2000-252RESOLUTION NO. 2000R-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT
NO. 4035 FOR A PERIOD OF ONE YEAR TO EXPIRE
DECEMBER 5, 2001, AND AMENDING CONDITIONS OF
APPROVAL RELATING THERETO.
(CUP TRACKING NO. 2000-04264)
WHEREAS, on August 18, 1998, the City Council adopted
Resolution No. 98R-172 to approve Conditional Use Permit No. 4035
to permit an automobile sales lot with a maximum of five vehicles
on display on property located at 329-331 North State College
Boulevard until August 18, 1999; and that the conditional use
permit was subsequently reinstated until August 18, 2000; and
WHEREAS, this property is developed with a three-unit,
3,570 square foot commercial center, including Kris Kars, in the
CL (Commercial Limited) zone; and that the property is
designated for General Commercial land uses by the Anaheim
General Plan Land Use Element; and
WHEREAS, the petitioner requests reinstatement of this
use permit, which expired on August 18, 2000, to retain the
existing automobile sales lot with a maximum of five display
vehicles for an additional three yeas; and
WHEREAS, on October 9, 2000, the Planning Commission did
hold a duly noticed public hearing and, following said public
hearing, did adopt its Resolution No. PC2000-116 denying
reinstatement of Conditional use Permit No. 4035 for the reasons
set forth therein; and
WHEREAS, within the time permitted by law, an interested
party, or the City Council by its own action, did appeal the
decision of the Planning Commission to the City Council; and
WHEREAS, the City Council did hold a public hearing on
said appeal at the City Hall in the City of Anaheim on December
5, 2000, notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the
Anaheim Municipal Code, 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 City Council after due inspection,
investigation and study made by itself and on its behalf, and
after due consideration of all evidence and reports offered at
said hearing, does find and determine as follows:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code; and
2. The proposed use, if operated in full compliance with
the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it
is proposed to be located; and
3. That the size and shape of the site 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; and
4. 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; and
5. The granting of this approval, under the conditions
imposed herein, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim; and
6. The permit or variance is being exercised substantially
in the same manner and in conformance with all conditions and
stipulations heretofore approved by the City; and
7. The permit or variance is being exercised in a manner
not detrimental to the particular area and surrounding land uses;
nor to the public peace, health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 4035 as
approved by Resolution No. 98R-172 and further amended by
Resolution PC99-168, be, and the same is hereby, reinstated and
extended for a period of one (1) year to expire on December 5,
2001, and the conditions of Conditional Use Permit No. 4035, as
set forth in Resolution No. 98R-172 and amended by Resolution
PC99-168, be, and the same are hereby, amended and restated in
their entirety, to read as follows:
1. That this property shall be maintained in conformance
with plans previously submitted to the City Traffic and
Transportation Manager showing conformance with the current
version of Engineering Standard Plan Nos. 436, 601, and 602
pertaining to parking standards and driveway locations. No
overhang of parked vehicles into landscape areas shall be
permitted.
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2. That the on-site landscaping shall be in conformance
with the plans on file which were approved by the Planning
Commission as a Reports and Recommendations item. Landscaping
shall include a minimum of seven (7) minimum 15-gallon trees
planted adjacent to State College Boulevard.
3. 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 City of Anaheim, Business License Division of the Finance
Department.
5. That minimum 1-gallon size fast-growing clinging vines
shall be maintained on maximum three-foot centers adjacent to the
southern and western property line masonry walls.
6. That a maximum of one (1) vehicle shall be displayed
inside of the showroom.
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 southern 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 Division of Motor Vehicles.
8. That there shall be no vehicles 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 windows signs shall not be permitted.
11. That the business hours shall be limited to 10 a.m. to 7
p.m. daily.
12. That subject use permit shall expire on December 5,
2001.
13. That the existing wall sign shall not be altered unless
specifically approved by the Planning Commission as a "Reports
and Recommendations" item.
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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 subject 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 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.
THE
City Council of
December, 2000.
FOREGOING RESOLUTION is approved and adopted by the
the City of Anaheim this 5th day of
ATTEST:
CI~Y-CLER~ OF THE CITY OF ANAHEIM
38216.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-252 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 5th day of December, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, M¢Cracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
~ CLERI~'OF THE CITY OF ANAHEIM
(SEAL)