution No. PC99-187, adopted in connection with Conditional Use Permit No. 4156, to
permit expansion of the automotive dealership at 5445 East La Palma Avenue; and to amend the
conditions of approval in their entirety (including deletion of the 10-year time limitation) to read as follows:
1. That the landscaped planters shall be permanently maintained with live and healthy plants.
2. That if new or upgraded electrical service is required, the legal owner of the subject property shall
provide the City of Anaheim with a public utilities easement to be determined as electrical design is
completed.
3. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
4. 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.
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5. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. fnstallation 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.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
7. That an on-site trash truck turn around area shall be maintained in accordance with Engineering
Standard Detail No. 610 and as required by the Department of Public Works, Street Sweeping and
Sanitation Division.
8. That at all times during operation of this facility, the plan approved by the City Traffic and Transportation
Manager to prevent vehicle conflicts with auto transport trucks shall be continuously implemented.
9. That the on-site maintenance of vehicles shall be permitted only inside the building; and that no
outdoor servicing or repair shall be permitted on the premises.
10. That the storage or overnight parking of vehicles (other than vehicle inventory), vehicle parts, or
business-related materials and all work on vehicles (including the washing of vehicles) shall be confined
entirely to the interior of the building. Absolutely no vehicular body work, painting or other business-
related activities, or storage of vehicle parts or materials (other than vehicle inventory) shall be allowed
outdoors.
11. That a maximum of forty nine (49) inventory vehicles, excluding the ten (10) display vehicles, may be
stored outside the building. With the exception of the five (5) display vehicles permitted ten (10) feet
from La Palma Avenue, said outdoor storage shall occur only behind the minimum sixty five (65) foot
building setback along La Palma Avenue.
12. That no Special Event Permits (including inflatable balloons) shall be issued for temporary outdoor
advertising or other events at this site.
13. That three (3) foot high street address numbers shall be maintained on the roof of the building in a color
contrasting to the roof material. The numbers shall not be visible to the nearby street or adjacent
properties.
14. That any proposed elevation changes to the building or new wall signs shall be reviewed and approved
by the Zoning Division. Any decision by Zoning Division staff may be appealed to the Planning
Commission as a`Reports and Recommendations' item.
15. That subject property shall be developed substantiafly 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 6; provided, however, that the monument sign shall be
located befinreen the two driveways (i.e., minimum eighty (80) feet from the east property line); and as
conditioned herein.
16. That prior to commencement of the activity authorized by this resolution (i.e., expanding the existing
auto dealership into two adjacent tenant spaces and renovating areas within the existing faciliry), or
prior to issuance of a building permit for the expansion and/or renovation, or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 5 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.
17. That prior to the final building and zoning inspections, Condition No. 15, above-mentioned, shall be
complied with.
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18. 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.
19. That any off-loading of vehicles shall take place on-site only, and not on any public street.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2003.
CHAIRPE SON, A AHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris,, 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 March 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3r~ day of
' L , 2oos.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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