Resolution-PC 93-86• v~
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RES LUTION NO. PC93-86 ~
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A RESOLUTION OF THE ANAHEIM CITY PI~4NNING COMMISSION ~
THAT PE('ITIOR~ FOR COI~DITIONAL USE PEHMIT N0. 3625 sE GR;4NTED, IN PART
WHEREAS, the Anaholm Gity Planning Commisslon did receive a verified Petitlon for
Conditional Use Perm(t for certain real property situated in tho City of Anaheim, County of Qrange, 5tate
of California, describecl as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SWQWN ON PARCEL MAP FILED IN 800K 187 PAGES 20
THHOUGW 24, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE-COUNTY
RECORDER OF SAID COUNTY.
EXCEP'TING THEREFROM TMAT PORTION OF SAID LAND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCINQ AT THE CENTERLINE INTERSECTION OF BAL.L ROAD (KNOWN
AS TAFT AVENUE ON SA!D PARCEL MAP) WITH SANDERSON AVENUE SAID
PQINT 13EING THE BEGINNING 0~ A CUFiVE ~ONCAVE SOUTHWE~TERLY
WITH A CE~TRAL ANGLE OF 33 DEG. 09' 22", END A RADIUS OF 160 FEET;
THENCE SOU7HEASTERLY ALONG 5AIQ CURVE AND THE CENTERLINE OF
SAID SANDERSON AVENUE AND ARC DISTANCE OF 92.59 FEET; THENCF.
SOUTH 16 ~EG. 01' 00" WEST A OISTANCE OF 278.26, THENCE SOUTH 73
QEQ. 59' 00" WEST A DISTANCE OF 32 FEET TO THE TRUE POINT OF
BEGINNING; THENGE B~GINNING AT A POINT ON THE CUSP OF A CURVE
50UTHWEST FROM WNENCE A RADIAL LI~lE EXTENDS NORTH 73 DEG. 59'
00" IN~ST, SAID CURVE HAVING A CEMRAL ANGLE OF 76 DEG. 11' 38" AND
A RADIUS OF 13' THENCE PROCEEDING AROUND SAID CURV~ FOR AN ARC
DISTANCE OF 17.29 FEET, THENCE NARTH 89 DEG. 47' 22" WEST A DISTANCE
OF 78.42 FEET TO A POINT ON THE CUSP OF A CURVE CONCAVE
SOUTHEAST FROM WF-CNCE A RADIAL LINE EX7ENDS NORTH 2 DEG. 12' 38"
FJiST, SAID CURVE HAVING A CEN7RAL ANGLE OF 24 DEG. 50' 16" AND A
RADIUS OF 168 FEE'f, PROCEEDING ALQNG THE CURVE A DISTANCE QF
72.83 FEET 1'0 A POINT OF REVERSE CURVATURE CONCAV~ NORTHWEST
FROM WHENCE A RADIAI. UNE EXT~WDS SUUTH 22 DEG. 37' 38" EAST SAID
CURVE HAVING A CENTRAL ANGLE OF 6 DEG. 43' 13" AND A RADIUS OF 232
FEET AND PROGEEDING THENCE A DI~TANCE OF 27.21 FEET TO A POINT IN
THE EASTERLY BOUNDARY LINE OF SANQERSON AV~NUE FHOM WHENCt
A RADIAL LINE EXTENDS NORTH 16 DF_a. 54' 25" WF.ST, THENC~ SpUTH 16
DEG. 01' 00" WEST FOR A DISTANCE OF 16.08 FEET TO THE POINT QF
BECiINNING.
WHEREAS, the City Planntng Commtssion dfd hold a publlc hearing at the Ci~'^. Center
fn the City of Anaheim on July 26, t993 at 1:30 p.m., notice of said public hearing h~ving beon duly given
as requfred by law and in accordance with the provfslons of the Anaheim Munioipai Code, Chapter 18.03,
to hear and consider evfdence for and aqa!nst said proposed condfNonat use permit and to investigate and
make ffndings and recommendations in connectlon therewith; and
CR1853MS.wp -1- PC83-86 `
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WHEREAS, said Commission, aker due Inspectlon, Investigatlon and study made by Itself ~
and in tts behalf, and after due consfderation of all evidence and r~ports offered at said hearing, does find ~
and determine the followin8 facts: ~
1. That the prop~sed use Is prope~ly one for which a conditlonal use permit la authorized by ~
Anahelm Municipal Code Sections 18.44.050.iJ50 and 18.44.050.080 to permit automobile sales lots with
accessory automotive sAnrice/repair on three p3rcels with the iullowfng waivsrs:
(a~ ,~$g lons 16,Q4.060.013 - ,~.~~~ired nu er ot trees.
~nd 18.Q4.063.Ob0
(b) ,~ectluns iQO~r~Q050 - Reaulred oarkina lat lendscaoin~.
and 18.44.063.050
(c) Sectians 18,05.093.021 • M~xim~m n~mbor of freo standindand raof sians. ~
18,05.09~.031 (2 sians permitted on Aach proposed parcel;
~~,18.4d.OS7 ~ sians proposed far Parce! 1)
(d) ~ctlons 18.05,09 .,'~023 - ~erml~ location ~Lre_estandioa sians, ,
and 1~44.067 (e0 to 120-foot setb~ck trom abuttina nrooerties requlred; ,
~Q to 107 feet proposed) I
(e) $ ,tions 1_8.0&.093.0231 - ,~Ilnimum distsnce rea~ir between
18.05,093.0331 ireestendina and roof slpAg.
and t8.44.067 (300 feet required; g5 to 2~}~feat proposed)
~r~ seccions ~~.os.oso.o2~~ - Minimum n~m L~rkln9 g~•
1~,,08,05U.022?. (~,Q required for ~II parcels; ,~g~ proposed)
~,$,O~,,Q~.Q223
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an 18.44.06s.0~0,
(g) Section 18.44.064~Q~Q - Raaulred IandscanJ~~ abuttit~~ local street.
(9-toot rµ~e landsca~g~„ I~ant~ roquired;
none Proposed)
2, That waivers (a) and (b) penaining to landscapinp are hereby deniod because sa~d waive~s
wore deleted tollowing public notNication;
3. That waivers (c), (d) and (e) pertalning to slgna are hereby danled on the basis that tho
subject Parcel No. 1 is lerge enough to maxlmize advertising without any sign walvers; that Code currently
permks two 70•foot high, 350 sq.ft. freestandinr~ signa to advertise the proposed Roger Mfller Ford
Dsalershlp; that there ara no sp~cfal cfrcumstances applicable to the property such as alze shape,
topography, location or surroundings, which do not apply to other ldontically zoned prapertles En the
vicfnity; and thet strfct epplicatfon oi the Zoning Code does not deprive the property oF prfvlleges enjoyed
by other properties under fdentlcal zoning classiiicatlon In the vlcinity;
4. That the parkfng waiver (fl Is hereby granted on the basis that the proposed number af
parkfng spaces for the specNlc identKied business actNitfes wili not cause an increaso In tr~tffc congestion
in the Immedlate vfcfnity nor ed~~ersely aHect any adJolning land uses; and that grantfng uf said weiver,
urxier the canditions Imposed wfil not be detrimental to the peaco, health, satety or general we~fare of the
cit~zens of the City ~of A~ahefm;
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_2. PC93-86
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5. That waiver (g) is hereby ~ranted an the basis that thero are special circumstances
applicable to the property oonsisting of shape, location and surroundings, which do not apply to other
Identically z~ned properties in the vicfniry, and on the baais that the total combined area of all proposed
landacaping exceeds the minimum required by current Code, and that strict applicatlon of tho Zoning Codo
deprives the property of privileges enJoyed by other propertios under identical zoning classffication in the
vicinity;
6. That the proposed use is prope~ly one for which a conditional use permit Is euthorized by
the Zoning Code;
7. That the proposed uso, as granted, will not adversely affect the adjoining land usos and
the growth and development of the area In whlch ft Is proposed to bo located becauso the proposed
automobile dealerships with acc~~sory service and repair are comQatible with the existing nearby
automobile dealershlps In the Anaheim Auto Mall;
S. That the slze and shape of the site for the proposed uso is adaquate to allow the fiall
development of tho proposed use in a manner not detrimentai to the particular area nor to the p~ace,
hoalth, safety, and general welfare;
9. That the trafffc generated by the proposed use, as grant~d, will not in~po3e an undue
burden upcn the streets and highways designed and improved t~ carry the traHic in the area;
10. Thet the granting of tha conditional use permlt, under ths conditions imposed, wlll not be
detrimental to tho peace, health, safery and general welfare of the ciilzens of the City of Anahelm; and
11. That no one indlaated their prosence ~t said public hearing In opposlNon; and that no
correspondence was received in oppositfon to the subject petition.
,¢Al.IFORNIA ENVIRONMENTAL QUALITY ACT FINDIR~G: 1'hat the Anaheim City Planning
Commisalon has reviewed the proposal to reclasaify subJect proper~y from the ML (l.imlted Ind~strial) Zone
to the CL (Commercial, Limited) Zone to permft automobile sales lots with accesgory automotive
service/repair on three parcels wfth waiva~s of raquired number of trees, required parking lot landscaping,
mexfmum number of freo standing and roof signs, permitted locetfon oi froestanding signs, minimum
distnnce required betwoen freestandfng ard roof signs, m(nimum n~mber of 4arking spaces and requlred
land~caping abuttinfl a local street, end to estabilsh a throe (3) lot commerclal subdivislon on sn
irregula~ly-shaped parcet of land consistfng of approximately 8.39 acrds lacated at the northwest corner
of Sanderson Avenue and Autc~ Centsr Qrive, hav(ng appr4~cimate frontages of 600 feet on the north side
of Sanderson Avenue a~nd 1240 feet on the south and west sfde of Auto Center Drive and further described
as 13U0 • 1382 East Auto Center Driv~; and does hereby approve e mftigated Negative Declaratlon and
adopt the Mitigation Monitoring Program pursuant to Sectiun 21081.6 of the Publ(c Resources Code on
tho basis that the declaration reAects th~ Independent Judgemont of the lead agency and that the Planning
Commiss(on h~s considered the proposal with the mftipatQd Negative Declaration and Monitoring Program,
together with any comments recefved durinQ tha publfc review process and further findfng, on the baais
oi the Initial Study, that there (s no substantia! evfdence that the proJect will have a slgnHicant effect on
the envfronment.
NOW, THEREFORE, BE IT RE50LVED that the Anahelm Cfty Planninc~ Commisslon does
hereby grant subject Petftion for Condit(onal Use Perm(t, fn pan, upon the following condftions whlch are
hereby found to be a necessary prerequlsite to the proposed use of the eubject property in order to
presorve the sa(ery and goneral welfare ot the Citizens of the Cfty of Ansholm:
t. That there shall be no banners, spfnners, flegs, pl~cards or other signago displayed on any sales
vehicle unless a special events permit has first been obtained from the Planning Department.
.3. PC93•88
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2. That plans shall be submitted to the Ciry Traiffc and Transportation Manager `or his revlow and
approval showing conformanco with the latost revtsion of Englneering Standard Plan yos. 436, 602
and 609 pertalning to parking st~ndards and drivoway locations. SubJect proporty shall thereupon
be developed and meintained In canformance with said plans.
3. That all drlveways shall be constructed with ten (10) foot radlus curb returns as require@ by the Ciry
Engineer in conformance with Engineering Standards.
4. That all vehicular ramps and g~ades shall conform with Engineering Standard Pian No. 402, r~s
approved by the City Traffic and Transport~tion Manager.
5. 'fhat the legal property owner/developer shali provlde and instell under~round conduits, aubstructurea
and related facilities In conformenca with a City of Anahelm Elactrical En~fneering Constructlon
Drawfng and In accordanoe with the Electric Rates, Ruies and Repulationa for und~rground ifne
extensl~ns. The condult/substructure system shall provtde tor the replacement of existing overhead
Ilnea by underground systems serving the property and providfng cantlnulty of servic~ to existing
customers.
6. That a Plan Sheet for solid waste storage and collection, antl a plan for recycling shall bR submitted
to the Department of Maintenance for review and approvel.
7. That the exfsting bfllboard structure shall be removed.
8. That the petitioner shall be responsible for compliance and any direct costs associatod with Mf-fgation
Monltoring Plen No. 70 as establlsi~ed by tho City and required by Sectlon 21081.6 of ths Publtc
Resources Code to ensure fts full Implementatlon.
9. That subJect property shall be developed substentlally in accordance wfth plana and speclilcatlons
submitted to the Ciry of Anahelm by the petftfoner and whfch plans are on tile with the Planring
Qepartmont merked Exhibft Nos. 1 through 5; provided, however, that ell si~ns on aubJect properry
ehalt comply with the applicable CL "Commerclal, Limited" Zone standarda.
10. That prior to isauance of a bullding permit for Parcel No, 1, sign plans end precise plans for tha
parking structure shall be submftted to the Planning Commiaelon for review and approval as a"Report
and Reaommendation" item.
11. That p~lor to fssuence of a building permft for Parcels No. 2 and/or No. 3, precise floor, elsvatfon and
sign plans for said parcels shall be submitted to the Planning Commission fnr reviaw and approval
as a "RepoK and Recommendation" (tem.
12. That prlor to issuance of a building permit, the developer shali submit an executed egreement
between the blilboard lesaee and tha underly~ng proparty owner agreeing to release thelr lease rights
to the blllboarci In order to facllftate fts removal. The agreement shalt be subject to the prior review
and approval by the City Attorney's OHfce. Safd billboard shall be removed prior to the occupancy
of the automoblle dealershfp proposed tor Parcel No. 1.
13. Thet prior to tssuance of a building permit or within a period of one (1) year irom the date of thls
resolution, whichever occura ffrst, Conditfon Nos. 2, 4, 6, 10 and 12, above-mentloned, snall be
complied with. Extensfons for iurther tlme to complete safd conditions snay be g~ented in accordance
w(th Sectfon 18.03.Ofl0 uf the Anahefm Municipal Code.
tA. That prior to ifnal bullding and zonfng fnspectlons, Condition Nos. 3, 5, 7 and 9, above-mentioned,
shall be compifed with.
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t5. 7hat approvel of this Applicatfon cunstftutes approval oi the proposed request only to the extent that
ft complfes with the Aneheim Municfpal tonfng Code and any other applicable City, State and Foderel
regulattons. Approval does not Include any actton or flndinps as to compllance or approvai ot the
requost regardin~ any other applicable ordlnance, reyulatlon c+r raqulr¢msnt.
BE IT FURTHER RE30lVED that the Anahefm City Plann(ng Commisston does hereby flnd
and determine that adoption of this Resdution is exprassly predicated upon applicant's compilance with
each arx! all of the condRtons horeinabove aet toRh. Shpuld any a h condition, or any peK thereaf, be
doclared Irnralfd or unenforceable by the ftnal ~udamerrt oi any c K ot competent jurlsdlction, then thfs
Resolutton, end any epprovals horein contained, shall ba dee ull and vo
THE FORE(301N(3 RESOLUI'ION wes ado th Ian ~ Commisalon mse!i~g of
July 26, 1993. •
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CHAiRMAN ANAHEIM CITY PLAP!t~INQ
ATTEST: ~
S RETARY, AN CITY PLANNINCi COMMISSION
STAT~ OF CALIFORNIA )
COUNTY OF ORANOE ) ss.
CITY OF ANAHEIM )
I, Janet l. Jensen, Soc.~atary of the Anehalm Gty Planninp Commloalon, do hor~eby cARHy
that the toropolrp resdutlon was passed and e~optvd et e meotlny of tho Anah~k» Gty Pfannlnp
Commlaslon h~ld on J~dy 28, 1993, by the idlo~winfl vote of the mombers thAre~l:
AYES: COMMISSIONERS: d0Y03TUN, CALOWELL, HENNINdER, MAYER, MESSE. PERAT1w TAIT
NOES: COMMISSION :RS: NONE
ABSENT: COMMI8810N~?RS: NONE
IN WITNCSS WHEREOF, I have hereunto an- my hnnd thls ~~~ day d
, 192J.
CRETARY, qTY PLANNINCi COMMISSION
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