Resolution-PC 2005-133• •
RESOLUTION NO. PC2005-133
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05016 BE GRANTED
(804NORTH ANAHEIM BOULEVARD) ,
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 W 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 Pfanning Commission did hofd a public hearing at the Civic Center in
the City of Anaheim on September 7, 2005 at 2:30 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 98.60, to
hear and consider evidence for and against said proposed conditionai use permit and #o 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 No. 18.08.030.040.0402:` to permit and retain an automotivesales 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 nor to the public health and safety because
the property is of adequate size and shape to accommodate the use; and that the proposal complies witF~ the
applicable development standards for the underlying GG (General Commercial) zoning.
4: That granting fhis conditionat use permit, under the conditions imposed, will not be detrimental
to the health and safety of the citizens of the City of Anaheim.
5. 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 ENVlRONMENTAL QUALITY ACT FlNDING The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1, (Existing Facilities) of the State of Califomia CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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 no window signage shall be permitted.
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2. That no banners or other advertising shall be displayed; and that no special event permits shall be
issued for this business.
3. That no on-site maintenance of vehicles (other than washing) shall be. permitted. -
: 4. ' That the proposal shall comply with all sign regulations of the C-G (General Commercial) Zone unless a:
variance allowing sign waivers is approved by the Planning Commission. All signage shall be subject to
review and approval by the Planning Services Division. Any decision`regarding such signs may be
appealed to the Planning Commission as a'Reports and Recommendations' item.
5. A valid business iicense shall be maintained from the City Business License Division.
6. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage.
7. 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.
8. That customer parking spaces shall be striped and clearly marked `customer parking only'; and that at
no time shall customer vehicles be stacked, double parked, or left standing in fandem in fronf of, or
adjacent to the buildings; and that the number of display vehicles shall be limited to seven (7).
9. That the property owner implement appropriate non-structural and structural Best Management,
Practices ("BMPs") in order to minimize the introduction ofipollutants 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
10. That four (4) foot high address numbers shall be maintained 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.
11. That no vehicle dismantling shall be permitted on the premises.
12. That test driving of vehicles shall be prohibited within adjacent and nearby residential neighborhoods.
13. That no amplified sound systems shall be utilized outside the building. '
14. That the hours of operation shall be limited to 9 a.m. to 7 p.m., daily, as stipulated by the applicant.
15. 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.
Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably :
illuminate the windows of nearby residences.
16. That the property owner shall submit a letter to the Planning Services Division requesting termination of
Conditional Use Permit No. 3750 (to permit an automobile sales lot with waiver of minimum refuse
storage requirements) and Conditionai Use Permit No. 2003-04780 (to permit and retain an automotive
sales lot).
17. That subject praperty 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 No.1, and as conditioned herein.
18. That prior to the 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. 4, 5, 8, 9, 10, 15, 16 and
17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions
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may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal
Code. ,
19. That approval of this application constitutes approval of the proposed ~equest 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 RESOLVED that the Anaheim City Planning Commission does herebyfind'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.
` BE IT FURTHER RESOLVED that that the applicanfi is responsible for paying alf charges
related to the processing of this discretionary case application within 7 days"of the issuance of the final
invoice or prior to commencing the activity authorized by this permit, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or the revocation of the'approval of this
application.'
THE FOREGOING RESOLUTION was atlopted at the Planning Commission meeting of
September 7, 2005. Saitl resolution is subject to the appeal provisions sef forth in Chapter 18.60,' "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining t peal procedures and may be replaced
, by a City Council Resolution in the event of an appeal.
CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATf EST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commissio.n
held on September 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN; VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this 3`~~ day of ,
~ ~k obcr , Zoos. -
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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