Resolution-PC 96-59~ ~
RESOLUTION NO. PG96-59
A RE.^.OLUTION OF THE i,iJAHEIPA CITY PLANNING COMMISS{ON
THAT PETITION FOR CONDITfONAL USE PERMIT NO. 3856 BE GRAMED
`dVHEREAS, the Anaheim Ciry ~lanning Commission did receNe a vsrHled Petftion for
Conciitfonal Use Permit for certaln real properry snt~ated in the Cfty of Anahoim, Couny of Orange, State of
Catifornia, described as:
PARCEL 4, AS SHOWN ON A PARCEL fdAP FILED IN BqAK 58, PAGE 42 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECAF~DER OF SAID COUN7Y.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in
the Ciry of Anaheim on July 8, 1996 at 1:30 p.m., notice of said public hearing havin~ been duly given as
required by laEnr and In accordance with the provisions of the Anaheim Municipai Code, Cha.pter 18.03, to
hear and consider evidence for and agalnst said proposed condftfonal use permR and to Investigate and
make flndings and recommendatlons in connection thorewfth; and
WHEREAS, sald Commission, after dua inspection, Irnestlgatlon and study made by itself
and In Rs behalf, and after due consideration of all evidence arx; reports offered at said hearing, doos Md
and determine the fdlowing facts:
1. That the proposed use Is properly one for which a condhtonal use permft is authori~ed by
Anaheliye A1u~icipal Code Section 18.110.090.050.0521 to permft automotive vehiGe repalr and accersory
uses Inrludir.g body work anc! sales of used automoblles wkh waivers of the fdlowing:
(a) $ections 18.OS.050.0222 - Minim~m n~mber of ~arkin~ s~.
18•06•O84 ~ rec~ulred; 2$ existing and approved
and 18.110.090.110 by the City Trafffc and Transportatlon Manager)
(b) ,~pgtfon 18.110.09Q.100 - Parmitted encroa~hments Into reQ~~ired vards.
(No out~qor dlsolav permltted in requlred yards of Development
Area 4'Trarisft Core Area' oi the Northeast Area 3pecific Plan;
display of "For sale' vehicles proposed in flve p,~rking spaces near
Tustin ~:venue)
2. That based on Information contained in the submitted parking study, the City Trafflc and
Transport2tion Manager concurred wfth the requested parlcing waNer, as conditloned, under the assumptlons
arrJ concluslons describad In sald parking study relating t~ the operation and intensity of the proposed use;
3. That the parking waiver, under the condftions ir~posed, will not cause fewer off-street
parking spaces to ba provided for the conditionally permitted use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonaWy
foreseeable conditions of operation of such use because the parkfng study indicates the parking demand
for off-street psrking spaces (17 stalls) is lower Yhan the number provided un the she (28 stalls) by a
comfortable surp!us and that there will be a surplus ot 11 or more stalis at all tirnes;
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4. 7hat the parking waNer, under the condftions imposed will not increase the demand arxJ
competition for parking spaces upon ihe public streets in the immedate viclnity of the proposed use
because the propo,ed project wi~l not cause any signiflcarrt demand for on-seroet parking spaces sinc~ on-
site parking wlll be more convenient and the supply of on-sfte parking spaces is s~~bstantially greater than
the expected demand for parking;
5. That the parking waNer, under the condftlons imposed, will not tncrease the demand and
cempetitfon for parking spaces upon adjacent private property in the Emmedtate vlcin'rty of the praposed use
(which property is not expressly provided as parkf~ng for such use under an agreement In compliance wfth
Section 98.06.010.020 of this Code) because an adequate supply af ~,arking is providecf on the sfte, and all
ske-related parking ts expected to oc~ur o~~ the proposed site;
6. That the parking waiver, under the condft~ons imposed, wiil not increase traffic congestion
wRhin the off-street parktng areas or lots provided for ~e~P~PoS~e and the o erall demar~J for parl;tng
demand tcrecast for the site is well wfthin the suppl~ p
at the sfte is lower than the amount of parktr.g provided, and a surplus ot pa~king spaces is expected to exist
or, the site at all times;
7. That the parking waiver, under the condfttons imposed, will not impede vehicuiar ingress
to or egress fram adjacent properties upan the public streets in the immediata vicinity of the proposed usa
because the proJect is not expected to result in demand for on-strset parking tn the vlcinity of any d~reways
or other locations in the proJect vkinfty, and that sight Iines and Yuming area for existing driveways at public
streets wAI be unaffected by park~np for the proposed proJect;
8. That there are specfal ctrcumstances appllcabie to the property canslsting of t~s location and
suROUndings, which do not apply to other identlcally zoned properttes in the viclnity;
9. That strict application of the Zoning Code deprNes the property of privAeges enJoyAd by
other properties ur~der fdentical zoning classification in the viciniry;
10. That the proposed use is properly one for whlch a condfti^nal u~e permit Is authorized by
the Zoning Code In Dovelopment Area ~(franstt Core) of Speciflc Plan No. 94-1 (Northeast Area);
11. That ths proposed use will not adversoiy affect the adjoining land uses and the growth and
deveiopment of thE 3~ea fn which ft la proposed to be locnted;
12. Tt~at the size and chape o~ the sfte for the proposed use is adequate to allow the full
development of the proposed use in a manner not deMmental to the particular area nor to the peace, health,
satery, and general welfare because atl work shall be corufucted inside the building, that no outdoor storage
of any type shall be permttted, that the rolling gate ~n the west side of the buflding shall be open during
hours of c,peration to aliow access to requir~ ~arking spaces in this area and, further, that the surcoundin~
businesses will benefft from the aesthetics of the re~urbished building and landscaping;
13. That the traff(c generated by the proposed use will not (mpose an undue ~urden upon the
straets and highways designed and improved to carry the traffic in the area;
14. That the granting of the conditionai use permft, under the condftions imposed, will not be
detrimenial to the pe2ce, health, safery and ger~eral welfare of the cftizens of the City of Anaheim; and
15. That no one indicated their presence at sald public hearing In opposftion; and that no
correspondence was receivAd in opposftfon to the subJect petftion.
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~AUFORRIA ENVIRONMENTAL QUAUTY ACT FlNDING: That the Anaheim Cfty Plann(ng
Commiss(oR has reviewod the proposal to permft a~~^omoUve vehtde repair and acaessory uses ~nduding
bady work and sales of used automobpes wfth wafvers of minlmum number of paricing spaces and peRnftied
encroachmeMs iMo requlred yards on an IRegula~lY-shaped Parcel of ~a~d conslst(ng ~f approximately 0.75
acres located at the northwest comer o# Tustin Avenue and MelvGle WaY, ha~tng ftontaa_es of approx!mately
150 feet on the ~rest side of TusUn Avenue and a froMage of 180 feet on the north side of Me1v01e Way anc
further described as ~ 133 No-th Tustin Avenue; and does hereby apnrove the Negativs Dedaraaon upon
ftnd(ng that the dedaration reflects the independent judgement of tha lead agency and that it has considered
the NegatNe Declaration together with arsy comments received during the pubiic review process and further
flnding on the basis of the inftial study and any commerrts receNed that there is no substaMtal evidence that
tne projeGt wUl have ~ stgnY~cant effect on the ernironmerrt.
NAW, THEREFORE, BE IT RESOWED that the Anaheim Clty Planning Commission does
hereby g~cit sutJect Petition for Condftlonal Use Pem'~ft, upon the fdlowing c~rxlftlons wh~h are hereby
fou-~d to be a necessary prerequlsice to the proposed use of the subject property in order to praserve the
safery and general welfare of the Citizens of the Ctty of AnaP,,lrn:
1. That the owner of subject property shali submit a letter reouesting terminatian of Variance NQ. 2430
{waNer of min',r.wm number of parking spaces to construct 23 one-story mini-warehouse bupd~ngs) to
the Zoning Division.
2. That the owner of sub;ect property shall submR ~ letter requesting termination of CondKional Use
Permft No. 3341 (permitting an automobpe repalr and service faciliry wfth waiver of minlmum number
of parking epacss) to the Zoning Div(sion.
3. That the existing bulid(ng shall be entirely repairstad arxi refurbished.
4. That, in addftlon to preserving the exlsting mature trees e.nd bermed planter areas adjacent to the
~ights-of-way, new landscaping consisting of sod, minimum fiftaen (15) gallon trees, minimum five (5)
gallon shrubs, and groundcover shall be planted in the exist(ng landscaped setback areas in
accordance with Code requirements. Landscaping tc screen the above ground flre Ilnes shall also be
planted. Said landscapfng shall be shown on plans submitted for Zoning Divisinn approval.
b. That the existtng sbdeen (16) parking space5 ad~acent to Tustin Avenue shall be rese~:9d for buslness
patron, customer and employee vehides.
6. Th~t not more than sixty five (G5) vehides shall be kept on the premises (inside the buUding) overnigh~.
7. That no outdoor work nn vehicles or outdoor storage of vehlGe parts shall b3 permitt~d•
8. That the granting of the pa~{cing waiver is contingeni upon operation ~f the use in conformance wtth
the assumptions relating to the operation and Intensiry of use as contafned in the parking demand
study that tormed the basis for approval of said variance. Exceeding, violatfng, Intensifying or
otherwise devfating from any of said assumptions, as contalned In the parking demand study, shall I.~e
deemed a violation of the expres .ed conditions imposed upon sald variance whlch shafl subJect that
variance to termination or modHication pursuant to the provisions of Sections 18.03.091 and 18.03.092
09 the Anahelm Municipal Code.
9. 7hat a plan sheet for soikl waste storage and cdlection anci a plan for recyding sha!d be sutxnftted to
the Streets and Sanitat(on Dfvision of the Pubiic Works Oepartment for review and ~~prcwal.
10. That an on-stte tra~h truck turn-around area shall be provklAd and maintain~d to the satisfaction of the
5treeis arxi Sanitation DNision of the Public Works Department. Safd tum-arourx! area shal~ be
specHically shown on plans submitted to the Streets and Sanitation Division for rev(ew and approval.
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11. That subject properry sha~l be develoaed substantfally in accordarK:e wP.h Wans ar+d speciflcaUons
submitted to the ~try o! Anahefm by the petitioner and which plens are on flle wich the Planning
Department marked F~chlbit Nos. 1 and 2•
12. That prbr to commencement ~f the activiry suthorized by this resolution or wtthin a period of one (1)
year from the date of thfs resotucion, whichever occurs flrsK, CondiUon Nos. 1, 2, 4, 9 and 10,
above-menUonod, shalf be complied with. Exter~sions ior further time to con'iplete said conditions may
be granted (n accordance with Sectlon 18.03.090 of the Anaheim Municipal Coda.
13. That prior to flnal bupding anci zuning inspectlons, Condftion Nos. 3 and t 1, above-mentloned, sha~l
be complled with.
14. That approva~ of this aPpi~catbn constitu~es approval of the ProPosed request .u~lY to the extent that
ft complies with the Anuhelm Munlcipal Zoning Code arxi any other applfcable Ciry, State a~F ~ t e
regutatlons. Apprrnr~l does not indude any action or flndings as to compliance or aPP
requast regarding any other applicable ordinance, regulation or requirement.
15. That no fldgs or ban~ers shall be permitted on G o premises.
BE IT FURTHER RESOLVED that the Anaheim Cfty Planning Commisslon does hereby flnd
and determine that adoption di this Resotutbn Is exp.~sssly prerJfeated upon appllcanYe compliance.wkh
each and all of the condlUons hersinabove set forth. Should any such condftion, or any part thereof, be
dedared Irna1W or unanforceable bY the flnal Judgment of any court af competent Jurisdictlon, then ~his
Resolution, and any approvals herein contatr.ed, shali be deemec! null and vo(d.
TFiF FOREGOI~lG RESOLUTION was ado at the P~ g Commissfon meeting of
July 8, 1996. /
CHAIriMAN, PRO TEMPO E
ANAHEIM CITY FLANNIN COMMISSION
ATTEST:
_l V C~, u~
SECHETARY NAH~IM GTY PU?NNING CGMMISSION
STATE OF CAtJFORNIA )
COUNT`f OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdo~lo, Sec~etary of the Anahoim City Planntng Commisslon, do hereby certtfy
that the toregoing resolut(on was passed and adopted at a meot(ng of the Anaheim City Planning
Commis~lon held on July 8, 1996, by the fdlowing vote of the members thersof:
AYES: COMMISSIONE;9S: BOSTWICK BOYDSTUN, 13RISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT': COMMISSIONERS: MAYER
iN WITNESS WHEREAF, I have hereuMo set my hand this ~Y~day of ,
1996. ~~il
SECr~ETARY, !.N EI~C PLANNING COMMIS~ION
~y_ PC96-59