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Resolution-PC 2001-1504~ ~ RESOLUTION NO. PC2001-150 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04448 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 2 OF PARCEL MAP NO. 93-156, AS SHOWN ON A MAP FILED IN BOOK 287, PAGES 16 AND 17 OF PARCEL MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 22, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the October 8, 2001 Planning Commission meeting; 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 18.44.050.060 to establish an automotive sales lot with employee parking in con;unction with an existing automotive dealership and with waiver of the following: Sections 18.04.060.050 - Required parkinq lot landscapinq. 18.06.030.040 (average 48 sq.ft. landscaped planter required between every maximum and 18.44.066.030 10 parking spaces; 16 sq.ft. tree wells proposed for every 6 parking spaces) 2. That there is a special circumstances applicable to this property, consisting of its having two street frontages, which does not apply to other identically zoned properties in the vicinity; and that the proposed landscaping, including trees in setbacks and tree wells, exceeds Code requirements. 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 4. That the proposed use, which will be accessory to an existing automobile dealership (Hardin Honda at 1381 Auto Center Drive), 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 similar land uses exist in the surrounding area. 5. 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 because an additional parking area will be created and will reduce the competition for off-street parking in the immediate vicinity. 6. 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. 7. 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. CR5216PK.doc -1- PC2001-150 ~ ~ 8. 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: That the Anaheim City Planning Commission has reviewed the proposal to establish an automotive sales lot with an employee parking lot in conjunction with an existing automotive dealership and with waiver of required parking lot landscaping on a rectangularly-shaped 2.95-acre property located between Auto Center Drive and Sanderson Avenue approximately 445 feet west of the centerline of Phoenix Club Drive, having frontages of 399 feet on the south side of Auto Center Drive and 366 feet on the north side of Sanderson Avenue, and further described as 1330 Auto Center Drive; 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, 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 this accessory use is contingent upon the continued primary use of the property located at 1381 Auto Center Drive (Hardin Honda) as an automotive dealership and in the manner currently operated. In the event that said automobile dealership at 1381 Auto Center Drive ceases operation, this eonditio- nal use peFFnit sk~all no Jong~r be valid. 2. That a final landscaping, irrigation and lighting plan for subject property shall be submitted to the Zoning Division for review and approval. Said plans shall include information regarding the proposed decorative lighting standards, the hardscape barrier proposed to secure the auto sales lot, and the planting of canopy-type trees within the employee parking lot area. The plan shall incorporate a minimum of finrenty (20), twenty four (24) inch box sized, trees along Auto Center Drive and eighteen (18), finrenty four (24) inch box sized, trees along Sanderson Avenue. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. 3. That the landscaped planters shall be permanently maintained with live and healthy plants. 4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 5. That final detailed sign plans shall be submitted to the Zoning Division for review and approval. Said plans shall provide specific information pertaining to the monument sign proposed adjacent to Auto Center Drive in compliance with the sign standards pertaining to the CL "Commercial, Limited" Zone. Any decision made by the Zoning Division regarding said sign plans may be appealed to the Planning Commission and/or City Council. Any additional signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 6. 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. 7. That the on-site maintenance of automobiles or trucks on this property shall not be permitted. 8. That there shall be no outdoor storage on this property; and that the display of for-sale automobiles shall be permitted as specified on the submitted exhibits approved by the Planning Commission. -2- PC2001-150 ~ i 9. 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. 10. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 11. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition No. 9, above-mentioned, shall be complied with. 12. 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. 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. TH~ F4REGOING RESOL-UTG~N was adopted at the Planning Commission meeting of October 22, 2001. . ~~C~'~- CHAIR RSON PRO-T PORE ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~.~~-~-- V~JvYt~Z~t~PJI 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 October 22, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS ' NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~j~a~ern b~ , zoo~. ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-150