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2000-252RESOLUTION NO. 2000R-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 4035 FOR A PERIOD OF ONE YEAR TO EXPIRE DECEMBER 5, 2001, AND AMENDING CONDITIONS OF APPROVAL RELATING THERETO. (CUP TRACKING NO. 2000-04264) WHEREAS, on August 18, 1998, the City Council adopted Resolution No. 98R-172 to approve Conditional Use Permit No. 4035 to permit an automobile sales lot with a maximum of five vehicles on display on property located at 329-331 North State College Boulevard until August 18, 1999; and that the conditional use permit was subsequently reinstated until August 18, 2000; and WHEREAS, this property is developed with a three-unit, 3,570 square foot commercial center, including Kris Kars, in the CL (Commercial Limited) zone; and that the property is designated for General Commercial land uses by the Anaheim General Plan Land Use Element; and WHEREAS, the petitioner requests reinstatement of this use permit, which expired on August 18, 2000, to retain the existing automobile sales lot with a maximum of five display vehicles for an additional three yeas; and WHEREAS, on October 9, 2000, the Planning Commission did hold a duly noticed public hearing and, following said public hearing, did adopt its Resolution No. PC2000-116 denying reinstatement of Conditional use Permit No. 4035 for the reasons set forth therein; and WHEREAS, within the time permitted by law, an interested party, or the City Council by its own action, did appeal the decision of the Planning Commission to the City Council; and WHEREAS, the City Council did hold a public hearing on said appeal at the City Hall in the City of Anaheim on December 5, 2000, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said City Council after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine as follows: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code; and 2. The proposed use, if operated in full compliance with the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and 3. That the size and shape of the site is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and 4. 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; and 5. The granting of this approval, under the conditions imposed herein, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. The permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations heretofore approved by the City; and 7. The permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses; nor to the public peace, health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 4035 as approved by Resolution No. 98R-172 and further amended by Resolution PC99-168, be, and the same is hereby, reinstated and extended for a period of one (1) year to expire on December 5, 2001, and the conditions of Conditional Use Permit No. 4035, as set forth in Resolution No. 98R-172 and amended by Resolution PC99-168, be, and the same are hereby, amended and restated in their entirety, to read as follows: 1. That this property shall be maintained in conformance with plans previously submitted to the City Traffic and Transportation Manager showing conformance with the current version of Engineering Standard Plan Nos. 436, 601, and 602 pertaining to parking standards and driveway locations. No overhang of parked vehicles into landscape areas shall be permitted. 2 2. That the on-site landscaping shall be in conformance with the plans on file which were approved by the Planning Commission as a Reports and Recommendations item. Landscaping shall include a minimum of seven (7) minimum 15-gallon trees planted adjacent to State College Boulevard. 3. That no on-site maintenance of automobiles or trucks, including cleaning and detailing, or storage of vehicle lubricants or vehicle parts, shall be permitted. 4. That a valid business license shall be maintained with the City of Anaheim, Business License Division of the Finance Department. 5. That minimum 1-gallon size fast-growing clinging vines shall be maintained on maximum three-foot centers adjacent to the southern and western property line masonry walls. 6. That a maximum of one (1) vehicle shall be displayed inside of the showroom. 7. That the outdoor display of vehicles shall be limited to five (5) vehicles. Said vehicles shall be displayed in the parking area along the southern property line, only in the area specifically identified for said display on Exhibit No. 1. No price signs or other advertising shall be placed on or around these five (5) vehicles, with the exception of information required by the State Division of Motor Vehicles. 8. That there shall be no vehicles displayed in any landscaped areas. 9. That flags, banners, pennants, balloons, and other outdoor displays shall not be permitted in conjunction with the business authorized by this conditional use permit. 10. That windows signs shall not be permitted. 11. That the business hours shall be limited to 10 a.m. to 7 p.m. daily. 12. That subject use permit shall expire on December 5, 2001. 13. That the existing wall sign shall not be altered unless specifically approved by the Planning Commission as a "Reports and Recommendations" item. 3 14. That no outdoor speakers or amplified sound system shall be permitted in conjunction with the operation of this business. 15. That subject property shall be maintained 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. 16. That the subject business shall be subject to monthly inspections by the City's Code Enforcement Division during the entire duration of the business. That the costs of such inspections (not to exceed the cost of one inspection per month) shall be borne by the business owner and paid to the Code Enforcement Division in an amount established by the Code Enforcement Division of the Planning Department. The purpose of the inspection shall be to determine compliance with conditions of approval. Payment of said fee shall be made within ten (10) days following receipt of an invoice. 17. 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. THE City Council of December, 2000. FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 5th day of ATTEST: CI~Y-CLER~ OF THE CITY OF ANAHEIM 38216.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-252 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of December, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, M¢Cracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~ CLERI~'OF THE CITY OF ANAHEIM (SEAL)