93-142 RESOLUTION NO. 93R,142
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3581,
IN PART.
WHEREAS, the city Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit an automotive repair facility including the retail sale
and installation of automobile parts and accessories upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCELS 3 AND B AS SHOWN ON A MAP FILED IN BOOK
222, PAGE 37 TO 41 INCLUSIVE, OF PARCEL MAPS, AND
AS AMENDED BY THAT CERTAIN CERTIFICATE OF
CORRECTION RECORDED DECEMBER 15, 1989 AS
INSTRUMENT NO. 89-680795, OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA; and
WHEREAS, the city Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC93-24 granting, in
part, Conditional Use Permit No. 3581; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the city Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located because the petitioner has
submitted revised plans mitigating concerns regarding the
orientation of the service bays, the design of the truck loading
area, the design of the monument sign and placement of roof-
mounted equipment.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim
because the petitioner has submitted revised plans mitigating
concerns regarding the orientation of the service bays, the
design of the truck loading area, the design of the monument sign
and placement of roof-mounted equipment.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity consisting of the
unusual topography of the site which includes a large slope area,
and that approval of said setback waiver is consistent with the
setbacks of other buildings along the north property line
abutting the freeway.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity because said setback waiver
is consistent with the setbacks of other buildings along the
north property line abutting the building and with waivers
granted to other properties for signage in the same vicinity and
zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3581 be, and the same is hereby,
granted, in part, permitting an automotive repair facility
including the retail sale and installation of automobile parts
and accessories on the hereinabove described real property with
a waiver of the following provisions of the Anaheim Municipal
Code:
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Section 18.84.062.011 - Minimum setback from freeway.
(100 feet required; 40 feet
proposed)
Sections 18.05.091.010 - Permitted freestanding sign.
18.05.091.011 (One shoDDing center
identification sign with
18.05.091.014 one 26 s~.ft. display surface
permitted;
and 18.84.062.040 one double-faced 50 sq.ft
business identification sign
proposed)
Section 18.84.062.032 Permitted roof-mounted
equipment.
(Roof-mounted e~uiDment
prohibited;
roof-mounted e~uiDment
proposed)
subject to the following conditions:
1. That the existing driveway to the immediate south shall be
reconstructed with ten (10) foot radius curb returns in
conformance with Engineering Standard No. 137.
2. That plans submitted for building permits shall show a truck
loading area in conformance with Code Section 18.06.060
"Truck Loading Requirements."
3. That a plan sheet for solid waste storage and collection,
and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
4. That the owner of subject property shall submit a letter
requesting termination of Variance Nos. 3109 (waiver of
minimum structural setback from a scenic highway to
construct a shopping center) and 3522 (waivers of minimum
number of parking spaces, minimum structural setback and
required site screening to construct a shopping center), and
Conditional Use Permit Nos. 2846 (permitting a 150-room, 57~
foot high hotel/motel) and 3271 (permitting a commercial
retail center with waivers of minimum setback from a freeway
and permitted signs) to the Zoning Division.
5. That no banners or other advertising shall be displayed in
the service bays facing any public rights-of-way.
6. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Revision No. 1 of
Exhibit Nos. 1 through 5, Exhibit Nos. 6 through 8, and
Revision No. 1 of Exhibit No. 9.
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7. (a) That a landscaping plan, including irrigation
facilities, for the area to be developed in the future shall
be submitted to the Zoning Division for review and approval;
and
(b) That said landscaping shall be installed and maintained
thereafter.
8. That all roof-mounted equipment shall be painted to match
the color of the roof, and that the roof-mounted equipment
shall be located so as not to be visible to any nearby
public rights-of-way or to ground level observers.
9. That the height of all proposed parking lot light standards
shall not exceed twenty (20) feet and that said light
standards shall be directed downwards.
10. That the tire storage area shall be fully enclosed.
11. That no vehicles, trailers, automotive parts or equipment
shall be left or stored (or permitted to be left or stored)
on the subject property overnight except within an enclosed
service bay located within the building as shown on Revision
No. 1 of Exhibit No. 2 "Floor Plan" of exhibits on file in
the Planning Department.
12. That the owner of subject property shall contract for daily
trash pick-up with the City's trash collection contractor
(Anaheim Disposal).
13. That an emission filtration system shall be installed and
utilized while cars are being operated during servicing.
14. (a) That there shall be no repair or other automotive work
performed by either employees or customers anywhere on
subject property except inside the service bays in the
building as shown on Revision No. 1 of Exhibit No. 2 "Floor
Plan" of exhibits on file in the Planning Department.
(b) That international signage shall be permanently posted
both inside and outside the building prohibiting any
servicing of cars by individuals other than employees.
15. That truck deliveries shall be made between 8:00 a.m. and
10:00 a.m. only, and that no "drop" trailers shall be used.
16. The parking areas shall be gated, chained or otherwise
secured from vehicular ingress and egress (in a manner
approved by the City Transportation Manager) except during
hours the retail sales business is open for business.
17. That there shall be security lighting during nighttime
hours.
18. The operator shall, at its expense, hire and maintain a
full-time security officer to patrol the parking lot at all
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times during business hours for the purpose of prohibiting
the repair or servicing of vehicles by customers or other
persons on any portion of the property other than within
approved service bays.
19. That the petitioner shall periodically each day play a
prerecorded message audible throughout all retail areas of
the building and the parking area(s to remind customers that
there shall be no automotive repair or other work performed
by customers anywhere on the premises, in either the
building or the parking areas.
20. That 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. 2, 3, 4 and 7(a),
above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal
Code.
21. That prior to final building and zoning inspections,
Condition Nos. 1, 6, 7(b), 8, 9, 10, 13 and 14(b),
above-mentioned, shall be complied with.
22. That for the first three (3) months following the initial
opening of subject business, Code Enforcement staff will
conduct one (1) inspection every other week in order to
discourage any outdoor repair and to monitor outdoor storage
and disposal areas. If any problems occur after the initial
three (3) month inspection period, Code Enforcement staff
will renew inspections until the violations are corrected to
the satisfaction of the Code Enforcement Division. The
petitioner shall be responsible for paying the cost of each
inspection in accordance with the fees in effect at the time
the inspections are made.
23. That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance or
approval of the request regarding any other applicable
ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council 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
conditions, 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.
//
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THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 22nd day of June, 1993.
MAYO~OF THEIT~~ANAHEIM
ATTEST:~Q
CITY CLERK OF THE CItY OF ANAHEIM
2565.1\JWHITE\July 7, 1993 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 93R-142 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 22nd day of June, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler
NOES: COUNCIL MEMBERS: Simpson, Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-142 on
the 23rd day of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of June, 1993.
z~.~-,",~u,t ~ /f ~-~'-'~-~ '~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-142 was duly passed and adopted by the City Council of the City of Anaheim on
June 22, 1993.
CITY CLERK OF THE CITY OF ANAHEIM