Resolution-PC 2003-151~
RESOLUTION NO. PC2003-151
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04780 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
LOT 2 IN BLOCK "I" OF TRACT NO. 304, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE(S)
50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheirn on November 3, 2003 at 1:30 p.rn., 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 conditional use permit 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
Anaheim Municipal Code Section 18.45.050.060 to wit: to permit and retain an automotive sales lot.
2. That the proposed use, as conditioned herein, 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 site is
surrounded by commercial businesses, including other automotive uses.
3. That the size and shape of the site for the proposed use is adequate to allow full development
of the proposal in a manner not detrimental to the particular area's peace, health, safety and general welfare;
and that the proposal complies with the applicable development standards for the underlying CG
(Commercial, General} zoning.
4. That granting 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 no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines
and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that 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
safery and general welfare of the Citizens of the City of Anaheim:
(a) That this conditional use permit shall expire one (1) year from the date of commencement of the
business herein approved; and
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(b) That the on (1) year time limitation shall commence on the date when the business license is
issued.
2. That no window signage shall be permitted.
3. That no banners or other advertising shall be displayed; and that no special event permits shall be
issued for this business.
4. That no on-site maintenance of vehicles (other than washing) shall be permitted.
5. That the proposal shall comply with all sign regulations of the CG (Commercial, General) Zone unless a
variance allowing sign waivers is approved by the Planning Commission or City Council. All signage
shall be subject to review and approval by the Zoning Division. Any decision regarding such signs may
be appealed to the Planning Commission as a`Reports and Recommendations' item.
6. That prior to commencing operation of this business, a valid business license shall be obtained from the
City Business License Division.
7. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage.
8. 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, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said plans.
9. 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.
10. (a) That customer parking spaces shall be striped and clearly marked 'customer parking onl~;
(b) That at no time shall customer vehicles be stacked, double parked, or left standing in tandem in
front of, or adjacent to the buildings; and
(c) That the number of display vehicles shall be limited to seven (7).
11. That the property owner implement appropriate non-structural and structural Best Management
Practices ("BMPs") in order to minimize the introduction of pollutants to the storm water drainage
system. A plan demonstrating compliance with the BMP's shall be submitted to the Public Works
Department, Development Services Division, for review and approval.
12. That four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting
color to the roof material. The numbers shall not be visible to the adjacent street or properties. Said
information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approval.
13. That no vehicle dismantling shall be permitted on the premises.
14. That test driving of vehicles shall be prohibited within adjacent and nearby residential neighborhoods.
15. That no amplified sound systems shall be utilized outside the building.
16. That the hours of operation shall be limited to 8 a.m. to 9 p.m., daily.
17. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot.
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Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
18. That subject property shall be developed and maintained 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 and 2, and as conditioned herein.
19. That prior to the commencement of the activity authorized by this resolution, or prior to final building and
zoning inspections, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 6, 8, 10, 11, 12, 17 and 18, ~bove-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time
Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and
Administrative Adjustments) of the Anaheim Municipal Code.
20. That approval of this application constitutes aPproval of the proposed request only to the extent that it
complies with the Anaheim M~nicipal Zoning ~ode 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 adoption of this Resolution is exp~essly 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 tinal 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 t e Planning Commission meeting of
November 3, 2003.
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~- AIRPERSON, ANAHEIM CITY PLANNI G COMMISSION
A
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 November 3, 2003, by the follo~ving vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this /~/~day of _ ~,
2003.
ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMtSSION
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