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Resolution-PC 2001-149• RESOLUTION NO. PC2001-149 ~~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04450 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: PARCEL 1: THE WEST 5 ACRES OF THAT PORTION OF SECTION 4, TOWNSHIP 4 SOUTH RANGE 9 WEST, OF THE SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE MARCH 23, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE EAST 30.00 CHAINS; THENCE SOUTH 20 RODS AND 15 LINKS; THENCE WEST 30.00 CHAINS PARALLEL WITH THE NORTH LINE OF SAID SECTION TO THE WEST LINE THEREOF; THENCE NORTH 20 RODS AND 15 LtNKS TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Gity of Anaheim on October 8; ~OQ1 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 18.110.070.050.0544 to permit accessory motorcycle sales in conjunction with a motorcycle parts manufacturer. 2. That the proposed retail showroom, located in Development Area 2"Expanded Industrial Area" of the Northeast Area Specific Plan No. 94-1, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 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 nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use wiil not impase an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this conditional use permit for accessory the retail sales of motorcycles under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CR5215PK.DOC -1- PC2001-149 • • 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 safety and general welfare of the Citizens of the City of Anaheim: That the hours of operation shall be limited to the following, as stipulated by the petitioner: Monday through Friday: 8:00 a.m. to 4:30 p.m. That outdoor storage associated with the sale of motorcycles shall be prohibited. 3. That flags and banners shall not be permitted. 4. That special events shall not be permitted. 5. That all sales of motorcycles shall be conducted solely inside the building. 6. That four (4) foot high street 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 adjoining streets or adJacent proper~ies. Said iFl#orrrtation sha41 be specifically shown on- plans submitted for review and approval by the Police Department. 7. Prraposed Condition No. 7 was deleted at the Planning Commission public hearing. 8. That any proposed signs advertising the accessory motorcycle sales shall be submitted to the Zoning Division for Planning Commission review and approval as a"Reports and Recommendations" item. 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. 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 Exhibit Nos. 1 and 2, and as conditioned herein. 11. 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 and 10, above-mentioned, shall be complied with. 12. That approval of this application constitutes approvaf of the proposed request oniy to the extent that it complies with the Anaheim Municipat 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 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. -2- PC2001-149 1.~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 8, 2001. , ~. RPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~ ~j '/ren.~_~_s(¢a a 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 October 8, 2001, 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 ~~ day of averr~ ~rz, 2001. .~~~-- t T~-~-~,~.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-149