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a
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and/or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a)
(b)
Agent: EMI
4737 West 156~h Street
Lawndale, CA 90260
Location: 1303-1371 North Euclid Street
Request review and approval of a final sign plan for an existing auto
dealership.
nute
1B. Receiving and approving the Minutes from the Planning Commission
Meeting of October 29, 2007. (Motion)
Pmjecf Planner:
(kwong2Qanaheim.pet)
H:\docs\clerical\agendas\(111407 ).doc (11 /14/07 )
Page 2
a
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
2b. CONDITIONAL USE PERMIT NO. 2007-05259
Owner: Patrick J. and Tarry L. Meurs
17980 Via :Buena Vida
Yorba Linda, CA 92886
Agent: Sequoia Deployment Services
Att: Paul Gerst
1 Venture, Suite 200
Irvine, CA 92618
Location: 528 South CenVal Park Avenue West: Property is
approximately 0.38-acre, having a frontage of 127 feet on
the east side of South Central Park Avenue West and is
located 379 feet south of Santa Ana Street.
Project Planner:
Request to construct a telecommunications facility disguised as a palm (Rwong2Qanaheim.net)
tree with accessory ground-mounted equipment.
Conditional Use Permit Resolution No.
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2334
(TRACKING NO. CUP 2007-05260)
Owner: Ottis E. and Elinor D. Pittman
1621 North Lindendale Avenue
Fullerton, CA 92831
California Auto Dealers
1320 North Tustin Avenue
Anaheim, CA 92807
Agent: Tim Van Dam
CADE
3185 Pullman Avenue
Anaheim, CA 92626
Location: 1320 North Tustin Avenue and 1401 North Jefferson
Street: Property is approximately 36-acres, having
frontages on Tustin Avenue and Jefferson Street, with a
frontage of 1.,455 feet on the east side of Tustin Avenue,
351 feet south of Orangethorpe Avenue and a frontage of
250 feet on the west side of Jefferson Street, 697 feet
south of Orangethorpe Avenue.
Request to permit an additional outdoor automotive storage yard for an
existing vehicle auction facility with waiver of minimum setback for Pmject Planner.
OUtdOpr Storage and fencing. (ethienQanaheim.net)
Conditional Use Permit Resolution No.
H:\dots\clerical\agendas\(111407).doc (11 /14/07)
Page 3
Adjourn To Monday, November 26, 2007 at 1:00 P.M. for a
workshop on The Greater Downtown of Anaheim Guidelines for
pevelopment and Preliminary Plan Review.
H:\dots\clerical\agendas\(111407).doc (11 /14/07 )
Page 4
1
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.m. November 8, 2007
(TIME) (DATE)
LOCATION: COUNCIL CH BER DISPLAY CASE AND
t IL DISPLAY KIOSK
SIGNED: ~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to :participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City ko make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
H:\docs\clerical\agendas\(111407 ).doc (11 /14/07)
Page 5
Item No. 1A
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ROMNEYA DRIVE
Conditional Use Permit No. 4177
(Tracking Nos. CUP 2007-05221 and CUP 2007-05267)
Requested By: EMI
1303 - 1371 North Euclid Street, Miller Toyota of Anaheim
Subject Property
Date: November 14, 2007
Scale: 1 ° = 200'
Q.S. No. 44
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ATTACHMENT NO. 2
RESOLUTION NO. PC2007-106
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2007-05221 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF CITY COUNCIL
RESOLUTION N0.2000R-67
(1303-1371 NORTH EUCLID STREET)
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:
PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 80-234 AS SHOWN ON A MAP
FILED IN BOOK 15Q PAGES 2 AND 3 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO
THE STATE OF CALIFORNIA, RECORDED JUNE 23, 1999 AS
INSTRUMENT NO. 19990465854 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 2;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL
2 SOUTH 80°33'00" EAST 100.00 FEET; THENCE SOUTH 09°27'00" WEST
0.75 FEET TO A LINE PARALLEL WITH AND: 0.75 FEET SOUTHERLY OF ,
SAID NORTHERLY LINE; THENCE ALONG SAID PARALLEL 80°33'00"
WEST 99.87 FEET TO -THE WESTERLY. LINE OF SAID PARCEL 2;
THENCE ALONG SAID WESTERLY LINE NORTH 00°13'40" WEST 0.76
FEET TO THE POINT OF BEGINNING:
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 having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures'i, 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 public hearing was continued to the September 5, and September 17, 2007
public hearing; 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 ak said
hearing, does find and determine the following facts:
1. That the freeway-oriented sign in conjunction with an existing automotive sales
dealership is properly one for which a conditional use permit is authorized by the Anaheim
Municipal Code Section 18.44.050:010.0103 (Freeway-oriented Signs) with waivers of the
following provisions:
-1- PC2007-106
SECTION NO. 18.44.100.010
SECTION NO. 18.44.100.030.0301.
SECTION NO. 18.44.100.060
Minimum lot size of an automotive
dealership to permit a freeway-oriented
sien•
(10 acres required; 6_4 acres proposed)
Maximum area for the face of a sien.
(125 s.f. permitted; not to exceed 600
s.f. proposed)
Maximum ~rmitted height of a
freeway-oriented si¢rr.
30 feet permitted; 75 feet proposed)
2. That the waiver pertaining to minimum lot size of an automotive dealership to permit
a freeway-oriented sign is hereby approved as the property is adjacent to two (2) public rights-of-
way (Medical Center Drive and Euclid Street) to the south and east, a freeway right-of--way to the
^orth and a retirement facility to the east. Therefore, there is minimal area for the property to
expand to comply with the minimum ten (10) acre requirement.
3. That the waiverpertaining to maximum area for the face of a sign is hereby approved
as the maximum Code permitted area would not be proportional to the height of the sign.
Furthermore, the visibility of the sign decreases as the distance from the sign increases, which
would limit the ability of drivers to view the. sign in the furthest westboundlanes of the SR-91
Freeway. That it would be appropriate for the sign to exceed the maximum area but only to an area
that is proportional to the approved sign height.
4. That the waiver pertaining to maximum permitted height of afreeway-oriented sign
is hereby approved as there is an approximately 30-foot high grade difference between the property
and the freeway which limits the visibility of the sign to drivers on the SR-91; and the maximum
30-foot height per the Code would result in the sign not being visible. The 75-foot height would
allow for drivers on the SR-91 Freeway eastbound and westbound to adequately view the sign.
5. That the request for an electronic readerboad sign is hereby denied as the Planning.
Commission found the electronic readerboard unnecessary to adequately advertise and provide
visibility for the automotive dealership.
6. That the size and shape of the site is adequate to allow for the freeway-oriented sign,
.and that a waiver of minimum lot area is necessary to permit the freeway sign.
7: That the granting of the conditionaLuse permit to .allow the freeway-oriented sign,..
even under the conditions imposed, if any, will not be detrimental to the health and safety of the
citizens.
8. That two people indicated their presence at said public hearing in opposition; and.
that no correspondence was received in opposition to the subject petition.
_ 2 _ PC2007-106
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4177 is adequate to serve as
the required environmental documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the modification to Conditional Use Permit No. 4177 to permit afreeway-oriented
sign.
BE IT FURTHER RESOLVED that Anaheim City Planning Commission does hereby
amend the conditions of approval of City Council Resolution No. 2000R-67, pertaining to
Conditional Use Permit No. 4177, as follows:
1. That final sign plans, and abolors and materials boazd, shall be submitted to the Planning
Services Division for Planning Commission review as a "Reports and Recommendations" item.
2. That the freestanding freeway oriented sign shall not exceed a height of 75 feet and a sign face
area not to exceed 600 squaze feet, in proportion to the height of the sign.
3. That any relocation of City electronic facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall.
be shown on plans submitted for building permits.
4. That the developer shall acquire all appropriate permits from the State or other relevant agencies
for all work associated with the constmction of the sign or modifications to landscape areas
adjacent to the SR-91 Freeway. All advertising on the sign shall comply with provisions. set forth
in Sections 5200-5489 (Outdoor Advertising Act) of the Business and Professions Code.
5. That the sign shall be continually maintained in a "like new" condition..
6: 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 mazked Exhibit Nos. 1, 2 and 3 and as conditioned herein.
7. That approval of khis 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.
8. That timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies 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.
_3_ PC2007-106
BE IT FURTHER RESOLVED that, except as amended herein, City Council Resolution
No. 2000R-67 shall remain in full force and effect.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 17, 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.
(ORIGINAL SIGNED BYKELLYBUFFA)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
.(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF ANAHEIM. )
I, Eleanor Moms, Senior Secretary of the Anaheim Flanning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 17, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO,VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
(ORIGINAL SIGNED BYELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
4 - PC2007-106
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Conditional Use Permit No. 2007-05259
Requested By: PATRICK J. AND TARRY L. MEURS
528 South Central Park Avenue West
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Date: November 14, 2007
Scale: 1 " = 200'
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Conditional Use Permit No. 2007-05259
Requested ay: PATRICK J. AND TARRY L. MEURS
528 South Central Park Avenue West
Subject Property
Date: November 14, 2007
Scale: 1"= 200'
Q:S. No. 63
70403
LPN EI ry, Cq
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~~NDED `g9
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO.2
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: NOVEMBER 14, 2007
FROM: PLANNING SERVICES MANAGER
SUBJECT: ` CONDITIONAL USE PERMIT N0: 2007-05259
LOCATION: 328 South Central Park Avenue West
APPLICANT/PROPERTY OWNER: The .applicant is Sequoia Deployment Service
and the property owners are Patrick and Terry Meurs.
REQUEST:: The applicant requests approval to construct a telecommunications facility
disguised as a palm tree. with accessory ground-mounted equipment.
RECOMMENDATION: Staff recommends that the Commission take the following r
actions:
(a) By motion, approve a Negative Declaration.
(b) By resolution, approve Conditional Use Permit No. 2007-05259. -
BACKGROUND: This property.. is developed with an industrial use. It is located
within the Industrial (I) zone. The General Plan designates this property,and properties -
inall directions for Low-Medium Density,Residential land uses.
PROPOSAL: The applicant proposes to construct a 57-foot tall telecommunications
facility disguised as a palm tree. A total of twelve (12) antennas are proposed at the top
of the tower. The palm is proposed with a simulated brown palm tree finish and green
fiberglass palm fronds interspersed among the antenna arrays at the,top pf the. structure.
The facility and ground-mounted equipment would be located at the southeastern portion
of the property. Please refer to the attached summary chart for project :details.
ANALYSIS: The project has been evaluated against applicable development standazds
and is incompliance. Code permits telecommunications facilities and antennas in the
Industrial zone subject to the approval ofa conditional use permit. The Code includes
design guidelines for telecommunications facilities to minimize the visual impact of the
facility on the community. Following is staff's analysis and recommendations on the
requested proj ect.
Issue: Design of facility;
The Code requires wireless communication facilities to have a "stealth" design. A
stealth facility is one that is designed to minimize visual impacts by disguising the
CONDITIONAL USE PERMIT NO. 2007-05219
November14,2007
Page 2 of 3
facility to appeaz as a natural object, such as a tree, or part of an existing structure while visually
blending into the surrounding environment. The height of buildings in the surrounding azea,
structures on the property and the visibility of the facility are also considered. The 13-foot tall
industrial buildings on the property and on adjacent properties and the few trees in the vicinity
would not serve as an adequate backdrop for the proposed 57-foottall facility. However, there is
limited visibility from surrounding streets as the subject property is approximately 865 feet from
a major azterial and 380 feet from asingle'-family residential neighborhood to the west: These
distances minimize the visibility of the proposed mono-palm.. Three live palm trees, at heights
up to 45 feet tall, aze also proposed adjacent to the mono-palm which will provide an improved
setting for the facility. Due to the Facility being disguised as a palm tree, with limited visibility
from surrounding streets and adjacent sensitive land uses, it does not significantly impact the
visual aesthetic of the azea.
Staff has worked with the applicant to evaluate the feasibility of alternative locations and facility
designswithin the service azea. The surrounding industrial properties have similar
chazacteristics of low building heights and minimal landscaping: Staff recommended the
applicant propose the facility on either the pazk or the school to the east but the applicant has
indicated these options would be cost prohibifive.
In Apri12007, the City announced a citywide wireless service coverage initiative to ensure all
major cellular companies are able to provide full coverage throughout the City.` Given this new
policy direction, the applicant has explored all alternative locations in order to serve this
coverage gap. Since there is a need for coverage in this azea, it is appropriate to site a facility in
this industrial neighborhoods Given the City's current policy'direction to ensure citywide
coverage, and the bonstraints of the existing development in the azea; the palm free design is the
most appropriate alternative.' Since the proposed design of the facility disguises ffie facility as a
natural object and furthers the goals of the citywide wireless service coverage initiative, staff
reepmmends approval of this request.
Respectfully submitted, Con un•e by,
`~ _-- -
1i11G~ 9~~~~St''-- l ;,
Principal Planner P ng Services Manager
Attachments. <
L Project Sununary
2. Draft Resolution
The following attachments were provided to the Planning Commission and aze available
for public review at the Planning Services Division at City Hall.
3. Plans
4. Fhoto-simulations'
5. Carrier Coverage Maps
6. Photographs of Site
AT'l'ACHNIEIV'I' N®. 1
PR®JECT SiJMMARI'
Conditional Use Permit 1Vo. 2007-052.59
Developarient Standard Pro osed Project C-G Zone Standards
Site Area .36 acres N/A
Building Setbacks Adiacent to: Feet
South Central 88 10
Park Avenue
Interior 37 5*
*For telecommunications facilities.
[~i<tAFT] ATTACHMENT N®. z
RESOLUTION NO. PC2007-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. ?007-05259 BE APPROVED
(528 SOUTH CENTRAL PARK AVENUE WEST)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit forcertain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
LOTS 13 AND 14 OF TRACT NO.3970, IN THE CTI'Y OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 141, PAGES 42 AND 43 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.`
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 14, 2007, at 2;30 p.m., notice of said public hearing having
been duly given as required bylaw 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 the proposed use is properly one for which a conditional'use permit is
authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Antennas -
Telecommunications- Stealth Ground-mounted).
2. That the proposed telecommunications facility disguised as a pahn tree would not
adversely affect the adjoining landuses'and the growth and developmenYof the azea in which it is
proposed to be located because it provides a service to the community in a stealth facility.
3. That the size and shape of thesite is adequate to allow full-development of the
request in a manner not detrimental to the particular azea nor to the health and safety as the
telecommunication facility disguised as a palm tree would not affect the circulation or setbacks of
the existing industrial property.
4. That because this is an unmanned facility with infrequenfmaintenance, the traffic
generated by the proposed use will not, under the conditions imposed, impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the azea.
-1 - PC2007-
5. That granting this conditional use permit will not, under the conditions imposed; be
detrimental to the health and safety of the citizens of the City of Anaheim and that the use will
contribute to an essential and effective wireless communications network system.
6. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; 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 Declazation 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 Planning Commission
does hereby grant subject 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:
Responsible
C®A Conditions of Approval for
l~OIIitorln
TIMING: PRIOR TO dSSUANCE OFBUILDINGPERIGPIT
That this fifty seven (57) foot high telecommunications facility
disguised as a pahn tree shall be limited to a maximum of twelve
COAI (12) panel antennas and accessory ground-mounted equipment. planning
No additional antennas or equipment cabinets shall be permitted
without approval from the City. Said information shall be ,
specifically shown on plans submitted for building permits:
That the round-shaped trunk shall be painted brown and textured
to appeaz similaz to a live palm tree trunk in order to blend with
COA2 the three (3) live pahn trees. The antenna arrays .and individual
Planning
panel antennas shall be finished and painted green to match the
artificial palm fronds attached to the structure. Said information
shall be specifically shown on the plans submitted for building
permits.
That the walls of the ground-mounted fence and wall enclosure
shall be protected from graffiti opportunities by the use ofplant
COA3 materials such as a minimum 1-gallon size clinging vines planning
planted on maximum 3-foot centers or tall shrubbery. Said
information shall be specifically shown on plans submitted for
building permits.
- 2 - PC2007-
That all equipment, including supply cabinets and power meter
shall be screened from the public right-of--way. The screening
azound the ground mounted equipment shall be solid masonry
COA4 except at the access gate. The access gate shall include slats to Planning
screen the equipment from public view. In addition, the cable
connecting the equipment shall be underground and shall not be
visible to the public: Said information shall be specifically
shown on plans submitted for building permits.
That any required relocation of City electrical facilities shall be
at the applicant's expense. Landscape and/or landscape
COAS screening of all pad mounted`equipment shall be required and Planning
shall be specifically shown on plans submitted for building
permits.
That a note shall be added to the plans submitted for building
permits that prior to final building and zoning inspections and
COA6 Prior to activating this facility, the Operator shall submit apost- Planning
installation test to confirm that the facility does not interfere with
the City of Anaheim's Public Safety radio equipment, This test
shall be conducted by the Communications Division of the
Orange County Sheriff's Department or a Division approved
contractor at the expense of the Operator.
That a note shall be added to the plans submitted for building
permits indicating that prior to final building and zoning
A7 inspections and prior to activating this. facility,. the Operator shall
Planning
CO provide a 24-hour telephone number to the Planning Services
Division (to be forwarded to the Fire and Police Departments) to
which interference problems may be reported, and shall resolve
all interference complaints within 24 hours.
That a note shall be added to the plans submitted for building
permits that prior to final building and zoning inspections, the
8 subject property shall be developed substantially in accordance
Planning
COA with plans and specifications submitted to the City of Anaheim
by the applicant and which plans aze on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as
conditioned herein.
That a note shall be added to the plans submitted for building
permits indicating thaf prior to final building and zoning
COA9 inspections, the Operator shall ensure that the facility's
Planning
installation and choice of frequencies will not interfere within
the 800 MHz radio frequencies required by the City of Anaheim
to provide ade uate spectrum capacity for ublic safety and
_ 3 _ PC2007-
related purposes.
That conditions that are required to be complied with prior to
issuance of building permits that require information to be
COA10 provided onplans (such as roof-mounted equipment location and Planning
screening, security measures, trash storage areas, fire truck turn-
around areas; etc.) shall be shown on plans submitted for '
building permits, and implemented prior to final building and
zoning inspection. _ _
GElO~EItfiL
That the Operator shall ensure that any of its contractors; sub-
COAI l contractors o; agents, or any other user of the facility, shall planning
comply with the terms and conditions of this permit.
That should this telecommunications facility be sold, the
COA12 : Planning Services Division shall be notifiedwithin 30 days of Planning
the close of escrow.
That the portion of the property being leased to the
telecommunications carrier shall be permanently maintained in
COA13 an orderly fashion through the provision of regular landscaping Planning
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
That timing for compliance with conditions of approval maybe
amended by the Planning Director upon a showing of good cause
A14 provided (i) equivalent timing is established that satisfies the Plannin
g
CO 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 towazd
establishment of the use or approved development.
That extensions for further time to complete conditions of
COA15 approval maybe granted in accordance with Section 18.60.170 Planning
of the Anaheim Municipal.
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,
Planning
COA16 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.
- 4 - PC2007-
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine that 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 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 November 14, 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.
CHAII2MAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on November 14, 2007, by the following vote of the members thereof:
AYES: COMMISSION:
NOES: COMMISSION:
ABSENT: COMMISSION:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_ g _ PC2007-
Item No. ;
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SP 84-1 I __ _.. SP 94-1
Conditional Use Permit No. 2334
(Tracking No. CUP 2007-05260)
Requested By: OTTIS E. AND ELINOR D. PITTMAN
CALIFORNIA AUTO DEALERS
1320 North Tustin Avenue and 1401 North Jefferson Street - CADE
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SObject Property
Date: November 14, 2007
Scale: 1" = 300'
O:S, No. 148
Conditional Use Permit No. 2334
(Tracking No. CUP 2007-05260)
Requested By: OTTIS E. AND ELINOR D. PITTMAN
CALIFORNIA AUTO DEALERS
1320 North Tustin Avenue and 1401 North Jefferson Street - CADE
Subject Properly
Date: November 14, 2007
Scale: 1" = 300'
Q.S. No. 148
~oaoz
ITEM N®. 3
PLANNING COMIVIISSION AGENI3A REPORT
200 S. Anaheim Blvd.
Sulte #162
Anaheim, CA 92805
Tel: (714) 7fi5-5139
Fax: (714) 765-5260
vnNw.anaheim.net
City of Anaheim'
PLANNING DEPARTMENT
DATE: NOVEMBER 14, 2007. `
FROM: PLANNING SERVICES MANAGER
SUBJECTS CONDITIONAL USE PERMIT NO.2334
(TRACKING NO. CUP2007-05260)
LOCATION: 1320 North Tustin Avenue and 1401 North Jefferson Street
APPLICANT/PROPERTY OWNER: Dennis McCollough representing CADS isthe
applicant and Brian Malliet with BKM Development is'the property owner.
REQUEST: The applicant requests approval to expand an existing'automobile auction
facility to add a 638 space vehicle storage lotand vehicle unloading area. The applicant.
also proposes'a waiver of the required setback fora 6 foothigh masonrywall and
outdoor activities.' The required setback is 50 feet; while: a 10 foot setback is proposed
for the wall. and vehicle unloading is proposed within the 50 foot setback; behind the
wall: :
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve a Negative Declazation.
(b) Bymotion, approve a waiver relating to setbacks for outdoor storage and fencing
adjacent to an arterial street:
(c) By'resolution, approve the amendment to Conditional Use: Permit No. 2334:
BACKGROUND: This property is currentlyused fora heavy equipment.storage yard
and is minimally developed with small structures and an oil well It is located in the
Northeast Area Specific Plan, Industrial Area (SP94-1, DA: 1) and is within the Merged
Redevelopment Project Area. The General Plan designates thiapropertyand,properties
to the north and south for Industrial land uses: The property to the east is designated for
Water uses and theproperties to the east, across Jefferson Street, are within the
boundaries of the Cityof Placentia.
The following is a summary of City actions that have occurred on this propertywhich
aze relevant to the current request:
Conditional Use Permit Noi 2334, a request to expand an existing automobile auction
and detailing facility; was approved by the Planning Commission on May 17, 1982:. A
CONDITIONAL USE PERMIT NO. 2334
November 14,2007
Page 2 of 3
subsequent request to further expand the facility with waivers of minimum landscaping
requirements and permitted encroachment into a setback was approved on November 27, 1995.
On October 11, 1999, the Commission approved an amendment to the permit to'retain five.
temporary trailers for office use, two canopies and new auction vehicle lanes for the facility.
The LADE facility has an outstanding Code violation through the Code Enforcement Division
pertaining to an unpermitted fence. A 10 foot high chain link fence with PVC slats was installed
along the perimeter of the pazcel that fronts onto the railroad. at Jefferson Street.. Code allows
fences up to 8 feet in height along railroad rights-of--way. The: applicant intends to process a
variance for the fence separately from this request to expand the facility.
PROPOSAL: The applicant proposes to expand the facility onto 1401 Jefferson Street to
provide an additiona1638 pazking spaces for vehicle storage. The new storage lotwould have
access from Jefferson Street where the transporter vehicles would enter to unload vehicles.
Some vehicles will be brought to the site individually, via Jefferson Street. Vehicles up for
auctionwill then be driven directly through to the main LADE lot, as it is contiguous to the
proposed storage lot. The applicant proposes a 6 foothigh masonry wall located behind the 10
foot landscape setback adjacent to Jefferson Street. The wall is intended to screen the vehicle:
storage as well. as the outdoor activities'related to the unloading of the vehicle transporters. An
existing 1,500'squaze foot building will be remodeled for use as office space: and resfrooms while
other small structures and fencing will be removed from the site. Normal operating hours for the
storage lot will be 7 a.m. to 7 p.m.
ANALYSIS: Vehicle sales agencies and lots are permitted on the site subject to the approval of
a conditional use permit. The proposed vehicle storage lot is permitted as an accessoryuse to the
main auto auction facility. The project requires: a waiver of the required setback adjacent to
Jefferson Street for the proposed 6 foot high masonry wall and outdoor activities associated with
unloading the vehicle. transporters:- The automobile auction facility is compatible with the
adjacent industrial uses and, apart from the 10 foot high fence, does not have: any outstanding
Code violations. Staff believes that expansion of the facility onto 1401 Jefferson Streetwould
improve the appeazance bf the site because4he cun•ent condition is an unsightly equipment
storage area and the proposal includes landscape enhancements along the street as well as solid
screening of the vehicle storage and unloading area.
Issue: Setback for outdoor storage and wall. The required setback along an arterial is 50 feet
and the applicant proposes a 10 foot setback. fora 6 foot high' masonry wall:: Additionally,
outdoor activities related to the unloading of vehicles azeproposed within the 50 foot setback:
The applicant has submitted a Justification for Code Waiver form which indicates that the
purpose of the setback waiver is for adequate screening of the outdooruse and storage and,
further, that other properties in the vicinity with similar uses do not comply with the current
setback: Staff believes that the setback for the wall is adequate since the required l0 feet of
landscaping adjacent to the property line would be provided and would consist of a berm, trees,
hedge, and clinging vines. Additionally, the outdoor activities within the setback would allow
the business full use of the site: and would not: impact the aesthetics of the area because they
would be screened from public view! Staffaecommends approval of the requested waiver.
7
CONDITIONAL USE PERMIT NO. 2334
November 14, 2007
Page 3 of 3
CONCLUSION: Staff recommends approval of this project including the requested waiver
because it is compatible with the industrial uses in the area and includes enhancements to the site- -
that would benefit the surrounding azea.
Respectfully sub//eImitted, jCo cur//red by, ,
Principal Planner Planning Services Manager
Attachments•
1. Project Summary
2. Letter of Request
3. Draft Resolution
4. Prior Resolution
The following attachments were provided to the Planning Commission and aze available
for public review at the Planning Services Division at City Hall.
5. Plans
6. Site Photographs
7. Prior Staff Report.
8. Prior Planning Commission Meeting Minutes
ATTACHMENT N®. 1
PR®JECT SUMMARY
Conditional Use Peronit No. 2334
Developmenf Standard Proposed Project SP94-1,1DA 1 Standards
Site Area 36 acres, including the 4.9 N/A
acre ex ansion
Total Spaces: 5,093
(including pazking proposed
at 1401 Jefferson Street) as
follows: 4,518 total spaces required
Pazking per previous entitlement
334 employee spaces
400 customer spaces
4,359 vehicle storages aces
Landscaping
Front 10 feet 10 feet
Side None None
Reaz (91 Freeway)* None None
Setback
Front 10 feet (to block wall) 50 feet
Side None None
Reaz None None
Floor Area Ratio 0.007. ro osed 0.5 ermitted
Building Height 12 feet 60 feet
t9 iii0 iil6'
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I,". .,c,,, a=r,
DEVELOPMENT COMPANY, LLC
3185 Pullman Ave. Costa Meso, CA 92626
September 18, 2007
Kimberley Wong
City of Anaheim
Planning Department
200 S. Anaheim Blvd.
Anaheim., California 928D5
AT'I'AC~IMENT N0.2
Re: Conditional Use Permit for Storage Lot, 1401 N. Jefferson (the "Property"), Letter of Operation
Dear Kim:
bkm Development Company, as Manager. for, bkm Jefferson Associates, LLC is in escrow to purchase
the Property from Ottis E. Pittmah & Elinor D. Pitman located at 1401 Jefferson, Anaheim. Escrow is
calendared to close October 2, 2007 (refer to 3rd Amendment to Standard Offer, Agreement & Escrow
Instructicns for Purchase of Real Estate, copy provided). The current ownership approves of our efforts
to secure the Conditional Use Permit (see File Application Form provided) for the benefit of California
Auto Dealers Exchange ("CADS"). The purpose of this letter is to describe the operation proposed by
CADS for the Property.
Provided as a part of this submittal are the following:
1. 27 (twenty-seven) 24"x36" site plans (copy provided on CD disk)
2. 2 (two) 11"x17" site plans (copy provided on CD disk)
3. 8 (eight) color copies of site photographs from different dlrectlons with directional defined.
(copy of photographs provided on CD).
4. 3 (three) copies of Current Title Report dated September 9, 2007.
5. 3 (three) copies of File Form Application (with Owner Approval) dated August 28, 2D07,
6. 3 (three) copies of Third Amendment to Standard Offer, Purchase of Real Estate dated
September 12, 2007.
7. 3 (three) copies of approved cover page for Water Quality Management Plan approved
February 6, 2006.
8. City of Anaheim Environmental Questionnaire From
9. Deposit Trust Fund Set-Up Fonn
10. Application for Conditional Use Permit
11. Section 2 of CUP Application
The following uses listed for CADE are consistent with improving the site to the benefit of the City and
for LADE.
1. The property will be used for vehicle registration and check-in, with vehicles entering from
Jefferson individually or by transport. The vehicles will then exit to the CADE main lot which
is contiguous with the lot 1401 Jefferson. Transporter will then exit Jefferson.
2. The existing building noted on the plans as 1,SOD square feet will remain on site remodeled
for use as minimal office space with handicapped accessible parking and rest rooms. The
tree adjacent to the building will remain as well.
3. The property will be lighted at night. Lighting will be provided along north and south
property Ilnes and shielded from the adjacent properties.
4. CADE is proposing to park six hundred and thirty eight (638) parking spaces at 8'6"x1 B' and
provide three (3) handicapped spaces at 9'x18'. Vehicles will be parked and moved only by
CADE employees and there will be no public parking.
5. Normal operating hours will be from 7 a.m. to 7 p.m.
orFrc e:714.557.4100 fax:714.557.4114
Into®6kmdavplopmant.ppm /wvw Ekma"vempmentcpm
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City of Anaheim
Conditional Use Parmlt Appllcatlon
Letter of Operation
Page 2 of 2
6. Trash will be collected on site and moved to trash and enclosure on the main adjacent
CADE lot (located at 1320 N, Tustin Avenue). Trash pick up is scheduled daily from the
main lot
7. The existing oil wells will be protected In place and with fencing and accessibility for
maintenance.
8. All other existing improvement on the site: fences, canopies, etc. will be removed.
9. The property will be fenced along the perimeter and screened with sliding gates for access
by CADE employees only.
10. The lot will be graded and paved with storm drain water drainage as indicated on the site
plan and the approved Water Quality Management Plan (WQMP) prepared by Anacal
Engineering Company (copy of approval provided).
Sincerely;
bkm Developmen Company
Caryn L. Shurtz ,
V.P. Acquisition & Development
cc: Brian Malliet
Dennis McCollough
Paul Kott
Jeff Lennar
(~~tAF'><'] ATTACHMENT N®. 3
RESOLUTION NO. PC2007-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMTI' NO. 2334
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC82-93, AS PREVIOUSLY AMENDED
(1320 NORTH TUSTIN AVENUE AND 1401 NORTH JEFFERSON AVENUE)
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:
PORTION L•
THAT PORTION OF LOT 42 OF HAZARD'S SUBDIVISION, AS SHOWN ON LICENSED
SURVEYORS MAP FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE 50 32' S4" E 16.06
FEET ALONG THE EAST LINE OF SAID LOT TO THE NORTHWEST LINE OF THE
RIGHT OF WAY CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY
DEED RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346 OF DEEDS;. THENCE
SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT OF WAY LINE 349.34 FEET
ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2593.53
FEET THROUGH A CENTRAL ANGLE OF 7 43'03" THENCE CONTINUING TANGENT
TO SAID CURVE ALONG SAID RIGHT OF WAYS 15 30' 32" W 26735 FEET TO THE
NORTH LINE OF THE LAND CONVEYED TO WILLIAM B. SPEER BY DEED
RECORDED DECEMBER 26, 1917 IN BOOK 316, PAGE 398., OF DEEDS SAID NORTH
LINE BEING ALSO THE NORTH LINE OF PARCEL 3, OF PARCEL MAP RECORDED IN
BOOK 47, PAGE 19, OF PARCEL MAPS, RECORDS OF SAID COUNTY ; THENCE S 89
20' 33" W 622.74 FEET ALONG SAID NORTH LINE AND IT'S WESTERLY
PROLONGATION TO THE SOUTHEAST CORNER OF LAND CONVEYED TO MARTIN
APALATEGUI AND JUANA APALATEGUI, HIS WIFE BY DEED RECORDED AUGUST
22, 1918, IN BOOK 326, PAGE 29, DEEDS; THENCE S 0 32' S 1" W 600.72 FEET ALONG
THE EAST LINE OF SAID APALATEGUI LAND TO THE NORTHEAST CORNER
THEREOF, SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID LOT
42; THENCE N 89 20' 09" E 815.60 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING
PORTION 2:
THAT PORTION OF LOT 35 OF HAZARD'S SUBDIVISION, IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON AMENDED MAP OF
RICHFIELD FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
-1- PC2007-
BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF
SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF
SAID LOT 35, 256.24 FEET; THENCE WESTERLY. PARALLEL TO THE SOUTHERLY
LINE OF SAID LOT 35, 850 FEET; THENCE SOUTHERLY, PARALLEL TO THE
EASTERLY BOUNDARY LINE OF SAID LOT 35, 256.24 FEET; THENCE EASTERLY 850
FEET TO THE POINT OF BEGINNING.
WHEREAS, on May 17, 1982, Resolution No. PC82-93 was adopted by the
Planning Commission to expand an existing automobile auction and detailing facility in the ML
(Limited Industrial) zone at 1320 North Tustin Avenue; and
WHEREAS on November 27, 1995, Resolution No. PC95-141 was adopted to
amend said Resolution No. PC82-93 and permit further expansion of the existing automobile
auction and reconditioning facility with waivers of minimum landscaping requirements and
permitted encroachment into a setback; and
WHEREAS on October 11, 1999, Resolution No. PC99-178 was adopted to
amend said Resolution No. PC82-93 to retain five temporary trailers for office use and two
canopies and to permit new vehicle .auction lanes in conjunction with the existing automobile
auction and reconditioning facility; and
WHEREAS, this property is developed with a wholesale automobile auction and
reconditioning facility for used cars (California Auto Dealers Exchange "C.A.D.E.") in
Development Area 1 (Industrial Area) of the Northeast Area Specific Plan (SP 94-1); and that
the property is designated for General Industrial land uses by the General Plan Land Use
Element; and
WHEREAS, the applicant has requested an amendment to Conditional Use Permit
No. 2334 under authority of Code Section 18.60.190; and
WHEREAS, the proposed request is to expand an existing automobile auction
facility to add a 638 space vehicle storage lot and vehicle unloading azea at 1401 North Jefferson
Street with waiver of the following:
SECTION NO. 18.120.050.0902 (a) Minimum setback adiacent to public
riehts-of-wav. (50 feet required; 10
feet proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic.
Center in the City of Anaheim on November 14, 2007, at 2:30 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 18.60, to heaz 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:
_2_ PC2007-
I. That the proposed request to expand an existing automobile auction facility to add
a 638 space vehicle storage lot and vehicle unloading area is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No.
18.120.050.050.0547 (Vehicle Sales Agencies and Lots).
2. That the proposed automobile auction facility expansion will not adversely affect
the adjoining land uses or the growth and development of the area in which it is proposed to be
located....
3. That the size and shape of the site Por the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particulaz area.
4. That 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 and will provide a
land use that is compatible with the surrounding azea.
5. That the waiver pertaining to minimum setback adjacent to a public right-of--way
is hereby approved since the purpose of the setback waiver is for adequate screening of the.
outdoor use and storage and, further, that other properties in the vicinity with similaz uses have
setbacks less than the code presently requires. The setback for the wall is adequate since the
required 10 feet of landscaping adjacent to the property line would be provided and would
consist of a berm, trees, hedge, and clinging vines. Additionally, the outdoor activities within the
setback would allow the business full use of the site and would not impact the aesthetics of the
azea because the outdoor activities would be screened from public view.
6. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petifion.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; and does hereby approve the
Negative Declazation upon finding that the dccazation 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 Planning
Commission does hereby approve an amendment to Conditional Use Permit No. 2334 to expand
an existing automobile auction facility to add a 638 space vehicle storage lot and vehicle,
unloading area.
BE TT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution
No. PC82-93, as amended by Resolution Nos. PC95-141 and PC99-178 and as adopted in
connection with Conditional Use Pemut No. 2334, to read as follows:
_3. PC2007-
Responsible
COA Conditions of Approval for
Monitoring
~Td1VFl1~Caa ~ ~RlQ~`fd'75i `5'dT.~%~~'(~~~.~F7ILD!FC~r~' Rl~1ld'~JR (-N~ (I~ Z ~~iR PROM
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.ss .. ,,...~, ._ „J~'"
That all automobile pazking storage and circulation azeas shall be fully paved
with minimum three (3) inch asphalt concrete or other comparable material Planning
COA 1 approved by the City of Anaheim, and shall be maintained in good condition
at all times.
That plans shall be submitted demonstrating that vehicle unloading
COA 2 operations within the transporter unloading azea will not be visible to the Planning
public right-of--way.
That the legal property owner shall provide a Title Report and any backup
COA 3 documents describing any easements on the property. Upon review, aright-of- PW -Dev Svcs
way dedication may be required.
That the legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to Public Works/Development Services. A PW -Dev Svcs
COA 4 Certificate of Compliance or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the Orange
County Recorder prior to issuance of a building permit.
That a Right of Way Construction Pemrit shall. be obtained from the
Development Services Division for all work performed in the right of way.
The developer shall submit street improvement plans to the Public Works.
Deparhnent, Development Services Division to improve Jefferson Street (4-
lane secondary arterial with a required 45-foot half width, 32' curb, 8' pazkway
.and 5' sidewalk) in conformance with Public Works Standazd Detail 160-A and PW _Dev Svcs
the City of Anaheim General Plan. Pazkway landscaping and sidewalk shall be
COA 5 constructed with the parkway irrigation connected to the on-site irrigation
system and maintained by the property owner. A bond shall be posted in an
amount approved by the City Engineer and a form approved by the City
Attorney. The driveway approaches on Jefferson Street shall be constructed to
be in conformance with Public Works Standazd Detail 115-B. The curb return
radius shall be located a minimum of 1' from the property line. Driveways
shall have a 5' cleazance from the curb return radius to any existing structures.
That the recordation of a Save Harmless in-lieu of Encroachment Agreement pW -Dev Svcs
COA 6 be required for any private storm drains connecting to a City storm drain.
_4_ PC2007-
a
Responsible
COA Conditions of Approval for
Monitoring
That plans shall show any proposed gates and shall demonstrate that gates
shall not be installed across any driveway in a manner which may adversely
COA 7 affect vehicular traffic on the adjacent public streets and thaYinstallation of
PW -Traffic
any gates shall conform to the current version of Engineering Standazd
Detai1475. The location of any proposed gates shall be subject to the review
and approval of the City Traffic and Transportation Manager.
That plans shall be submitted to the City Traffic and Transportation Manager
for his review and .approval showing conformance with the current version of
COA 8 ' Engineering Standazd Plans and Details 402, 436, 470, 471, 472, and 473 pW -Traffic
pertaining to pazking standards and driveway locations. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
That street improvement plans shall be submitted for all street improvements
COA 9 adjacent to the project site to Public Works/ Development Services for. , pW -Dev Svcs
review and approval. These plans will show both sides of Jefferson Street,
including all driveways and utility installations, signing and striping.
That plans shall show conformance with the current version of Engineering
COA 10 Standard Detail 115 pertaining to sight distance visibility for signs and
PW -Traffic
fence/wall locations and pertaining to industrial driveway radii to the
satisfaction of the City Engineer...
That plans submitted for building permits shall be prepazed substantially in
accordance with the plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the Planning..
COA 11 Department mazked Revision No. 3 of Exhibit No. 1 and Exhibit Nos. 2 Planning
through 5. That a note shall be added to the construction plans that prior to
final building and zoning inspections, the subject property shall be developed
in substantial accordance with the approved construction plans.
That a note shall be added to the construction plans that all public.
COA 12 improvements shall be installed and completed prior to final building and PW -Dev Svcs
zoning inspections.
That fire lanes shall be posted with "No Pazking Any Time." Said
COA 13 information shall be specifically shown on plans submitted for building PW -Traffic
permits.
_5. PC2007-
Responsible
COA Conditions of Approval for
Monitoring
That in order to enforce the City of Anaheim regulation prohibiting on-street
parking along Tustin Avenue, the property owners shall paint the curb red .
for the entire length of this property and shall maintain this painted area on PW -Traffic
COA 14 Tustin Avenue. The painting shall be subject to the approval of the City
Traffic Engineer. This requirement shall be specifically shown on plans
submitted for building permits.
That a note shall be added to the construction plans submitted for building
permits that the applicant shall comply with the following prior to final
building and zoning inspections:
® Demonstrate that all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved plans
COA 15 and specifications. pW -Dev Svcs
® Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project WQMP
e Demonstrate that an adequate number of copies of the approved Project
WQMP aze available onsite:
® Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
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That the applicant shall submit to the Public Works Department Development
Services Division for review and approval a Water Quality Management Plan
that:
® Addresses Site Design Best Management Practices (BMP) such as
minimizing impervious aeeas, maximizing permeability, minimising
directly connected impervious areas, creating reduced or "zero
dischazge" aeeas, and conserving natural aeeas.
e Incorporates the applicable Routine Source Control BMPs as defined in PW -Dev Svcs
COA 16 the Drainage Area Management Plan:
® Incorporates Treatment Control BMPs as defined in the DAMP.
® Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
® Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
® Describes the mechanism for funding the long-term operation and.
maintenance of the Treatment Control BMPs.
_6_ PC2007-
Responsible
COA Conditions of Approval for
Monitoring
COA 17 That the applicant shall obtain a demolition permit for demolition of existing pW _Dev Svcs
structures:
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That the hours of operation for the auto auction facility shall be as follows:
COA 18 Monday through Thursday: 9 a.m. to 5 p.m: PW -Dev Svcs
Friday: 9 a.m. to 4 p.m.
Saturday and Sunday: Closed '
That the hours of operation for the loading area and vehicle staging shall be
as follows:
COA 19 Monday through Friday: 7 a.m. to 7 p.m. PW -Traffic
Saturday and Sunday: Closed
That timing for compliance with conditions of approval maybe amended by
the Planning Director upon a showing of good cause provided (i) equivalent
COA 20
' timing is established that satisfies the original intent and purpose of the
PW -Traffic
, 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:
That ongoing during prof ect operation, under no circumstances shall caz
COA 21 carriers be unloaded or loaded on any public right-of--way nor shall any PW -Traffic
vehicles be pazked or staged on said streets.
That ongoing during project operation, all vehicles intended for auction, or
COA 22 already auctioned, shall be stored inside the fenced azea only and shall not be Planning
pazked in the parking azea intended for dealer and customer pazking.
That on-going during project operation, the transporters will enter the site at
PW -Traffic
COA 23 the south driveway and exit the site at the north driveway.
That on-going during project operation, sanitary sewer and storm drains for this PW _Dev Svcs
COA 24 development shall be privately maintained.
-7- PC2007-
COA 25 That on-going during project operation, the property shall be permanently
maintained in an orderly fashion through the provision of regulaz .
landscaping maintenance, removal of trash or debris, and removal of graffiti
within. twenty-four (24) hours from the time of discovery.
planning
That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code , Community
COA 26 and any other applicable City, State and Federal regulations. Approval does Services
not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
That extensions for further time to complete conditions of approval maybe planning
COA 27 granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVER that the Anaheim Planning Commission does
hereby find and determine that 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 declazed 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 all chazges 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 November 14, 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:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
.g_ PC2007-
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on November 14, 2007, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-9- PC2007-
ATTACHMENT NO. 4
~ .t
RE OLUTI011 H0. PC82-93
A RESO CUfION OF THE ANAHEIH CITY PLANNING LOHHISSION
THAT PETITION FOR C01101 TI ONAL USE PE RMI TNO. 2334 BE GRAtITEO -
WHEREAS, Che Anahelm City Piannina Commission dtd reeei ve a vori fled
Patl tion for Conditional Use Permit from CALIFD Rt11A SERVI CES Cn"POMTI ON, 1320
North Tustin Avenue, Lall forniap 72806, and D. CI ETCHANOY G SON, 470 Pryer
Raa d, Anahelm, Cali fornla, 92806, owners and FLOYD FARANO, 2555 E. Chapman,
Suite 415: Ful lepton, Lalifor•nla," 92631, agent, of cattalo real property
sltua [ed in the City of Mahcl m, County of Orange, Sta to of Calt forn Pa,
described as:
THAT PORTI fAI OF LOT 42' OF HAZf1R0'S SUBDIVISION, AS SHOWN ON
LICEIISED SURVEYORS HRP FILED IN BOOK' 1~ PAGE 26 OF RECORD OF
SURVEYS, IN TIIEOFFI CE OFTIIE COUNTY RECORDER OF ORNIGE COUNTY,
STATE OF CALIFORNIA, DESCRI2ED AS FOLLOWS;
BEGIIINIIIC AT THE IIORTIIEAST CORNER OF SAID 10T. THEIICE S Oo 32' S1"
E 16.06 FEET ALOi1G 'DIE EAST LINE OF SAID LOT TO TIIE NORTFAJEST LIRE
OF THE RI CIIT OF WAY CONVEYED TO SOUTHERN fALI FORIiIA FIAILWAY
{OHPANY BY DEED RECORDED AUGUST 12, 1893 111 BOOK 81,. PAGE 346 OF
DEEDS; THENCE SOUTHWESTERLY ALONG SAID HORTIIWEST RIGHT OF WAY LINE
349.34 FEET ALONG A CURVE CONCAVE TO TIIE SOUTHEAST, HAVING. A
RADIUS OF 2593.53 FEET THROUCII A CENTRAL ANGLE OF 7o43' 03"I
THENCE LOIRIIIUING TANLENT TD SAID CURVE ALONG.SAID RI G11T Of WAY. 5
15 ° 30' 32" W 267.35 FEET TO. THE NOP.TH LINE OF THELAND CONVEYED
TO WI LLIAN B, SPEER DY DEED RECORDED DECEfOER 26, 1917 iH BOOK
316, PAGE 398, OF DEEDS SAID 00RT11 LINE BEING ALSO T}1E NORTH LINE
.OF PARCEL •3. OF PARCEL IIAP RECORDED IN BOOK 47. PAGE 19. OF PARCEL
NAPS, RECORDS OF SAID COUNTY; THEIICE 5 8~ 20J 33" W 622.74 FEET
ALONG SA10 NORTH LINE AND ITS WESTERLY PROLONGATION TD THE
SOUTHEAST COWIER OF LAND LOII VEYEO TO HARTIN APAUITECUI AI10 JUANA
APALATEGUI , HIS. WI FE BY DEED RECD~DED AUGUST 22, 1918,IN BOOK
326, PAGE 29, DEE05; THENCE II 0 32'. 51" 1J 600.72 FEET AL011G THE
EAST LINE OF SAID APALATEGUI LAND TO TIIE NORTHEAST CORIIER THEREOF,.
SA10 NORTHEAST GOPHER BEING ON TIIE NORTH LINE OF SA10 tOT 42;
TNEilLE H 690 20'-0'}":t 615.60FEET ALONG SAID NORTH LINE TD THE
POINT OFOEGINRING.
WHEREAS,: the Ol cy P lanning Comml ss loo di dhbld a oubl lc hearing at[he City
1011. in the Ci tyof Anaheim on Hay 17, 19B?,at 1:30 p. m., notl ce of said Dubllc
hearing having been duly given as required by -law and la accordance with thu
Fro`-9 s!a~c ^` tha "aSalr„ t..uicipal Code, Chapter1 n.03, to hear and consider
evl dent; for and against said proposedtondi tlonaTusc permit and to Investlga to and
nmke findings and recoimknda [ions 9n co,mectlon therawi th; and
NHEREAS,sald Commission, after' ducinspecd od,~lnvastiga Lion and study made
by Stsalf and In Its behalf, andaftcr dbe whslderailon of all evl donee and reports
of fe Fedat said tiearing, does Find and detcrmi nc [he following fac ts:
PC82-9}
l
d
,
}
I. chat tho propeseduse Ps properly ono far which a candl Clenai use
permit Is authorized by Maheim Nunlclpal Code Section 10.61.050.GO1 to wi Lao permit
uxpansi on of an .existing automobl le auction and detailing facility In the h6
(indus[rfal, Li ml to d) Zone.
2, Thot the proposad use is he reby~ granted sobfect to the follow ing
s tip uia lions mado by the pe tl tl ~~er at the public has ri ng:
a. Tha t wholesa to transa ctlahs shallbe limited to 1 lcensed
autoimblla dea lp rs ant y, wl th no re tall sales to the general,.
public.
h. That detailing shall be Iiml sod to washing and r.l eaning of
vehlc les, 6a ttery charging or ti re changl ng, wl th absolutely
nobody ,work •or repair work haing porfor~d an vehicl es at
Chis Iota Ilan.
3. That the proposed use w111 not adversely affect the adjoining land uses
and the growth and dewlopmant of the area 1n which It Is proposed lobe Iota tad.
4( Tha[thc size and shape oFthe site proposad far the use Isadequato to
alias ehe full do vc lop m:nt of the proposed bse in a manner not de trl menial to the
particular area nor to the peace, health/sa fety, and general welfa ra of the Cl tl sans
of the LI tY of Anahel m.
5. ThaC [he grants hg of the Condl ti on~l Ilse Permit under tiie eon dl lions
im?osed, if any, w111 hoc ba de trirmn cal ~o the pence, health, safe ty and general
welfare oftheLl ti tans of the Ll ty of Anehci m.` -
G. Tha tthctrafflc generoled by :he proposed use wI 11 hdt I~ryose an undue
hurdan upon the scree is and highways designed and improved co carry the traffic in
the area.
7. That no one Ihd6w led [hair presence at said. public hearing in
opposition; and that no wrrespondanca was meal wJ In opposition [o the subJe ct
E^VI ROIINENTAL INPALT fiNDltl D: That the Anaheim Ll ty Planning Commission has
reviewed [he proposal to expand an axis Ll ng au[omsDile auetl on and de tdllinq fa ci ll ty
Ir the 11L (Indus trl ol, Li ml ied) Zone on an irregul arty-shaped parcel of land
consis ti ny of approximaia lY 34 acres., having a frontage of app roxl mate ly 1412 feet on
the cast si do of Tusd n Avenue, and 6eing located app roxl ma tely 220 feeD north of chc
tense cline of Nl ralone Avenue (1320.. North yus tin Avenue (California Au totmbiie
Dealer; Exchange)); and dons hereby. app row the Ib ga ti ve Declaration from the
reyui re nent to preps rc an en vl ronmentallr~pact report on the basis that tho ra wou4d
ba no sl gni (leant Indl vl dual or cumula tlw adwrsa envl ronmen tai .Impact duo to the
approval of this Mega tiw Declaration since the Anahalm General Plan deslgna tes the
subJact property for general .Industrial land uses comrcnsurate with the proposal;
that no sensl tlw an vl ronnental Irmacts are Inwlwd In thu proposal; that th:•
I nl tlal Study s-ibmi [tad:. by. the pa tl [loner Indleates no si gni flcsnt Inds viduaLc
cumulati w adwrsa envl ronmen tai irryae ts; and that the Nega tl w Oee la ra ti
s ub5 tan U ating the foregoing findings Is on fl lc In the Li ty of Anaheim Planni r,_
bapar [men t.
.2- PLB2-93
~ 4
i _~` ~ •)
NOU, TIIERE FORE, BE IT RESOLVED that the Anahelm City P'an nine to mml sslon
does hereby grant subja ct Pa Ll tl on for Con dl Clonal Use Pcrml t, upon the folloding
conditions which are ha ruby found to be a necessary prereq ul site to the proposed use
of [he srbjcct Froper ty In order to presorvc the safety and general wclfa re of the
Cl ti zees of Cho Cl ty of Anahelm:
I. That trash storage areas shall he provided throughout [he existing and
proposed auto storage areas as regvl red by the Ofti ce of Cho Executive
Director of Publ lc IJo rks and in accordance wl th plans on ft le In his offlco.
2. That fIrc hydrants shall be Installed and charged as requl red and determined
to bo necessary by the Chief of the Fire Department.
~ That drainage of suhjecc property shall 6e disposed of in a manner
satl sfacrory [o [hc Cfty Englnm r.
4. That the owno r(s) of subj ec[ praoer ty Shall pay app rop rla to drainage
assessment foes to the City of Mahalm as determined by the City Engineer
p rlor to tormenting the acts vlty outharl zed by this can Ul tional use pe rml t.
5. That appropriate' wa [cr assess aent fens as de [erml ned by the Of Fl ce of
Utll Rlos ('c nc ral tWna gar shall be paid to [ha Cl ty of Anahelm.
6. That su6Je ct property shall 6e developed substantial ly in accordance with
plans and spo ci fl ca [Ions on flit wl [h the City of Anahelm marked Exhibit ^o.
1,
7. That CondFClon Nos. 1, 2, 3, 4, Sand 6 shall bo coop le CUd prior to the
cortnence~mnt of the activity au [horized by this conditional use permit, or
with In a pe rlod of nine ty. .90) days, whichever, occurs fLrst.
B. That wl:olasa lc [ransaeti ons shall bo Il ml tad to licensed au torroblle Beale r5
only, wl tll no mtall sales m Cho general public.
9. Tim t de tall rug shall be Iiml teJ to washing and cleaning of vehl ties, battery
cha rging or tl rc changing, with a65olutp ly no body work or repair work being
performed on vehicles at Nils loca[1 on,
UE IT FURTHER RESOLVED that the Anaheim City Planning Lammiss ion Joes hereby
fled and dacrmine that the adop tl on of U,Is Pesoluti nn is expressly pre dice tad upon
app llcanN x coop lance with each anJ all of the rondlti ons herelnahnve se[ forth.
Should any „_„di ;Ian or any part thereof, be declarod Invalid or unen forccoble by the
final judgnent of any court of coupe tent ju ri sdle tlon, [hen this Resolution, and any
apy rr.ah I,o ra R, cantai nod, shall be wcnad null and a!d.
TIIE FOREGOING RESOLUTION is signed and approved by ne ch is 17th day of May,
1982.
IOrlglnal siP,ro0. ~~~ nrwnn rvt
ATTEST: IIAi 1 0.0 I GRE
AIIAHEIR CITY PLA11111NG C01111155IGN
{Uriginel !il' ~c;l `.?:~ EPi;h l +f wi~d .
SECRETARY, ANAHEIM CIiY PLAHRING COMN 1551 GN "
_~. PCi2-93
~ ~ ~:~
i.'
STATE OF LALI FORIIIA
COUNTY OF ORANGE Il ss.. ,
CITY OF AIJAHEIN )
1,. Edl [h L. Ile r rls, Secretary of [he MahelmCl ty Planning Comml ss ion, do
hereby cer tl fy that the fa regoi ng rasolutlan was passed and adopted at a mee ling of
[he Anahol m~ CI [y Planning Lomnlsslan hold an .May 17, 1902, at 1:30 p. m., by the
follw ing wte of the trenhers thereof:
AYES: LO WIISSI OIIERS: BARITES, BOWS, FRY., HERBST, KING, HC GURNEY
t10E5: COHI115GIfN1ER5t HONE
AOSENT: LOIUiISSIpN ERS: 6USHORE
IN WI TNE55 FIHEREO F, I h9ve hereunto set my hand th is 17th day of Hay, 1992.
iuliglnal signed by Edllh L Harris)
SECRETARY, ANAHEIM CITY PLAtIH1NG :CONMISBION
_4_
PC82-93