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Resolution-PC 2003-96• . RESOLUTION NO. PC2003-96 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04711 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 OF PARCEL MAP NO. 92-201, AS SHOWN ON A MAP FILED IN BOOK 275, PAGES 8 AND 9 OF PARCEL MAPS, IN 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 June 30, 2003 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 ~roperly one for which a conditional use permit is authorized. by Anaheim Municipal Code Section 18.110.080.050.0533 to permit conversion of new vehicles into limousines. 2. That on June 17, 2003, the City Council adopted Ordinance No. 5865 (which takes effect 30 days after that date) to approve an amendment (Specific Plan Adjustment 2003-00022) to subsection 18.110.080.050 of the Anaheim Municipal to add a new subsubsection .533 allowing `new vehicle conversion' by conditional use permit in Development Area 3 of the Northeast Area Specific Plan No. 94- 1. 3. That the proposed use 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 said use is similar in nature to industrial manufacturing; and that the use is similar to `auto manufacturing' and 'motor vehicle assembly plants (new)', both of which are Permitted Primary Uses in the underlying zone. 4. 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. 5. 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. 6. That the proposed use will not be detrimental to the surrounding industrial businesses because it is similar in nature to industrial manufacturing. 7. That the size and shape of the site for the proposed use is adequate to allow full development and operation of the business in a manner not detrimental to surrounding properties, nor to the peace, health, safety and general welfare. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. Cr\PC2003-096 -1- PC2003-96 • ~ 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 there shall be no outdoor vehicle sales display area. 2. That all temporary outdoor storage of finished vehicles and washing of the vehicles shall be limited to the area behind the existing industrial building as shown on Exhibit No. 1; and that such storage shall not visible to the public rights-of-way (Kraemer Boulevard and Coronado Street). Further, no required parking area shall be fenced or otherwise enclosed for outdoor storage. All other storage shall be limited to the interior of the building. 3. That all auto body work shall be conducted wholly inside the building. 4. That no special event permits shall be permitted for this property. That the operation approved herein shall be limited to the modification of new vehicles for resale. No other automobile repair and/or auto body work shall be permitted on the premises. That the property owner shall submit a letter to the Zoning Division requesting termination of the following: Conditional Use Permit No. 188 - permitting a planned unit shopping center with restaurant and cocktail lounge; and Conditional Use Permit No. 3616 - permitting accessory service and outdoor display of marine vehicles and construction of a 2,100 sq.ft. mezzanine in conjunction with a previously approved marine vehicle manufacturing and retail sales facility with waiver of permitted encroachments. 7. That the developer shall submit a water quality management plan ("WQMP") specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 8. 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. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 10. 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. 11. That this proposal shall comply with all sign requirements of Development Area 3(La Palma Core Area) of the Northeast Area Specific Plan No. SP94-1, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. -2- PC2003-96 ~ ~ 12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most 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. 13. That gates shall not be installed across any driveway in a manner which may adversely affect vehicle traffic on the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager. 14. That there shall be no outdoor storage in any required parking area. 15. 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 streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 16. That subject property shall be developed and maintained in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file in the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 17. 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. 6, 7, 12, 13, 15 and 22, herein-mentioned, shall be complied with. Extensions for furiher time to complete said conditions _may be granted in accordance with SectioR 18.03.090 of. the Anaheim Municipal Code. 18. That prior to commencement of the activity authorized by this Resolution or prior to final building and zoning inspections, whichever occurs first, Condition No. 16, 20 and 21, herein -mentioned, shall be complied with. 19. 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. 20. (a) That the barbed wire shall be removed from the chain link fencing visible to any public right-of- way (i.e., Kraemer Boulevard or Coronado Street). (b) That PVC slats shall be installed in any chain link fencing intended to screen any permitted outdoor storage. 21. That the un-permitted freestanding sign on Kraemer Boulevard shall be removed. 22. That this Conditional Use Permit is subject to adoption and finalization of Ordinance No. 5865 amending subsection 18.110.080.050 of the Anaheim Municipal Code to add a new subsubsection .533 permitting `new vehicle conversion' by conditional use permit in Development Area 3 of the Northeast Area Specific Plan. 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. -3- PC2003-96 ~ A~ THE FOREGOING RESOLUTION was adopted at the Pfanning Commission meeting of June 30, 2003. CHAIRPERSON, ANAHEIM CI PLAN NG COMMISSION ATTEST: ~ ` SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 June 30, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE VACANCY: COMMISSIONERS: ONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ G~ day of ~q ~S ~ , 2003. ~ ~C SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-96