Resolution-PC 2002-106~ ~
RESOLUTION NO. PC2002-106
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04559 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 1, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 441,
RECORDED AUGUST 5, 1999 AS INSTRUMENT NO. 19990573702 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF
ANAHEIM, RECORDED NOVEMBER 10, 1999 AS INSTRUMENT NO. 19990784216
OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 1, 2002 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, s.aid Commission,.afker due.-insp~ction; ir~vestigation and st~dy-rriade 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 permit the indoor retail sale of recreational vehicles
(motorcycles, all terrain vehicles and watercraft) and related accessories.
2. That the use will not adversely affect the adjoining land uses and future growth and
development of the surrounding area in which it is proposed; and that the proposal is a regionally-based
business which draws customers from several surrounding areas and is consistent with the goals for the
Redevelopment Project Area and for development in the underlying CL(SABC) (Commerciat, Limited -
South Anaheim Boulevard Corridor Overiay) Zone.
3. That the size and shape of the site for the proposed retail sale of recreational vehicles is
adequate to allow full development of the proposal in a manner not detrimental to the pa~ticuiar area nor
to the peace, health, safety and general welfare.
4. 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.
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 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: 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:
That if required to provide electrical service to the property, the property owner/developer shall
provide the City of Anaheim with a public utilities easement to be determined as electrical design is
completed.
2. That any required relocation of city electrical facilities shall be at the developer's expense.
3. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on the plans submitted for building permits. Such plans shall also identify the specific screening
treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access
points, etc.) and the plans shall be subject to the review and approval by the appropriate city
departments.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
5. That the activity authorized by this conditional use permit shall be limited to the indoor retail sale of
recreational vehicles (motorcycles, all terrain vehicles and watercraft) and related accessories; and
that commercial vehicle repair or maintenance work shall not be permitted.
6. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all
work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of the
buildings. Absolutely no vehicle work, painting or other business-related activities, storage or display
of vehicles, vehicle parts or materials shall be permitted outdoors.
7. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the Anaheim Finance Department.
8. That all existing and proposed air conditioning facilities and other roof and ground-mounted
equipment shall be properly shielded from view from adjacent residential properties and streets.
Such information shall be specifically shown on the plans submitted for Zoning Division approval.
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 signage for subject fiaciiity shaii be iimited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
11. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of the following:
• Variance No. 2164 (waiver of maximum sign height within 300 feet of residential uses),
• Conditional Use Permit No. 459 (auto and truck overhaul, paint, mechanical, and body repair
facility),
• Conditional Use Permit No. 749 (used car sales and new car storage, including all uses
incidental, and to permit encroachment in the PL zone),
• Conditional Use Permit No. 2509 (automotive dealership with waiver of minimum landscape
setback), and
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• Conditional Use Permit No. 3772 (tour bus terminal including the storage and maintenance of
buses and administrative offices).
12. 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 street or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division, approval.
13. 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, 2 and 3, and as conditioned herein.
14. 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, 3, 7, 8, 11 and 12,
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.
15. That prior to final building and zoning inspections, Condition No. 13, above-mentioned, shall be
complied with.
16. 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.
17. That prior to commencement of the activity authorized by this resolution, an integrated sign program
for this sales facility and the adjoining repair facility shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a"Reports and Recommendations" item.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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.
July 1, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAH M CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 July 1, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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