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Resolution-PC 96-105~ ~ RES~ ~pN y0 P('~-105 A RESOUITION OF THE ANAHEIM CITY PL4NNING COMMISSION AMENDING CER'TAIN : c~NDITIONS OF APPROVAL OF RESOLUTIOCONDITIONAL US~-.~PERMIT N0. 37,p~I0N WITH WHEREAS, on April 3, 1995, the Pla rt~ng~ ~~ftja jOautomob e sa~esulot w h wa``N~er of approving Condftiona~ Usa Permn No. 3750, in pa .~ Pe roval Iimiting the minimum refuse stora9e requirements; and that said reso!ution included a conditio~ af app number ct display cars to twenty~ and WHEREAS, subject proPertY ~S developed with an automobite dealershi~ in the CG (Commerclal, Gene~sl) zono• rQVal WHEREAS, the petftionor requests mod~icati~m~d~t~o~) CO~~ton of aPP pertaining to the max~mum number of displayed ca~s ~20 P~ ~~ ~~ng at the CNic Center in WHEREAS, the City Planning Commission did hdd a pu u~k h~~n9 ~~ng ~n duly of Anaheim on September 4, 1996, at 1:30 p.m.. ~t~' °f ~~ p Chapt9r the Ciry with tho provisions of the Anaheim Munlcipai Cade~ te and given as required by Iaw and in accordance inst said ProPosed gmendmeM and to irnestiga 1 g.p3, to hear and conside~ e~~de~~ for and a9a ubUc hearin9 was continued motion, make flndings and recommendations in co~nection therewfth; and that sa P to the October 14~ 1 ~9~this petft o o publ c~hearine9'to onsfder the revnocation~or rr-iodfficat on thereof, directed staff to sched e Enforcement staff and adjoining based on the testimony 9~e here had etfee~ numerou~ dat~o s at thedsubJect business; a~d properry owne~s indicating made by ftself WHEREAS, said Commission, atter due inspection, investigation and study a~ ~~ KS ~half, and after due ~ nsideration of all evidence and reports offered at said hearing, does find and determ~ne the following fa ~. That testima~y at the puWic hearin9s~ i~~~~"9 ~ff repoRs. memorandums submm~~ by Code Enforcement UNision staff pertaining to an irnesiigation of the primary business operations, and a letter dated September 2, 1995 from an adjoining property oWner, desc~ibe numerous violations at the subject prapertY including: Refuse and waste in the front IandscaPe area; _ Flags bein9 displayad wfth no Specia~ Event Permft havin9 bee~ ~ued; The sma~l office bupding has windows with more than 2096 of the wir~dow area cover~.i wfth adverttsing~ ~ exceeding 20 cars~ as o~iginally permttted by use permit~ and _ Cars for displa. _ Vehide repair occ~~ing at the facility. tp the 2. That the use peRnft~ as ~rarded, is being, or recerrtly has been~ exArclsed contrary ~~~e~ ~aw or regulatbn; terms or condftions of such app~~+~~ ~~~ `~dation of anY statute, ord 3, That th9 use pennft for which the approval was g~~t~ ~S ~~ SO exercised as to be deMmenta! to the public health or safetY~ or S° as to constftute a nuisance; P~10, -1- CR2757nM ~ ~ 4, That any modification, includino the imposition of any additional conditions thsreto, s to ermit reasonably nocessary to Protect the p~~b~ic peace, ermit or variance as grantedare, or necessary P reasonable operation under the conditional use p 5. Tnat the new owner of subject property is working toward resolving the problems on the site; and ~~ ~ osftion; and that g. Tl~at one person Indicated his presence at the public hea~in9 FP correspor~dence was receNed in upposition to the subjeGt petftion. ~ric~l G~~ IFORNIA ENVIRONMENTAL QUALITY AjCT FI aDSNW~h,ne hlendefn Dion tor's~?a ey ~iZ ro uo~ r ~ y t firom reoresentative has determined that tne p P Exemptions, Class 21 eas deain E~in Yhe State EIR Guidelines and ts, therefore, categoricatl exem the requlrement to pr pa NOW ?HEREFORE BE IT RESOLVED that the Planning Commission does hereby amend Resolution No. PC95-41, adopt.wJ in connection wfth Conclftional Use Permit No. 3750, to amend the conditions of approval, in thelr entirety, as fo!lows: 1, 7hat this auto sa~es faciliry shall terminate on October 14~ ~~7ercent (20%) of any window area as 2. Th~t H~indow tne Zon g ~~e uilding shall not exc~eed M'entY p specified by ermft shall be 3, That within a per!od of ninety (9~) days fram the dato of this resolution, sign(s) p obtained for all unpermitted wall sfgns or that all unpermitted Wali sign.; shall be removed within said time period. IacedJpa~ked ~o as'-~' ~~bs.ruct the publ~c alley to the east. 4, That no "For Sale" vehicles shall be p empluyee/customer parking spaces shall be ~oved Exh bft No.~1 Wnh signs identifying 5, That three (3) CeS, as indicated on the previously ePP the use of said spa lan sheet for soiid waste storage and c~~llectian and a plan for recycling shall be submitted g. That a p roval. to the Department of Maintenance fur review and aPP inor window ~, 7hat there shall be no on-sfte repatr, ma~ntenance, or washing of vehicles, except for m washing or interior cleaning. irri ated and maintafned in g. That on-site landscaping shall be refurbished, replanted as necessary~ 9 con~piiance Wi~h the previously approved Exhibft No. 4. g, That s~bject property shall be e~~~ S~tR one`r'and whichdplans a eh onafile wrt hec P ann~ng su bm i tt e d t o t h e C i t y o f A n a Y Department marked ExhibR Nos. 1 through 4. Qf1~ of thirty ~p. That Condition ihesdate osthisa e ojuti o n v e- m e n t i o n e d, shall be completed within a p (30) days from pCg6-105 _2_ ~ ~ 11. That approvai of this app~ication constitutes approval of the proposed request only to the extent that it complies wfth the Anaheim Municipai Zoning Code and any other applicabls City, State and Fecieral re ulest~ ega dp ~r~ary o her pplicab eeo dinancenregula~dtion oeroquiremenit nce or a~proval of the q 12. That this conditionat use permit~ontihs, andvagain in onee(1)lyear o de ermine~whetherroPnotthe recommendation ftem in six (6) conditioris of approval are being complied with• 13. That the oper«tor of the business shall pay for periodic Code Enforcement inspections, not to exceed one (1) per month. 14. 7hat the number of vehicles permitted ors site shali not excoed twenry (20), as originally approve~. THE FOREGOING RESOLUTION was adopted at tha Planning Commiss{on meeting of C~ctober 14, 1996• J J~~J !~„ CHAIRMAN, ANAHEIM ITY PLANNING COMMISSIOh ATTEST: ~~ ~~ _ Cit,u-.~ SE~RETARY, ANAHEIM CITY PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C~TY ~F ANAHEIM ) I, Edith L Harris, Se~retary of the Anaholm C'rry Plannfng Commission, do hereby certrfy that the foregoing resolution was passed and adopted at a meeting of ths Anaheim City Planning Commissfon held on October 14, 1996, by the following vote of the members thereof: AYE6: C~MMISSIONERS: NONE ICK, BOYDSTUN, BRISTOL, HENNfNGER, MAYER, MESSE, PERAZA NOES: CO ABSENT: COMMISSIONERS: NONE day oS k ~~ , IN WITNESS WHEREOF,1 have hereunto set my hand this ~_ 1996. ~ ~ ~ ~ .l~il~t~c~~ SECRETARY, ANAHEIM CITY PtANNINU COMMISSION PC96-105 -3-