Resolution-PC 99-21RESOLUTION NO PC99-21
A RESOLUTIUN OF THE ANAHEIM CITY PLANNING COMMISSION
'rZEINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3750,
AND AMENDING CERTAIN CGNDITIONS OF APPROVAL OF RESOLUTION NO. PC96-105
ADOPTED THEREWITH
WHEREAS, on October 14, 1996, Resolution No. PC96-105 was adopted by ths Anaheim
City Planning Commission to approve Conditional Use Permit No. 3750 and permit an automobile
dealership in the CG (Commercial, General) zone; and that said resolution includes a number of
conditions of approval including the following:
That this auto sales facility shall terminate on October 14, 1997.
That three (3) employee/customer parking spaces shall be striped and posted with signs
identifying the use of said spaces, as indicated on the previously approved Exhibit No. 1.
That on-site landscaping shall be refurbished, replanted as necessary, irrigated and
maintained in compliance with th;; previous~r approved Exhibit No. 4.
WHEREAS, this property is developed with a vacant automobils sales facility including a
3G0 sq.ft. office and sales building in the CG (Commercial, General); and
WHEREAS, the petitioner has requested rein:,tatement of this use permit, which contains
a time limitation, to retain an automobile sales facility pursuant to Code Section 18.03.093 09 the Anaheim
Municipal Code; and
WHEREAS, on January 21, 1998, staff inspected the property to determine the current
condition of the facility and for compliance with Condition Nos. 5 and 8; and that the inspection revealed
three freshly-striped parking spaces at the northeast corner of the property but that there was no
identifiable marking designating the spaces for customers only (Condition No. 5); and that the previously
unacceptable landscaping has been replaced by new fast-growing ice piant ground cover and another 15-
gallon Queen Palm tree (for a t~tal of four palm trees) has been planted at the southwest corner of the
property and the new landscaping substantially matches the landscaping required by originally-approved
Exhibit Nc. 4, however, based on the poor past performance of ice plant at this location, staff
recommends that creeping jasmine (a heartier variety of ground cover) be planted along with the ice piant.
~ WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 1, 1999 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; ar!d
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
the Zoning Code.
2. That the proposal, as amended, will not adverse(y affect the adjoining land uses and the
growth and ~Jevelopment of the area in which it is located.
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3. That the size and shape of the site for the proposal, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
4. That the traffic generated by the proposal, as amended, will not impose an undue burden
upon the streets and highways designed and improved to carry the !raffic in the area.
5. That granting this reinstatement, 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 this use permit is being exercised substantiaily in the same manner and in
conformance with all conditions and stipulations originally approved by the approval body.
7. That the use permit is being exercised in a manner not detrimental to the p~rticular area
and surrounding land uses, nor to the pubiic peace, health, safety and general welfare.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was receiv~d in opposition to the subject petition.
CALIFORNIA ENVIRONb1ENTF,L QUALITY ACT FINDI~IG: That the Anaheim City
Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain an
automobile sales facility on property consisting of 0.16 acre Iocated on the east side of Anaheim
Boulevard approximately 95 feet north of the centerline of North Street, and further described as 804
North Anaheim Boulevard; and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 3750 is adequate to serve as the required documentation in
connection with the request 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 initial study and any comments received
ttiat there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC96-105, adopted in connection with Conditional Use Permit No.
3750, to reinstate the automobile sales facility; and
AND DE IT FURTHER RESOLVED that the Planning Commission does hereby amend
the conditions of approval of Resolution No. PC96-105 in their entirety, to read as follows:
1. That this automobile sales facility shall terminate on March 1, 2000.
2. That no window signs ~hall be permitted on the existing sales office building.
3. That no "for sale" vehicles shall be placed or parked so as to obstruct the public alley to the east.
4. That three (3) employee/customer parking spaces shall be striped and reserved for such use at all
times.
5. That a plan shpet for solid waste storage and collection and a nlan for recycling shall be submifted
to the Department of Maintenarce for review and approval.
6. That a trash storage area shall be provided and maintained m a location acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shall be deslgned, Iocated and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plants such as minimum five (5) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shail
be specifically shown on the plans submitted for Streets and Sanitation Division approval.
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7. That the on-site maintenance, repair, or washing of automobiles or trucks shail not be permitted,
except for minor window washing and interior cleaning.
8. That no roof-mounted equipment shall be permitted.
9. That an intercom or public address (P.A.) system shall not be permitted.
10. That no freestanding signs shall be permitted.
11. That no vending machines shall be permitted.
12. That the existing chain link fence along the south arid east property lines shall be removed and
replaced with architecturally enhanced pilasters and/or a three (3) foot high wrought-iron fence.
Final plans shall be submitted to the Zoning Division for review and approval.
13. That six (6), four (4) foot by four (4) foot half-diamand-shaped planters containing minimum twenty
four (24) inch box trees shall be installed 3nd maintained along the south property line. Said
landscaping, inciuding irrigation plans, shall be submitted to the Zoning Division for review and
approval.
14. That there shall be no flags, banners, or balloons permitted except in co^;!mction with a grand
opening event, for which a Special Ever4s Permit shall be obtained from th;e Planning Department.
No roof-mounted balloons or inflatable devices shall be permitted.
15. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably
illuminate or cause glare onto adjacent or nearby streets andior properties.
16. That the property owner sfiall pay the cost of quarterly Code Enforcement inspections for thirteen
(13) months from the date of this resolution, or as deemed necessary by the City's Code
Enforcement Division, to gain and/or maintain compliance with State and local statutes, ordinances,
laws and regulations.
17. That within a period of two (2) months from the date of this resolution, Condition Nos. 5, 6, 12 and
13, above-mentioned, shall be completed.
18. That a maximum of twenty !20) vehicles shall permitted on the property at any one time.
19. That subject property shall be developed substantiaily 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 through 4, and as conditioned herein.
20. That approval of this application ;onstitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other aaplicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicabie ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was aoopted at the Planning Commission meeting of
February 1, 1999. ~
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CHAIRPE SON PRO-TEMPOR ,
ANAHEIM CITY PLANNINr, COMMISSION
ATTES :
; ~ l
SECRETA , ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAFiEIM )
I, Margarita Solorio, Secretary ~f the Anaheim City Planning Commission, do hereby certi;y
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission heid on February 1, 1999, by the following vote of the members thereof:
Alr'ES: COMMISSIONERS: BOS'MIICK, BOYDSTUN, ESPING, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
,~i ~~' 1999.
~~ f ILL~E,~~U ~`'~~~~~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
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