Resolution-PC 2005-42~
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RESOLUTlON NO. PC2005-42
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR COND1710NAL USE PERMIT NO. 2005-04963' BE GRANTED .
WHEREAS,'the Anaheim 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:
PARCELS 3 AND 7 OF PARCEL MAP NO. 83-251, AS PER MAP RECORDED IN BOOK
187, PAGES 20 THROUGH 24 OF MAPSJN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY. :
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 4, 2005, at 2:00 p.m., notice of said public hearing haying been duly given as
required by law and in accordance with the provisions'of the Anaheim Municipal Code, Chapter 18.60
"Procedures"; 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 to permit the outdoor storage of new vehicles in an existing
parking lot is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section Nos.18.03.030.040.0402 and 18.38.200.
2. That the proposed use as conditioned herein will not aversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the proposed use'is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
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 because the site contains
ample area for auto haulers to maneuver and unload vehicles entirely on the property. ~
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. 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 Planning
Commission has reviewed the proposal to permit the outdoor storage of new vehicles in an existing
parking lot; and does hereby approve the Negative Declaration upon finding that the declaration reflects
the independent judgment of the lead agency and that it has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of
the initia) study and any comments received that there is no substantial evidence that the project will have
a signi~cant effect on the environment. '
Cr1PC2005-042 _1 _ PC2005-42
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 the storage of new automobiles is approved for a period of five (5) years to expire on April 4,
2010.
2. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
3. That the existing chain link fencing shall be interwoven with PVC slats. The fencing shall be of
sufficient height to fully screen the materials stored outdoors from view of the public right-of-way.
Any proposed gates shall also be interwoven with PVC slats. Said information shall be specifically
shown on plans submitted to the Planning Services Division for review and approvaL
4. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned
property or any public right-of-way.
5. Thafi the outdoor storage of automobiles shall be in conformance with all applicable provisions of
Code Section 18,38.200, shall not exceed the height of the perimeter fencing and'shall not be visible
to any adjacent public right-of-way or any adjacent or nearby non-industrially zoned property.
6. That the outdaor storage shall be limited fo new automobile inventory only. No damaged or
salvaged automobiles shall be permitted. Said outdoor storage shall be limited to the area as shown
on the approved site plan exhibit.
7. That no advertising including advertisements placed directly on the automobiles shall take place at
this location.
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 and 470
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said approved pfans.
9. That gates shall not be installed across the driveway in a manner, which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 475 and shall be subject to the review and approval by the City 7raffic and
Transportation Manager.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
11. That any loading and unloading of vehicles shaU occur on-site only, and shall not take place in any
required parking area or within the public right-of-way.
12. That adequate lighting of sufficient wattage shall be provided to make clearly visible the presence of
any person on or about the premises during the hours of darkness and provide a safe, secure
environment for ail persons, property and vehicles onsite. That the minimum lighting level in all
parking lots shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said
information shall be specifically shown on plans submitted for Police Department, Community
Services Division approvaL
13. That a Burglar/Robbery Alarm permit application, Form APD 515, shall be obtained from the Police
Department and submitted in a complete form.
-2- PC2005=42
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14. ` That a Fire Emergency Listing Card, Form APD 281, shall be obtained from the Police Department
` and submitted in a' complete form.
15. That no activity other than automotive vehicle storage shall occur on the property. No vehicle repair,
sales, rental, washing, detailing and/or salvage shall be permitted. -
16. That no signage (other than the address) shall be permitted.
17. That this storage facility shall be limited to new automotive vehicles in conjunction with the primary
business, Nardin Nonda,located at 1381 South Auto Center Dr'ive (Conditional Use Permit No.
3235). No'other equipment or types of materials shall be stored on-site.
18. That subject property shaU be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicanf and which plans'are on file with the Planning
Department marked Exhibit Na: 1, and as conditioned herein.
19. That prior #o the commencement of the activity authorized by the resolution, or within one (1) year
from the date of thisresolution, whichever occurs first, Condition Nas. 3; 8, 9, 12; 13, 14, and 18
herein-mentioned, shaN be complied with. Extensions for further time to compfete said conditions
may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim
Municipal Gode.
20. 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 applica6le 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 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 nufl and void.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs
first. Failure ta pay all charges shaU result in delays in the issuance of required permits or the revocation
of the approval of this application. '
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 4, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures°-
of the Anaheim Municipal Code pertaining to appea roc and ~placed by a City Council
Resolution in the event of an appeaL
CHAIFZAdAN%ANAHEIM PLANNWG COMMIS~TON
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S7ATE OF CAUFORNIA }
COUN7Y OF ORANGE } ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Secretary of the Anaheim Planning Cammission, do hereby certify that
the foregoing resolution was passed and adopted a# a meeting of the Anaheim Planning Commission held
on April 4, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ
NOES: COMMISSIONERS: NONE
ABSENT: ` COMMISSIONERS: ROMERO, VELASQUEZ
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this l/ "' day of
GLvr~ l , 2005.
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SECRETARY, ANAHEIM PLANNING COMMISSION