Resolution-PC 2003-62~ ~
RESOLUTION NO. PC2003-62
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC97-47 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3927
WHEREAS, on April 28, 1997, the Anaheim City Planning Commission did, by its
Resolution No. PC97-47, grant Conditional Use Permit No. 3927 to permit an automobile repair facility
inside an existing 10,585 square foot industrial building and to construct a 1,600 square foot mezzanine
storage area at 1480 North Lakeview Avenue with waiver of minimum number of parking spaces (67
spaces required, 26 spaces approved); and
WHEREAS, subject property is located at the northeast corner of Eisenhower Circle and
Lakeview Avenue in Development Area 2(Expanded Industrial Area) of the Northeast Area Specific Plan
No. 94-1; that the General Plan land use designation is General Industrial; and that the property is
developed with an automotive repair business specializing in Porsche, BMW and Mercedes Benz cars
(Haydon Brothers Automotive); and
WHEREAS, the petitioner proposes to amend the conditional use permit to allow
accessory retail sale of pre-selected vehicles at the existing automobile repair business; that no
significant modifications to the existing facility are proposed, only minor change consisting of the addition
of five interior parking spaces (for a total of eight interior spaces) and three retail display spaces in the
outdoor parking lot; and that a waiver of the minimum number of parking spaces is also requested (42
parking spaces required, including 4 display spaces, for the proposed auto repair and sales facility; 32 _
spaces proposed, including 8 interior spaces); and
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 21, 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
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 amendment is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.110.070.050.0544 to wit: to permit accessory retail
automobile sales in conjunction with the previously-approved automotive repair business with waiver of
the following:
Sections 18.06.050.020.022.0222 - Minimum number of parkinq sqaces.
18.06.050.020.022.0223 (42 spaces required;
and 18.110.070.110 32 spaces proposed and concurred with by the City Traffic and
Transportation Manager)
2. That the waiver of minimum number of parking spaces is hereby approved based on the
conclusions contained in the revised parking study, prepared by Weston Pringle and Associates and
dated January 23, 2003, which analyzed the parking needs for the existing automotive repair business
and the proposed accessory retail automobile sales, and which determined that the proposed addition of
accessory retail vehicle sales will not adversely affect the available parking supply, as discussed in
paragraphs (8) and (9) of the Staff Report to the Planning Commission (Item No. 8) dated April 21, 2003.
Tracking No. CUP2003-04680
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3. That the parking waiver, under the conditions imposed (including that the maximum
inventory of for-sale vehicles is four or less), 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 such use.
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 the demand and
competition for parking spaces upon adjacent private property in the immediate viciniry 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 Anaheim Municipal Code).
6. 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.
7. 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.
8. That the proposed amendment of this Conditional Use Permit to permit accessory
automobile sales in connection with an existing automotive repair business will not adversely affect
adjoining land uses and the growth and development of the area in which it is proposed to be located;
and that the proposed combination of automotive repair with accessory retail automobile sales is
compatible with the surrounding industrial land uses.
9. That the size and shape of the site for the use, as proposed to be 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.
10. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area; and
that the revised parking study, which was approved by the City Traffic and Transportation Manager,
indicates on-site parking and circulation are adequate and will not adversely affect the surrounding land
uses.
11. That amending 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.
12. 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 accessory retail automobile sales in
conjunction with a previously-approved automotive repair business with waiver of minimum number of
parking spaces and does hereby find that the Negative Declaration previously approved in connection
with Conditional Use Permit No. 3927 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 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC97-47, adopted in connection with Conditional Use Permit No.
3927, to permit accessory retail automobile sales in conjunction with the previously-approved automotive
repair business at 1480 North Lakeview Avenue; and that the waiver of minimum number of parking
spaces is also amended as proposed; and
BE IT FURTHER RESOLVED that the conditions of approval be amended in their entirety
to read as follows:
1. That the number of employees shall be limited to nine (9) persons and a minimum of thirty two (32)
parking spaces (including eight (8) interior spaces) shall be maintained on this property as specified
in the approved parking study prepared by Weston Pringle and Associates and dated January 23,
2003.
2. That a maximum of three (3) retail display spaces shall be permitted in the outdoor parking lot and a
maximum of four (4) retail vehicles shall be permitted on-site at one time.
3. Condifion No. 3 was intentionally deleted at the May 5, 2003 public hearing.
4. That the existing trees shall be maintained within the landscaped setback area in compliance with
Ciry standards.
5. That the proposal shall comply with all signing requirements of Development Area 2(Expanded
Industrial Area) of the Northeast Area Specific Plan No. SP94-1 unless a variance allowing sign
waiver(s) is approved by fhe ~lanning Commission or Cify Council. ~hat freestanding signage shall
be limited to the existing monument sign.
6. That no banners or other advertising shall be displayed within the service bays facing the public
rights-of-way.
7. That the property shall 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 no outdoor storage of, display of, or work on vehicles or vehicle parts shall be permitted.
9. That granting of the parking waiver is contingent upon operation of the approved use in conformance
with the assumptions relating to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions, as contained in the parking demand study, shall
be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this
conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091
and 18.03.092 of the Anaheim Municipal Code.
10. That an on-site trash truck turn-around area shall be maintained to the satisfaction of the Public
Works Department, Streets and Sanitation Division.
11. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the latest versions of Engineering Standard Plan Nos. 436, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
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12. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a
contrasting color to the roof material, provided that said numbers shall not be visible to the adjacent
streets or properties.
13. That if new or upgraded electrical service is required, the fegal owner of the subject property shall
provide the City of Anaheim with a public utilities easement to be determined as electrical design is
completed.
14. That any required relocation of City 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.
15. That, as indicated in the letter of operation submitted by the petitioner, the business hours shall be
limited to the following:
Monday through Friday: 6:30 a.m. to 6 p.m.
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 Revision No. 1 of Exhibit Nos. 1 and 2, and Exhibit Nos. 3 through 5; and as
conditioned herein.
16. 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. 11,.12
17. and 16, above-mentioned, shall be complied with.
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.
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
April 21, 2003.
CHAIR ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 April 21, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003.
/! i~v'`~''°~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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