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Resolution-PC 2001-170• RESOLUTION NO. PC2001-170 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4035, AND AMENDING CERTAIN CONDITIONS OF APPROVAL THEREOF WHEREAS, on August 18, 1998, the Anaheim City Council adopted Resolution No. 2000R- 252 to grant Conditional Use Permit No. 4035 and permit an automobile sales lot with a maximum of 5 vehicles on display); that on December 5, 2000 the City Council adopted Resolution No. 2000R-252 to reinstate this use permit for one year; and that Condition No. 12 of said resolution specifies that the use shall expire on December 5, 2001; and WHEREAS, this property is developed with a three-unit 3,570 square foot commercial center in the CL (Commercial, Limited) zone including subject business, Kris Kars at 329-331 North State College Boulevard; and that the property is designated for General Commercial land uses by the Anaheim General Plan; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on December 5, 2001, to retain the existing automotive sales lot with a maximum of five (5) display vehicles and to delete Condition No. 12 pertaining to the one year time limitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 3, 2001, at 1:30 p.m., notice of said public hearing having been duly given as req~tired by law and i~t accoFdanee wi~k~ the pFOVisions o# the ,4naheirr~ Municipal Code, Chapter 18.03, 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 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 the Zoning Code in the CL (Commercial, Limited) zone. 2. That this use has operated in substantially the same manner as approved by the City Council; and that the Code Enforcement Division has inspected the premises and determined that the automotive sales facility is in compliance with all applicable conditions of approval. 3. That the use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, as evidenced by the absence of Code Enforcement Division comptaints for this property. 4. That the use permit is being exercised in conformance with all conditions and stipulations originally approved by the approval body. 5. That the use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health and safety and general welfare. 6. That with regard to deletion of the time limitation, amendment of said time limitation to permit the use for an additional three years is necessary to permit reasonable operation under the use permit as originally granted. (Tracking No. CUP 20010-04471) CR5255PK.doc -1- PC2001-170 • • 7. That the use, as reinstated, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 8. That the size and shape of the site for the use, as reinstated, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 9. That the traffic generated by the use, as reinstated, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 10. That reinstating 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. 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4035 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 wi41 have a sigFlFfea~t effeet on the e~vironr~en~. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 2000R-252, adopted in connection with Conditional Use Permit No. 4035, to retain an existing automotive sales lot with a maximum of five (5) display vehicles; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions of approval in their entirety to read as follows: That subject use permit shall expire on December 5, 2004. 2. That the on-site landscaping shall be in conformance with the plans on file, which plans were approved by the Planning Commission as a"Reports and Recommendations" item. Landscaping shall include a minimum of seven (7), minimum fifteen (15) gallon sized, trees planted adjacent to State College Boulevard. 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 Business License Division of the City of Anaheim Finance Department. 5. That minimum one (1) gallon sized fast-growing clinging vines shall be maintained on maximum three (3) foot centers adjacent to the masonry walls along the south and west property lines. 6. That a maximum of one (1) vehicle may be displayed inside the showroom. -2- PC2001-170 • • 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 south 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 of California Division of Motor Vehicles. 8. That no vehicles shall be 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 no window signs shall be permitted. 11. That the business hours shall be limited to 10 a.m. to 7 p.m. daily. 12. That this property shall be maintained in conformance with p4ans previously submitted to the City Traffic and Transportation Manager showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. No parked vehicles shall be permitted to overhang the landscaped areas. 13. That the existing wall sign shall not be altered unless specifically approved by the Planning Commission as a"Reports and Recommendations" item. 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 subjec# 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 [1] 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. -3- PC2001-170 • ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 2001. ~ ~ ~~ CHAIRPER N, ANAHEIM C PLANNING COMMISSION ATTEST: 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 December 3, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this ~~~y day of 1~2C2w~.~OGV` , 2001. i~i~C.P~or~+•so'"L ~a~ ~rYLR~vt.Gl~J SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-170