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2000-067RESOLUTION NO. 2000 R-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4177, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an automotive dealership with accessory auto repair services and a 60-foot high freeway-oriented sign upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 80-234, AS SHOWN ON A MAP FILED IN BOOK 150, 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 S~ID 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 LINE NORTH 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 application for conditional use permit proposes a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.04.060.013 - Minimum number of reouired trees. and 18.44.063.050 (b) Section 18.04.060.050 - Required parkinq lot landscaDino. (c) Sections 18.05.093.040 18.44.067 Minimum distance betweenand freestandinq signs. (300 feet required; 135 to 200 feet proposed) (d) Sections 18.05.095 and 18.44.067 Minimum lot size for an auto dealershiD to permit a freewav-oriented sion. (10-acre site required for an automobile dealership; 6.4-acre site proposed) (e) Sections 18.06.050.0211 18.06.050.0221 18.06.050.0223 18.06.080 and 18.44.060.050 18.06.080 and 18.44.060.050 Minimum number of Darkin~ spaces. (326 spaces required; 296 spaces proposed and concurred with by the City the City Traffic and Transportation Manager (f) Section 18.44.064 Permitted encroachments in required yards; 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. PC2000-17 granting, part, Conditional Use Permit No. 4177; and WHEREAS, thereafter, within the time prescribed by law, 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 an 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, as follows: That the commercial retail center and the auto dealership uses are properly on ones for which a conditional use permit is authorized by the Zoning Code for the CL Zone. That the commercial retail center and the auto dealership as conditioned will not adversely affect the adjoining land uses, particularly the senior retirement facility to the west, and the growth and development of the area in which it is proposed to be located. That the size and shape of the site for the commercial retail center and the auto dealership is adequate to allow the full development of the businesses in a manner not -2- detrimental to the particular area nor to the peace, health, safety, and general welfare. That the traffic generated by the commercial retail center and the auto dealership will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. e That the granting of the Conditional Use Permit No. 4177 under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. WHEREAS, the City Council does further find with regard to proposed waivers (a), (b) and (f), above-described, that said proposed waivers have been deleted from the proposed project and, therefore, such waivers are hereby denied: WHEREAS, the City Council does further find with regard to proposed waiver (c), above-described, as follows: 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 because of special. circumstances related to the shape of the property not having a significant frontage on Euclid Street and that the monument sign is replacing an existing permitted freestanding sign that is currently located within 300 feet of the existing monument signs, and that strict application of the Code would deprive the property of privileges to advertise on Euclid Street that other commercial businesses currently enjoy; and 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; and WHEREAS, the City Council does further find and determine with regard to proposed waiver (e), above described, relating to certain off-street parking requirements, as follows: (a) That the 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; and (b) 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; and -3- (o) That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity 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); and (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas lots provided for such use; and or (e) 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. (f) That waiver (e) is hereby approved based on the parking study findings and the recommendation of approval by the City Traffic Engineer, as described in Paragraph Nos. (20) and (21) of the Staff Report dated February 14, 2000, based on the determination that there is sufficient parking available for the commercial center, provided that the existing 23,450 square feet on the second floor remain vacant, as stipulated and agreed to by the petitioner, and based on the assumptions contained in the parking study. WHEREAS, the City Council does further find and determine with regard to proposed waiver (d), above describe~, relating to the proposed freeway-oriented sign, as follows: That the freeway-oriented sign is properly one for which a conditional use permit is authorized by the Zoning Code; however, the site does not meet the minimum lot area standards set forth for auto dealerships (10 acres required; 6.42 acres existing), That the freeway-oriented sign will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since a waiver allowing for a freeway oriented sign for this auto dealership would create additional visual clutter and degrade the aesthetic value of the surrounding neighborhood. That the size and shape of the site is not adequate to allow for the freeway- oriented sign, and that a waiver of minimum lot area is necessary to permit a freeway sign. That the granting of the conditional use permit to allow the freeway-oriented sign, even under the conditions imposed, if any, will be detrimental to the -4- peace, health, safety and general welfare of the citizens of the City of Anaheim by allowing additional freeway signage contrary to the existing Codes and existing efforts to improve the City's arterial highways and freeways by reducing the amount of large freestanding signs visible to the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 4177 be, and the same is hereby, granted permitting an automotive dealership with accessory auto repair services (but not permitting the proposed freeway-oriented sign) upon certain real property located within the City of Anaheim, County of Orange, State of California, on the hereinabove described real property, with waivers (c) and (e) above-described only, subject to the following conditions: 1. That three (3) foot high street address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the view from the street or adjacent properties. 2. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from the adjacent residential property lines to protect the residential integrity of the area; and that it ~hall be so-specified on the plans submitted for building permits. 3. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets and/or properties. 4. That a separate irrigation meter for the landscaped areas shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and City Ordinance No. 5349. 5. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Further, the trash enclosures shall be located as far as possible from the west property line which abuts the senior citizens' retirement facility. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information, including the location of the storage areas, shall be specifically shown on the plans submitted for building permits. -5- 6. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Sanitation Division for review and approval. Said information shall be specifically shown on plans submitted for building permits. 7. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 8. That any and all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 9. That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. 10. That emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. 11. That gates shall not be installed across any drivewa~ in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval 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 developed and maintained in conformance with said plans. 13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 14. That, easements for conductors. if required by the City, the developer shall grant the existing on-site 12kV underground electrical 15. That any required relocation of City electrical facilities shall be at the developer's expense. 16. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 17 That the developer shall add one (1) additional street tree well to match the existing tree wells, and one twenty four (24) inch box sized Cajeput tree. The tree shall be planted in accordance with City of Anaheim Planting Specifications. 18. That a twelve (12) foot high masonry block wall shall be constructed and maintained along the west property line adjacent to the senior citizens' retirement facility, as shown on the submitted and approved exhibits; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five (5) foot centers on both sides of said wall, and said landscaping shall be properly irrigated and maintained. During construction of said wall, a temporary fence and a security guard shall be provided to protect the rear parking lot of the adjacent senior citizens' housing facility. 19. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of 9rafflti within twenty four (24) hours from time of occurrence. 20. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 21. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 22. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 23. That, if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed by the property owner within the public right-of-way adjacent to Euclid Street and Medical Center Drive. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 24. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and -7- approved by the Planning Commission; provided, however, that the proposed 60-foot high freeway-oriented sign shall not be permitted. Any additional signage shall be subject to review and approval by the Planning Commission as a "Reports and Recommendations" item. 25. That no banners or other advertising shall be displayed at any time within the service bays facing the public rights-of-way or the freeway. 26. That no public address system or any other communication system that is audible outside the building area shall be permitted for this automotive dealership. 27. That all employee parking shall be limited to the employee parking area, as indicated on the submitted exhibits, or shall be inside the enclosed building. 28. That the storage or overnight parking of vehicles shall be confined entirely to the interior of the buildings or within the designated service yard. All vehicle parts or business-related materials and any work on vehicles (including the washing of vehicles) shall be confined entirely to the interior service bays or to the detail bays. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed ih the front or rear yard areas, or on the roof of the buildingS. 29. That there shall be no outdoor storage in any required parking area. 30. That customer parking spaces shall be striped and clearly marked for "customer parking only"; and that at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to, the buildings. 31. That all deliveries shall take place on-site; and no vehicle deliveries shall be conducted in any public right-of-way. Furthermore, all deliveries, including parts and related materials, shall only be conducted later than 7:00 a.m. and concluded prior to 9:00 p.m. 32. That the roll-up doors for the service bay areas shall be closed before 7:00 a.m. and after 9:00 p.m. in order to reduce any noise that may be generated by auto service and repair activities. 33. (a) That there shall be no special advertising, banners, flags, pennants, balloons attached to vehicles, tents, sales events or other promotional activities unless a Special Event Permit is first obtained to authorize said displays. (b) That there shall be no tethered balloons, rooftop advertising devices or any other freeway-oriented displays permitted at any time. 34. That any proposed vending machines shall be located so as not to be visible to the public rights-of-way, including the freeway off-ramp. 35. That final plans for any bollards or other devices or structures used as a vehicle theft deterrent along the street frontages shall be reviewed and approved by the Zoning Division for aesthetic considerations. 36. That no display or inventory of vehicles shall be permitted within the required landscaped setback areas. 37. That trees shall not be unreasonably trimmed for the purpose of increased visibility of this auto dealership facility. 38. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the Finance Department. 39. That prior to commencing operation of this business and in order to prevent vehicle conflicts with auto transport trucks, a delivery plan for transportation of new and used vehicles to this site shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall indicate delivery of vehicles east of the automotive dealership building and shall be implemented continuously during the course of the operations permitted under this conditional use permit. 40. 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 Exhibit Nos. 1 through 12, and as conditioned herein. 41. That this permit is for a single automotive dealership. If additional dealerships are proposed, a new conditional use permit shall be required. 42. 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, 5, 6, 7, 9, 11, 12, 14, 16, 22, 35 and 45, herein-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. 43. That prior to final building and zoning inspections, Condition Nos. 1, 4, 10, 17, 18, 20, 23, 30 and 40, above-mentioned, shall be complied with. -9- 44. 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. 45. That oil storage shall occur as far away as possible from neighboring residential uses; and that plans showing said storage locations shall be submitted to the City Fire Marshal for review and approval. 46. That there shall Medical Center Drive, Engineer. be no parking allowed on the north side of subject to the approval of the City 47. That any lunch truck services provided at this location shall only occur between the hours of 7:00 a.m. to 3:30 p.m. and said trucks shall be prohibited from blowing their horns on the premises. 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, br any part thereof, be declared invalid or unenforceablgb~ the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of April, 2000. MA~/OR~OFT ~AHE I M ATTEST: CIT THE CITY OF ANAHEIM 35491.1 - ]0- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-67 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of April, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring, Tait ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-67 on the 18th day of April, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 2000. C THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-67 was duly passed and adopted by the City Council of the City of Anaheim on April 18, 2000.