Resolution-PC 2004-99~ , •
' RESOLUTION NO. PC2004-99
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC 90-24 ADOPTED IN CONNECTION WITH
CONDITIONA~ USE PERMIT N0. 3235
(1381 EAS7 AUTO CENTER DRIVE)
WHEREAS, on January 29, 1990, Resolution No. PC90-24 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 3235 and permit an auto sales and service
center with waivers of minimum number of'parking spaces, minimum structural setback and required
improvement of parking areas on property located at 9 381 East Auto Center Drive.
WHEREAS, Resolution No. PC 90-24, adopted in connection with subject use permit,
includes the following condition of approvaL•
"18. 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 Departmenf marked Exhibit Nos. 1 through 4, provided, however
that landscaping consisting of minimum fifteen (15) gallon sized trees shall be scattered
across the roofparking area."
WHEREAS,the petitioner has requested to amend said condition of approval to expand the
existing auto sales and repair facility by enclosing an existing canopy cover'and constructing a trellis canopy
for outdoor display.
WHEREAS, this property is developed with an automobile sales and repair facility (Hardin
Honda) in the GG (Commercial General) zone; and the Anaheim General Plan designates theproperty for
General Commercial land uses; and is situated in the City of Anaheim, County of Orange, State of California,
described as
BEGINNING AT A POINT IN THE CEN7ERLINE OF EATON WAY 40.00 FEET WIDE, AS
DESCRIBED IN DEED RECORDED IN BOOK 352, PAGE 82 OF OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DIS7ANT ALONG SAID CENTERLINE SOUTH 00° 28' OT' WEST 420.59 FEETFROM THE
CENTERLINE OF BALL ROAD 60.00 FEET WIDE, AS DESCRIBED W SAID DEED, SA1D
POINT ALSO BEING THE NORTHEASTERLY TERMINUS OR THAT CERTAIN COURSE
DESCRIBED AS A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
1000.00 FEET, IN PARCEL 3A OF THE FINAL ORDER OF CONDEMNATION, SUPERIOR :
COURT CASE NO. 145654, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH
23, 1967 IN BOOK 4206, PAGE 507 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE SOUTHWESTERLY ALONG SAID CURVE FROM A TANGENT WHICH
BEARS SOUTH 56° 39' 23" WEST, THROUGH A CENTRAL ANGLE OF 35° 53' S8" AN
ARC DtSTANCE OF 626.56 FEET TO THE CENTERLtNE OF TAFT AVENUE, 40.00 FEET
WIDE, AS DESCRIBED IN SAID DEED; THENCE EASTERLY AND NORTHERLY ALONG
SAID CENTERLINE OF TAFT AVENUE AND EATON WAY TO THE POINT OF
BEGINNING.
- WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 8, 2004, 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
18.66.040.030, to hear and consider evidence for and against said proposed amendment 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 #ollowing facts: '
1. That the proposed expansion is properly one for which a conditional use permit is authorized
byAnaheim Municipal Code Section 18.08.030.040.0402. '
2. That the expansion would not adversely affect the adjoining land uses and the growth and ,
development of the area in which it is located based on the fact that the proposed expansion is accessory to
the existing automotive sales and repair business. ,
3. That the size and shape of the site for the use is adequate to allow ful.l operation of the
proposed expansion in a manner not detrimental to the area nor to the health and safety.
4. That the traffic generated by the use would not impose an undue burden upon the streets and
highways designed and improved to carry traffic in the area since there is adequate on-site circulation for an :
automotive sales agency at this location.
5. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and thaf no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: That the Anaheim CityPlanning '
Commission has reviewed the proposal to amend previously-approved exhibits to construct a new display
canopy and enclose an existing canopy within an existing automotive sales and repair facility and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit Na
3235 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend, in its entirety, the conditions contained in Resolution No. PC90-24 to read as follows:
1. That the landscape planters shall be permanently maintained with live and healthy plant materials.
2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dead.
3. 7hat the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That any proposed roof-mounted equipment shall be completefy screened from view in all directions by
properly designed and maintained design elements of the building. Said information shall be specifically
shown on plans submitted for building permits.
5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting
shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
6. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval
showing confo.rmance with the current version of Engineering:Standard Plan Nos. 436, 470, 471, 472, 473
and 475 pertaining to parking standards and driveway locations. Said information shall be specifically
shown on plans submitted for building permits.
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7. That there shall be no public telephones on the premises located outside the building.
8. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit.
9. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication. !
10. That the property shall be permanently maintained in an orderly fashion by providing regular lands~ape
maintenance, removal of 4rash or debris, and removal of graffiti within twenty-four (24) hours from time of
occurrence:
11: That minimum five (5) galfon size shrubs shall be planted and maintained around the existing above-ground
ufility device along Auto Center Drive to screen it from public view said information shall be specifically
' shown on plans submitted for building permits.
12. That no vehicles may be displayed in any landscaped areas. Any such existing display shall be removed. .
13. That roof-mounted inflatable devices shall not be permitted: _
14. 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 the numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
15. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets
and Sanitation Division to comply with approved plans on file with said Department. Said information shall
be specifically shown on plans submitted for building permits.
16. That if required to serve the new construction, the property owner shall provide the City of Anaheim
Electrical Engineering Division of the Public Utilities Department with a public utilities easement to be
determined as electrical design is completed. .
17. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the
developer.
18. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
19. That no vehicular body work, painting or other business-related activities, or storage of vehicfes, vehicle
parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings.
20. 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 adjacenf to
the buildings.
21. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
. screened by architectural devices and/or appropriate building materials. Said information shall be :
specifically shown on the plans submitted for building permits.
22. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
23. That a landscape plan shall be submitted to the Pfanning Services Division for review and approval for the
reconfigured area and incorporating a 24-inch box sized trees planted at a ratio of one tree for every 20 feet
of street frontage. Any decision by staff regarding said plan may be appealed to the Planning Commission
as a Reports andRecommendation ltem.
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24. That the property shall be developed substantiallyin accordance with plans and specifications su6mitted 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; 4, 5'and 6, as conditioned herein.
25. That prior to issuance of a buildingpermit, or within a period of one (1) year from the date of this resofution,
whichever occurs first, Condition Nos. 4, 5, 6, 12, 14, 15; 18, 21 and 23'above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with Section
" 18.60.170 of the Anaheim Municipal Code. ~
26. That prior to final building and zoning inspection, Condition Nos.' 11 and 24, above mentioned, shall be
complied with.
27. ~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. '
AND BE lT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final invoice
or prior tothe issuance of building permits for this project, whichever occursfirst. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application. '
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to a peal procedures'and may be replaced by a City
Council Resolution in the event of an appeaL . ~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATT.~T: _
~~-~~~.~ ~Y~'
SENI~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resoiution was passed and adopted at a meeting of the Anaheim City Pfanning
, Commission held on September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQIJEZ
NOES: COMMISSIONERS: ~
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2004.
i
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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