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Resolution-PC 2003-151~ RESOLUTION NO. PC2003-151 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04780 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 2 IN BLOCK "I" OF TRACT NO. 304, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE(S) 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheirn on November 3, 2003 at 1:30 p.rn., 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 18.45.050.060 to wit: to permit and retain an automotive sales lot. 2. That the proposed use, as conditioned herein, 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 the site is surrounded by commercial businesses, including other automotive uses. 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's peace, health, safety and general welfare; and that the proposal complies with the applicable development standards for the underlying CG (Commercial, General} zoning. 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 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. 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 safery and general welfare of the Citizens of the City of Anaheim: (a) That this conditional use permit shall expire one (1) year from the date of commencement of the business herein approved; and cr\PC2003-151.doc -1- PC2003-151 • • (b) That the on (1) year time limitation shall commence on the date when the business license is issued. 2. That no window signage shall be permitted. 3. That no banners or other advertising shall be displayed; and that no special event permits shall be issued for this business. 4. That no on-site maintenance of vehicles (other than washing) shall be permitted. 5. That the proposal shall comply with all sign regulations of the CG (Commercial, General) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. All signage shall be subject to review and approval by the Zoning Division. Any decision regarding such signs may be appealed to the Planning Commission as a`Reports and Recommendations' item. 6. That prior to commencing operation of this business, a valid business license shall be obtained from the City Business License Division. 7. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage. 8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 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. (a) That customer parking spaces shall be striped and clearly marked 'customer parking onl~; (b) That at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings; and (c) That the number of display vehicles shall be limited to seven (7). 11. That the property owner implement appropriate non-structural and structural Best Management Practices ("BMPs") in order to minimize the introduction of pollutants to the storm water drainage system. A plan demonstrating compliance with the BMP's shall be submitted to the Public Works Department, Development Services Division, for review and approval. 12. That four (4) foot high 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 adjacent street or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 13. That no vehicle dismantling shall be permitted on the premises. 14. That test driving of vehicles shall be prohibited within adjacent and nearby residential neighborhoods. 15. That no amplified sound systems shall be utilized outside the building. 16. That the hours of operation shall be limited to 8 a.m. to 9 p.m., daily. 17. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. -2- PC2003-151 . ~~ Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 18. That subject property shall be developed and maintained 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. 19. 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, 8, 10, 11, 12, 17 and 18, ~bove-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 20. That approval of this application constitutes aPproval of the proposed request only to the extent that it complies with the Anaheim M~nicipal Zoning ~ode 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 exp~essly 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 tinal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at t e Planning Commission meeting of November 3, 2003. ~-1p.~. " L~v~2(J'CC~ ~- AIRPERSON, ANAHEIM CITY PLANNI G COMMISSION A IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior 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 November 3, 2003, by the follo~ving vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this /~/~day of _ ~, 2003. ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMtSSION -3- PC2003-151