Resolution-PC 2004-33~ ~
RESOLUTION NO. PC2004-33
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04839 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 35 OF TRACT NO. 1392 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 42 PAGES 25 AND
26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
WHEREAS, the City Planning Commission did ho~d a public hearing at the Civic Center
in the City of Anaheim on March 22, 2004 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 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 18.41.050.020 to establish an automobile rental agency.
2. That the proposal is a conditionally permitted use in the underlying CO (Commercial,
Office and Professional) zone.
3. That the proposed use 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 no added traffic or parking
impacts will occur due to the low-intensity nature of the proposed vehicle rental business.
4. 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 nor to the peace, health,
safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. 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.
7. That no one indicated their presence at the public hearing in opposition to the proposal,
and 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.
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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 safety and general welfare of the Citizens of the City of Anaheim:
1. That the proposal shall comply with all signing requirements for a residential structure in the CO
(Commercial, Office and Professional) Zone which is converted to a commercial use unless a
variance allowing sign waivers is approved by the Planning Commission or City Council.
2. That prior to commencing operation of this business, a valid business license shall be obtained from
the City of Anaheim Business License Division.
3. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage.
4. 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.
5. 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 street or adjacent properties. Said
information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approval.
6. That this use shall be limited to a vehicle rental business only. No repair, on-site vehicle display or
sales, washing, detailing or other work shall be performed on the premises.
7. That a maximum of finro (2) vehicles shall be stored on-site outside the required parking area (one
(1) vehicle for retail sales to comply with the California Department of Motor Vehicles ("DMV")
licensing requirements and one (1) vehicle for rental customer pick-up and drop-off).
That there shall be no advertising displays permitted on the sales/rental vehicles located on site
(except as may be required by the DMV for the `for sale' vehicle).
9. That trash storage areas/barrels shall be located out of the public view.
10. That no Special Event Permits shall be issued for this property.
11. That, as proposed by the petitioner, the business shall have no more than three (3) on-site
employees and the hours of operation shall not exceed the following:
Monday through Friday: 8 a.m. to 8 p.m.
Saturday: 8 a.m. to 5:30 p.m.
Sunday: 9 a.m. to 8 p.m.
12. 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 No.1, and as conditioned herein.
13. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 12 and 16,
herein-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.
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14. 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.
15. That no portable tents or shade coverings shall be permitted on the property.
16. That the existing roof-mounted equipment shall be screened from view.
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.
March 22, 2004.
THE FOREGOING RESOLUTION was adopted ~t the Planning Commission meeting of
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ARY, 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 March 22, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2004.
C./~ ~ /~ ~ n /1~ .
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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