Resolution-PC 98-193RESOLUTION NO. PC98-193
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4079 BE GP,ANTED
WHEREAS, the Anaheim City Planning ~:~mmission did receive a veri~ed Petition for
Conditional Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
PARCEL 4, AS SHOWN ON MAP FILED IN BOOK 94, PAGE 48 OF PARCEL MAPS IN THE
OFFiCE OF THE COUiVTY RECORDER OF ORANGE CQUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING:
(A) UNITS 1 AND 2 AS SHOWN UPON THE CONDOMINIUM PLAN RECORDED AUGUST
27, 1984 AS INSTRUMENT NO. 84-3586853, OFFICIAL RECORDS.
(B) THE EXCLUSIVE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS
"RESTRICTED COMNIOiV AREA" AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE
REFERRED TO.
PARCEL2
UNIT 1 AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERR~D TO.
PARCEL 3:
THE EXCLUSIVE RIGHT Td POSSESSION AND OCCUPANCY OF THAT PORTION OF
PARCEL 4 AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 48 OF PARCEL MAPS
DESCRIBED IN PARCEL 1 ABOVE, DESIGNATED AS R-1 AS APPURTENANT TO
PARCELS 1 AND 2 ABOVE DESCRIBED.
PARCEL 1:
AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE FOLLOWING:
PARCEL NO. 4, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 48 OF PARCEL NAPS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FOLLOWING:
(A) UNITS 1 AND 2 AS SHOWN UPON THE CONDOMINIUM PLAN RECORDED AUGUST
27, 1984 AS INSTRUMENT NO. 84-358653, OFFICIAL RECORDS.
(B) THE EXCLUSIVE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS
ENTRY ELEMENTS AND "RESTRICTED COfNMON AREA" AS SHOWN UPON THE
CONDOMINIUM PLAN AF30VE REFEREED TO.
PARCEL2:
UNIT 2 AS SHOWN UPON THE CONDOMINIUM PLAN ABOVE REFERRED TO.
cr3494pk.DOC -1- PC98-193
PARCEL3: -
THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THOSE
PORTIONS OF PARCEL 4 AS SHOWN ON A MAP FILED IN BOOK 94, PAGE
48 OF PARCEL MAPS DESCRIBED IN PARCEL 1 ABOVE, DESIGNATED AS
E-2 AND R-2 AS APPURTENANT TU PARCELS 1 AND 2 ABOVE DESCRIBED.
WH~REAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City uf Anaheim on December 7, 1998 at 1:30 p.m., noticE of said pubiic hearing having been duly
given as required by Iaw and in accordance with the provisions of the AnaYieim Municipal Code, ChapYer
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommend~, ions 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 18.61.050.070 to permit an automotive vehicle repair facili'ry in an
existing 11,550 sq.ft. industriai building with waiver of the follawing:
Sections 18.06.050.0222 - Minimum number of aarkina saaces.
and 18.61.066.050 (40 required; 23 proposed)
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
3. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate viciniry of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code).
5. That the waiver, under the conditions imposed, wili not increase traffic congestion
within the off-street parking areas or lots provided for such use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the proposed use, as shown on the approved plans and based upon the lefter of
operation designating this site as auxiliary to an existing facility, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
8. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare.
9. That the traffic generated by the proposed use will not impose an undue burden upon
tfie streets and highways designed and improved to carry the tra~c in the area, as substantiated in the
parking study and the findings identified in paragraphs 16 and 18 of Item No. 7 of the Staff Report to the
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Planning Commission dated December 7, 1998; and that the City Traffic and Transportation Manager has
reviewed and approved the parking study which indicates an adequate parking supply for the proposed
automobile repair facility which is accessory to another facility.
10. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and c~eneral welfare of the citizens of the City of Anaheim.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit an automotive vehicie repair facility in an
existing 11,550 sq.ft. industrial building with waiver minimum number of parking spaces on a irregularly
shaped, 1.19-acre property having a frontage of 307 feet on the south side of Sunshine Way, a maximum
depth of 155 feet and being located 315 feet south of the centerline of Miraloma Avenue (1251 East
Sunshine 1Nay); 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 Declaration
together vdith 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 substantiai evidence that the project will have
a sic~nificant effect on the environment.
NOW, THEREFORE, BE IT RESOLV~D that the Anaheim City Plan~ing Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby four~~i to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the numerical street address of the building shall be provided on the roof in contrasting colors
in a manner not visib~e to the street, to the satisfaction of the Anaheim Police Department.
2. That approval of this use shall be in conjunction with the auto repair facility at 1361 North Kraemer
Boulevard (permitted under Conditional Use Permit No. ~986), as stipulated to in ihe approved
parking study submitted by the petitioner.
3. That there shall be no vshicle rental or sales at this property.
4. That no required parking area shali be fenced or otherwise enclosed for storage or other outdoor
uses.
5. That the existing wrought iron rolling gate in the parking lot area and the fence shall be maintained
in good condition.
6. That this Iocation shall not be open to the public.
7. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Maintenance Division.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approvai showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be ~eveloped and maintained in conformance with said plans.
9. That this property shall be served with underground utilities in accordance with the City's electrical
rates, rules, and regulations (most current fees apply) and ihe City of Anaheim underground policy.
Fees shall be payable to the Electrical Engineering Division as determined by the rates, rules and
regulations.
10. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined when electricai design is completed. Said easement shall be submitted
to the City of Anaheim prior to commencement of the activity.
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11. That adequate screening shall be provided for the existing water backflow device located at the
northeast portion of the property and for any fuEure utility equipment at this site through the use of
landscaping or other architecturai treatment. Screening plans shail be submitted to the Zoning
Division for revie~~ and approval.
12. That redwood, cedar or PVC slats shall be interwoven into the existing chain-link fencing at the
southeast portion of this property and shaii be maintained in good condition at all times.
13. That the property shall be permanently mainiained in an orderly fashion by providing regular
fandscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
14. That the on-site landscaping and irrigation system shall be maintained in compliance with Gity
standards.
15. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
16. That no banners or other advertising shall be displayed within the service bays facing the public
right-of-way.
17. That signage for subject facility shall be limited to that which is shown on the exhibits submitEed by
the petitioner and approved by the Planning Commission, and in compliance with all sign
requirements of the ML "Limited Industrial" Zone. Any additional signs shall be subJect to approval
by the Pianning Commission as a"Rep~rts and Recommendations" item.
18. That no freestanding signs shall be permitted.
19. That fhe storage or overnight parking of vehicles, vehicle parts, or business-related materials and
alf work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of
the building. Absolutely no vehicular body work, painting or other business-related activities, or
storage of vehicles, vehicle parts or materials shall be permitted in the front or rear yard areas, or
parking areas.
20. That prior to comm~sncing operation of this business, a valid business license shall be obtained
from the City Bus~ness License Division.
21. That subject propi:rty shall be developed substantially in accordance with plans and specifications
submitted to the i:ity of Anaheim by the pe:itioner and, which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
22. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (~1) year from the date of this resolution, whichever occurs
first, Condition Nos. 8, 9, 10 and 11, above-mentioned, shall be complisd with. Extensions for
furtner time to complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
23. That prior to the commencement of the activiry authorized by this resolution, or prior to finai building
and zoning inspections, whichever occurs first, Condition Nos. 1, 5, 7, 12, 20 and 21 above-
mentioned, shall be complied with.
24. That approvai of this application constitutes approval of the proposed request only to lhe 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 compiiance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
25. That no outdoor storage of, d(splay of, or work on vehicles or vehicular parts shall be permitted.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and detarmine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set f~rth. 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 nul and void.
THE FOREGOING RESOLUTION wa,s~a p~~ ~~~h Qnning Commission meeting of
December 7, 1998. ~Jl / /
chAlKrt~UN, ~NAHEiM CITY PLANNING COMMISSION
A'iTEST:
Ei sT~a9s.,o_.~
SECRETARY, ANAHEIM CITY PLANNINv COMMISSION
STATE OF CALIFORNIA ) _
~OUN7Y OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on December 7, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREO!~, I have hereunto set my hand this a3. day of
~. ~ , 1998.
m sb.. 4y"
SECRETARY, ANAHEIM CIN PLANNING COMMISSION
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