Resolution-PC 2007-87~,`~' ~
: RESOLUTION NO. PC2007-87
A RESOLUTION OF TME ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONALUSE PERMIT N0. 2007-05228 BE GRANTED
~ (1234 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim 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:
FARCEL 1:
THE EASTERLY 30 FEET OF LOT 1 OF TRACT NO. 3351,1N THE CITY OF ANAMEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ONA :
MAP RECORDED IN BOOK 110, PAGES 5 T0 7JNCLUSIVE OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOTS 2 AND 3 OF TRACT NO. 3351, IN THE CITY OF ANAHEIM, COUNTY OF -
ORANGE, STATE OF CALIFORNIA, S SHOWN ON A MAP RECORDED IN BOOK 110,
PAGES 5 T07JNCLUSIVE OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE MOST SOUTHERLY 50 FEET OF SAID LOT.
_ WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 23, 2007, at 2:30 p.m., notice of said public hearing havingbeen duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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 this request to permit an automotive dealership in an existing commercial building is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No.
18.08.030.040.0402 (Automotive Car Sales & Rental) with waiver of the following provision:
SECTION NO. 18.08.060.010 Minimum landscape setbacks abuttinq an
arterial hiahwav 15 feet required; 2 to 5 feet
proposed)
2. That the waiver pertaining to minimum landscape setback is hereby approved because there :
are other automobile dealerships in the immediate vicinity which also enjoy reduced setbacks for the display
of vehicles. The encroachment of the display area into the street setback is appropriate for this location to
allow for the display of vehicles for sale. There are other buildings in the vicinity with setbacks that are less
than code requirements. Denial of this waiver would deprive this property of. a privilege enjoyed by other
properties with the same zoning in the vicinity.
3. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the site can accommodate the combined uses proposed
and there are other similar land uses in the vicinity.
4. That the tra~c generated by the proposed auto sales facility will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
Cr\PC2007-87 -1-' PC2007-87 '
~ ~
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIRONMENTAI: QUALITY ACT FINDING: :The Planning staff has
determined thatthe proposed project falls within the definition of Categorical Exemptions, Section 15301,
Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement toprepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subjecf Petition for Conditional Use Permit, 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
health and safety of the `Citizens of the City of Anaheim:
Prior to issuance of a buildins~ permit or within a period of one (1) vear from the date of this '
resolution, whichever occurs first. the followina conditions shall be complied with:
1. That within 90 days from the'date of approval of this project, the developer shall remove the existing
wrought iron fence along the Anaheim Boulevard frontage.
2. That final plans for the four vehicle display pads shall be submitted to the Planning Services Division
for review and approval. Any decision by the Planning Division may be appealed to the Planning
Commission as a Reports and Recommendations item. :
3. That final signplans shall be submitted to the Planning Services Division for review and approval. Any .
decision by the Planning Division may be appealed to the Planning Commission as a Reports and
Recommendations item.
Prior to finat buildinq and zonin~ inspections the followin4 conditions shall be complied with:
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 and 2, and as conditioned herein.
5. That rooftop address numbers for tf~e potice helicopter shall be painted on the roof with a minimum
size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches
thick and the numbers should be spaces 12 -18 inches aparf, painted in a contrasting color to the roof
materiaL
6. That an Emergency Listing Card, Form APD-281 shall be filed with the Police Department, available at
the Police Department front counter.
General Conditions:
7. That automobile repair shall not be permitted on the premises.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. -
9. 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 the time of discovery.
-2- PC2007-87
~' ~
10. That gates shaU not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to
the Engineering Standard Plan No. 475 and.shall be subject to he review and approval of the City
Traffic and Transportation Manager prior to the issuance of a building permit.
11. That timing for compiiance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satis~es the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
12. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
13. 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 Planning Commission does hereby find and
determine thaf 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay ali 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
July 23, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
CHAIR AN, AHEtM PLAN I G COMMiSSION .
ATTEST:
/1'~~s - r
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
~ ~
~
STATE OF CALIFORNIA )
C~UNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
#hat the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission '
held on July 23, 2007, by the following vote of the members thereof:
AYES; COMMISSfONERS: BUFFA, EASTMAN, FAESSEL, KARAKI
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, ROMERO, VELASQUEZ
N WITNESS WHEREOF, I havefiereunto set my hand this .~~_ day of
av v , 2007.
i`~y~c.o
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION