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Resolution-PC 2002-3~ RESOLUTION NO. PC2002-3 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC73-208 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1424 WHEREAS, on September 17, 1973, Resolution No. PC73-208 was adopted by the Anaheim City Planning Commission to grant Conditional Use Permit No. 1424 and permit a new and used automobile sales and service agency with waivers of minimum landscape setback, required enclosure of outdoor use with solid masonry block wall fence, minimum number of freestanding signs and permitted distance between signs, location of freestanding signs and maximum permitted sign area. WHEREAS, on December 9, 1996, the Anaheim City Planning Commission allowed the entitlement of Conditional Use Permit No. 1424 to be split into two (2) portions by approving a second auto dealership facility for the southern 3.6-acre portion of the property. Resolution No. PC96-122, • adopted in connection with Conditional Use Permit No. 1424 (Readvertised), permitted the second auto dealership facility (Price Auto Outlet) with accessory automotive repair for five (5) years, to expire on December 9, 2001. Price Auto Outlet is no longer operating at this location. WHEREAS, Conditional Use Permit No. 2001-04441 (to permit an auto collision repair and auto rental facility) was approved by the City Council on November 13, 2001, following approval by the Commission on September 24, 2001. This zoning action pertains to the southern 3.6-acre portion of this property. This business is replacing the previously-approved second auto dealership facility (approved in 1996) and Resolution No. PC96-122 has expired with no requests anticipated for reinstatement. WHEREAS, the petitioner requests amendment to the Conditional Use Permit under authority of Code Section Nos. 18.03.030, 18.61.050.050 and 18.61.050.070 to permit and retain an 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, all located on the northerly 1.9 acre portion of this 5.48 acre property. WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 8, 2001 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 amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the November 19, December 3, December 17, 2001 and January 14, 2002 Planning Commission meetings; 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, is properiy one for which a conditional use permit is authorized by the Zoning Code; and that the proposal, as conditioned herein, will not adversely affect the adjacent land uses or the growth and development of the area in which the use is located. 2. That the size and shape of the site for the use, as proposed, is adequate to allow full development of the property in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 3. That the traffic generated by the use, as proposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. (Tracking No. 2001-04446) 1 PC2002-3 CR5273DM.doc ~ • 4. That amending 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. 5. That the property provides adequate ingress/egress from public streets, adequate on-site vehicular circulation, and adequate parking for customers and employees for the combined uses on the property. 6. That the use, as proposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that a site inspection by staff showed that the property was in good condition in terms of landscaping and maintenance. 7. That no one indicated their presence at said public hearing in opposition; 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 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 on the northerly 1.9 acre portion of this 5.48-acre property; 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 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, THER_EFORE, BE IT RESOLVED thai the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found 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 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 o~ce 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. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for Planning Department and Public Works Department, Streets and Sanitation Division approval. 3. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 4. That an on-site trash trucic turn-around area shali be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 5. That the petitioner shall obtain the necessary permits from the Building Division for the temporary modular office building. That the temporary modular office building shall be relocated to the rear (west) portion of the property, and that all air conditioning facilities and ground mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for Building Division approval. - 2 - PC2002-3 • ~ 6. That the property shail be permanently maintained in an orderly fashion by providing regular landscape 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 existing permitted freestanding pole sign and two wall signs. Any changes to the existing signage or additional signage for this property shall be reviewed and approved by the Pfanning Commission 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 vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front yard 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 vehicular parts shall be permitted and that all existing storage shall be removed and any existing outdoor work terminated. 10. That a plan showing 4-foot high address numbers displayed on the roof in a contrasting color to the roof material shall be submitted to the Police Department, Community Services Division for review and approval. The numbers shall be installed/applied and shall not be visible from the view of the street or adjacent 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's Code Enforcement Division during the entire duration of the business. The cost of such inspections shall be borne by the businesses within the subject auto center facility. 13. That no special events (including flags and banners) shall be permitted. 14. That the petitioner shall submit landscape plans to the Zoning Division, showing the retention of the two (2) mature trees adjacent to Howell Avenue and the planting of an additional eleven (11) 24-inch box trees for a total of thirteen (13) trees adjacent to Howell Avenue. The petitioner shall use trees currently listed in the plant palette contained in the Anaheim Stadium Area Master Land Use Plan. Said trees shall be planted within thirty (30) days from the date of plan approval and properly maintained to ensure healthy growth. 15. That the petitioner shall repair, slurry and restripe the damaged portions of the parking lot and the service yard. 16. 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 No. 1, and Exhibit Nos. 2 and 3, and as conditioned herein. 17. That Condition Nos. 2, 3, 4, 5, 10, 11, 14, 15 and 16, above-mentioned, shall be completed within a period of sixty (60) days from the date of this resolution. 18. 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. - 3 - PC2002-3 i ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance 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, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 14, 2002. , p/ -~1 VL6~E~' CHAIRPERS ANAHEIM CITY NNING COMMISSION ATTEST: ~ ~[.o 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 ce~tify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 14, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this Z S ~ day of ,n a.-r , 2002. ~~~~~Ce~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2002-3