Resolution-PC 2001-170•
RESOLUTION NO. PC2001-170
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4035,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREOF
WHEREAS, on August 18, 1998, the Anaheim City Council adopted Resolution No. 2000R-
252 to grant Conditional Use Permit No. 4035 and permit an automobile sales lot with a maximum of 5
vehicles on display); that on December 5, 2000 the City Council adopted Resolution No. 2000R-252 to
reinstate this use permit for one year; and that Condition No. 12 of said resolution specifies that the use
shall expire on December 5, 2001; and
WHEREAS, this property is developed with a three-unit 3,570 square foot commercial
center in the CL (Commercial, Limited) zone including subject business, Kris Kars at 329-331 North State
College Boulevard; and that the property is designated for General Commercial land uses by the
Anaheim General Plan; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
expired on December 5, 2001, to retain the existing automotive sales lot with a maximum of five (5)
display vehicles and to delete Condition No. 12 pertaining to the one year time limitation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 3, 2001, at 1:30 p.m., notice of said public hearing having been duly
given as req~tired by law and i~t accoFdanee wi~k~ the pFOVisions o# the ,4naheirr~ Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed amendment and to investigate and
make findings and recommendations 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
the Zoning Code in the CL (Commercial, Limited) zone.
2. That this use has operated in substantially the same manner as approved by the City
Council; and that the Code Enforcement Division has inspected the premises and determined that the
automotive sales facility is in compliance with all applicable conditions of approval.
3. That the use permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, as evidenced by the absence of Code Enforcement Division comptaints for
this property.
4. That the use permit is being exercised in conformance with all conditions and stipulations
originally approved by the approval body.
5. That the use permit is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health and safety and general welfare.
6. That with regard to deletion of the time limitation, amendment of said time limitation to
permit the use for an additional three years is necessary to permit reasonable operation under the use
permit as originally granted.
(Tracking No. CUP 20010-04471)
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7. That the use, as reinstated, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
8. That the size and shape of the site for the use, as reinstated, is adequate to allow full
development of the use 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 use, as reinstated, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
10. That reinstating this 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.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4035 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with 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 substantial evidence
that the project wi41 have a sigFlFfea~t effeet on the e~vironr~en~.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. 2000R-252, adopted in connection with Conditional Use Permit No. 4035,
to retain an existing automotive sales lot with a maximum of five (5) display vehicles; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in their entirety to read as follows:
That subject use permit shall expire on December 5, 2004.
2. That the on-site landscaping shall be in conformance with the plans on file, which
plans were approved by the Planning Commission as a"Reports and
Recommendations" item. Landscaping shall include a minimum of seven (7),
minimum fifteen (15) gallon sized, trees planted adjacent to State College
Boulevard.
That no on-site maintenance of automobiles or trucks, including cleaning and
detailing, or storage of vehicle lubricants or vehicle parts, shall be permitted.
4. That a valid business license shall be maintained with the Business License Division
of the City of Anaheim Finance Department.
5. That minimum one (1) gallon sized fast-growing clinging vines shall be maintained
on maximum three (3) foot centers adjacent to the masonry walls along the south
and west property lines.
6. That a maximum of one (1) vehicle may be displayed inside the showroom.
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7. That the outdoor display of vehicles shall be limited to five (5) vehicles. Said
vehicles shall be displayed in the parking area along the south property line, only in
the area specifically identified for said display on Exhibit No. 1. No price signs or
other advertising shall be placed on or around these five (5) vehicles, with the
exception of information required by the State of California Division of Motor
Vehicles.
8. That no vehicles shall be displayed in any landscaped areas.
9. That flags, banners, pennants, balloons, and other outdoor displays shall not be
permitted in conjunction with the business authorized by this conditional use permit.
10. That no window signs shall be permitted.
11. That the business hours shall be limited to 10 a.m. to 7 p.m. daily.
12. That this property shall be maintained in conformance with p4ans previously
submitted to the City Traffic and Transportation Manager showing conformance with
the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining
to parking standards and driveway locations. No parked vehicles shall be permitted
to overhang the landscaped areas.
13. That the existing wall sign shall not be altered unless specifically approved by the
Planning Commission as a"Reports and Recommendations" item.
14. That no outdoor speakers or amplified sound system shall be permitted in
conjunction with the operation of this business.
15. That subject property shall be maintained 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 No. 1, and as conditioned
herein.
16. That the subject business shall be subjec# to monthly inspections by the City's Code
Enforcement Division during the entire duration of the business. That the costs of
such inspections (not to exceed the cost of one [1] inspection per month) shall be
borne by the business owner and paid to the Code Enforcement Division in an
amount established by the Code Enforcement Division of the Planning Department.
The purpose of the inspection shall be to determine compliance with conditions of
approval. Payment of said fee shall be made within ten (10) days following receipt
of an invoice.
17. 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 3, 2001.
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CHAIRPER N, ANAHEIM C PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~y day of
1~2C2w~.~OGV` , 2001.
i~i~C.P~or~+•so'"L ~a~ ~rYLR~vt.Gl~J
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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