Loading...
Resolution-PC 2002-121~ RESOLUTION NO. PC2002-121 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC73-208, AS AMENDED BY RESOLUTION NOS. PC96-122 AND PC2002-3, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1424, TO REINSTATE CERTAIN USES UNTIL JANUARY 14, 2011 WHEREAS, on September 27, 1973, the Anaheim City Planning Commission, by its Resolution No. PC73-208, granted Conditional Use Permit No. 1424, in part, to permit a new and used automobile sales and service agency with waivers of minimum landscaped setback (approved in part), required enclosure of outdoor uses with a solid masonry block wall fence, minimum number of free- standing signs and minimum distance befinreen free-standing signs, permitted location of free-standing signs, and maximum sign area; and that two proposed waivers (minimum landscaped setback from major and secondary arterial highways, and minimum number of parking spaces) were denied; and WHEREAS, on December 9, 1996, the Planning Commission, by its Resolution No. PC96-122, amended Resolution No. PC73-208, above-mentioned, to permit a second automotive sales and service facility on the southerly 3.6 acres of the subject 5.5-acre property; that one waiver (maximum sign area) was deleted; that two waivers (minimum landscaped setback, and minimum number of free- standing signs and minimum distance between free-standing signs) were amended; that the conditions of approval were amended, including the addition of new Condition No. 14 which specified that the second dealership would expire five years from the date of the resolution on December 9, 2001; and that said - - -use-no-IQngeF operetes at ~hES location, and _ WHEREAS, on January 14, 2002, the Planning Commission, by its Resolution No. PC2002-3, further amended Resolution No. PC73-208, to permit and retain an automotive center with three independent automotive businesses, including an automotive sales dealership with accessory auto financing services and an automotive repair facility with a temporary modular office building located on the northerly 1.9 acres of the 5.5-acre property; and that the conditions of approval were amended in their entirety, including Condition No. 1 which reads as follows: That subject use permit for the automotive center with three independent automotive businesses, including an automotive sales dealership with accessory auto finance services and an automotive repair facility with a temporary modular office building, shall expire one (1) year from the date of this resolution. Upon expiration, the property shall revert back to its original approved use (one full service automotive dealership facility) for the northern 1.9-acre portion of the property. W HEREAS, on November 13, 2001, the City Council, by its Resolution No. 2001 R-281, approved Conditional Use Permit No. 2001-04441 to permit an auto coiiision repair and auto ~entai facility on the southerly 3.6 acres of the subject 5.5-acre property; and WHEREAS, the uses on this 5.5-acre property are entitled under two separate conditional use permits: subject Conditional Use Permit No. 1434 on the northerly 1.9 acres (2223 East Katella Avenue), and Conditional Use Permit No. 2001-04441 on the southerly 3.6 acres (2225 East Katella Avenue); that the property is developed with 31,316 square feet of building area including 5,550 square feet on the northerly 1.9 acres; that the zoning is ML (Limited Industrial); that the Anaheim Stadium Area Master Land Use Plan (which was approved on March 3, 1999) included subject property within the study area and designates the property "Existing DistricY' (which permits industrial uses in accordance with the development standards of the underlying ML Zone; and that the Land Use Element of the Anaheim General Plan designates the property for Business Office/Mixed Use/Industrial; and WHEREAS, under authority of Anaheim Municipal Code Sections 18.03.092 and 18.03.093, the petitioner requests reinstatement of certain uses entitled under Conditional Use Permit No. CR5438DM.dm -1- PC2002-121 • • 1424 by the modification or deletion of certain conditions of approval, including a 1-year time limitation (under which this use permit will expire on January 14, 2003), to retain the automotive sales dealership with accessory auto finance services and an automotive repair facility with a modular office building on the northerly 1.9 acres of the 5.5-acre automotive center with three independent automotive businesses; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 12, 2002 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reinstatement and approval of Conditional Use Permit No. 1434, 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 use as proposed to be reinstated (an automotive sales dealership with accessory auto finance services and an automotive repair facility with a modular office building on the northerly 1.9 acres of subject property) is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. That, with the exception of the modular building, this use permit is currently being exercised in substantially the same manner and in conformance with all conditions and stipulations -- originally approved {and s~abseq~ae~tly aKn~ndgd)-by the-approvaL body as required by Subsection 18.03.093.040 of the Zoning Code. 3. That amending this conditional use permit, under the conditions imposed, will not be detrimental to the particular area and surrounding land uses, nor to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 4. That the use, as reinstated and under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 5. That the size and shape of the site for the use, as reinstated and under the conditions imposed, is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. That the traffic generated by the use, as reinstated and under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That amending the conditions of approval, including the imposition of additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as granted. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence in opposition was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend this conditional use permit by the modification or deletion of certain conditions of approval (including the time limitation under which the approved use will expire on January 14, 2003) to retain an automotive sales dealership with accessory auto finance services and an automotive repair facility with a modular office building on the northerly 1.9 acres (2223 East Katella Avenue) of an automotive center with three independent automotive businesses on an irregularly-shaped 5.5-acre property located north and west of the northwest corner of Katella and Howell -2- PC2002-121 • ~ Avenues, and having frontages of 420 feet on the northwest side of Katella Avenue and 262 feet on the southwest side of Howell Avenue; and does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request upon a finding by the Commission 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 will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend subject Conditional Use Permit to retain the automotive sales dealership with accessory auto finance services and the automotive repair facility on the northerly 1.9 acres of the 5.5- acre automotive center with three independent automotive businesses until January 14, 2011; and BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the temporary modular office building which was accessory to the automotive repair facility; and BE IT FURTHER RESOLVED that the conditions of approval adopted in connection with this Conditional Use Permit, as amended, are hereby amended in their entirety to read as follows: 1. That subject use permit, as approved for an automotive sales dealership with accessory auto finance services and an automotive repair facility on the northerly 1.9 acres of an automotive center with three independent automotive businesses, shall expire on January 14, 2011. Upon expiration, the property shall revert back to its original approved use (one full service automotive dealership facility on the northerly 1.9 acres of the 5.5-acre subject property). 2. That trash storage area(s) 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 the adjacent streets and highways. 3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 4. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. 5. That within a period of one (1) month from the date of this resolution, the modular trailer shall be removed from the property. 6. 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 graffiti within twenty four (24) hours from time of occurrence. 7. That signage shall be limited to the one (1) existing permitted freestanding pole sign and two (2) wall signs. Any changes to the existing signs or any additional signs for this property shall be submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item. 8. That vehicle parts, or other business-related materials, and all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no vehicle body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front setback areas, or on the roof of the buildings. Only the vehicles for sale may be displayed in the area adjacent to Howell Avenue. 9. That no outdoor work on vehicles or vehicle parts shall be permitted; and that all existing outdoor storage shall be removed and any existing outdoor work terminated. -3- PC2002-121 • • 10. That four (4) foot high street address numbers shall be maintained on the roof of the building in a contrasting color to the roof. The numbers shall be installed/applied and shall not be visible to the adjacent streets or properties. 11. That the customer and employee parking spaces shall be marked and/or posted, and that there shall be no storage or display of vehicles or other business related materials within these designated parking spaces. 12. That subject facility shall be subject to monthly inspections by the City Code Enforcement Division for the first year of reinstatement until January 14, 2003. The cost of such inspections shall be borne by the businesses within the subject auto center facility. 13. That no special events (including no flags and/or banners) shall be permitted. 14. That the petitioner shall maintain the existing landscaped areas with a minimum of thirteen (13) trees adjacent to Howell Avenue. Any on-site tree shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. Any replacement trees shall be selected from the Plant Palette identified in the Anaheim Stadium Area Master Land Use Plan, and that such trees shall be minimum finrenty four (24) inch box sized. 15. That the petitioner shall maintain the asphalt portions of the parking Iot and the service yard in good repair. - 1_6. That within a pe~iod of one (1) month from the date of this resolution, all debris associated with the demolition of the block wall shall be removed from the property. ~ ~ 17. 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. 2 of Exhibit No. 1, and Exhibit Nos. 2 and 3, and as conditioned herein. 18. That within a period of one (1) month from the date of this resolution, Condition Nos. 5 and 16, above-mentioned, shall be complied with. 19. 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 Anaheim City Planning Commission does hereby find and determine that adopfion of this Resoiution is expressiy predicated upon app~icant's cornpfianc2 with each and all of the conditions hereinabove set forth. 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, shaU be deemed null and void. -4- PC2002-121 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 12, 2002. ~ ~~/~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~t~~~_ ~..e.c~G,..~ ~~ 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 August 12, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of ~i~vS~ _, 2002. _~!1~~g.-` 4-~.~y,.~~d~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION Tracking No. CUP2002-04578 -5- PC2002-121