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HomeMy WebLinkAbout09-20-2004 Item VIII-A-1CITY OF - WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Ordinance No. 5869 Date: Application No. CUP04-0005 September 14, 2004 Department: Planning Attachments: Ordinance No. 5869, Budget Impact: H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5869. Background Summary: The Hearing Examiner on August 17, 2004, conducted a public hearing on the request of HRP Properties Inc./Ricker Beradi, LaMesa RV Center for a conditional use permit to allow recreational vehicle sales to locate in a portion of an existing building in the M-1, Light Industrial zone. (ACC 18.32.040(A). The property is located at 1302 29th Street NE (King County parcel number 012104-9038). Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional use permit. The Hearing Examiner inadvertently wrote his action as a decision when it should have been a recommendation to City Council. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. H E\CU PO4-5 L0920-1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv, ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Singer Staff: Krauss Meeting Date: September 20, 2004 Item Number: VIII.A.1 UBUR'`1 * MORE THAN YOU IMAGINED ORDINANCE NO. 5 8 6 9 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW RECREATIONAL VEHICLE SALES TO LOCATE IN A PORTION OF AN EXISTING BUILDING WHEREAS, Application No. CUP04-0005 dated July 1, 2004 , was submitted to the City of Auburn, Washington, by Ricker Beradi/HPR Properties, Inc., for a Conditional Use Permit to allow recreational vehicle sales to locate in a portion of an existing building at 1302 -29th Street NE, Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on August 17, 2004, the Hearing Examiner recommended approval of the application on August 30, 2004, subject to certain conditions; and WHEREAS, on September 20, 2004, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a Conditional Use Permit to allow recreational vehicle sales to locate in a portion of an existing building at 1302 -29th Street NE, Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT 1. Ricker Baradi has applied for a conditional use permit that would allow recreational vehicle sales to locate in a portion of an existing building at 1302- ---------------------- Ordinance 5869 September 14, 2004 Page 1 29th Street NE, Auburn, Washington. This property is within a "Light" Industrial" (M-1) zone, which allows recreational vehicle sales with the approval of a CUP. There is an existing 191,232 square -foot structure on-site that includes a warehousing and vacant spaces. The Applicant would use a vacant unused 79,200 square -foot portion of the existing structure, as well as a modular unit, to conduct recreational vehicle sales and display. The Applicant would ensure accordance with the International Building Code (2003) and would not make external improvements to the existing structure. 2. Pursuant to Auburn City Code (ACC) 18.52.020.8.1, one parking stall is required per 5,000 square feet of sales area, 1,000 square feet of showroom and 250 square feet of office space. The Applicant would provide 1.5 parking stalls per employee. Because of the large size of recreational vehicles and the corresponding need for large sales areas and showrooms, the City based parking stall requirements on the number of employees and determined the 60 stalls located at the adjacent site to be adequate. The Applicant agreed with the assessment. 3. Recreational vehicles are similar in size and operation to other vehicles in the area and existing structure. Existing roads and turning radius arcs would adequately accommodate recreational vehicles. 4. As part of compliance with City regulations, the Applicant must obtain and maintain a business license in order to conduct business activities. Ordinance 5869 September 14, 2004 Page 2 5. Surrounding properties are zoned M-1. Land uses to the north, south and west are light industrial uses, and the State Route 167 right-of-way is to the east of the subject property. 6. The proposal was submitted to City of Auburn departments for review. No comments were submitted. 7. The Applicant applied for a temporary (18 month) Administrative Use Permit (AUP) in order to conduct recreational vehicle service, repairs and delivery at the same location. Repairs would consist of service to the cabin and living areas of recreational vehicles and preparation of recreational vehicles for sale or delivery. Any engine repairs and mechanical work on recreational vehicles would occur at another site. The City of Auburn Planning Director issued the AUP on July 28, 2004 (case number ADM04-0005). On July 28, 2004, the Planning Director mailed a letter to adjacent property owners alerting them of the AUP. 8. A Notice of Application and a Notice of Public Hearing were circulated. No comments were received from the public. CONCLUSIONS OF LAW The conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. 1. The proposed use is permitted within the zone. Recreational vehicle sales are permitted in the M-1 zone with the approval of a CUP ---------------------- Ordinance 5869 September 14, 2004 Page 3 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration. The proposed use is permitted in the M-1 zone with approval of a CUP. The sale and display of recreational vehicles is similar to other uses in the area and will not adversely affect the health, safety or comfort of persons living or working in the area., Adequate roadways, turning radius arcs and parking stalls exist. The use will be required to comply with all applicable City of Auburn ordinances. 3. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of "Light Industrial" is intended to accommodate a wide range of industrial or large-scale commercial uses. The proposed recreational vehicles sales and display use accords with the policy and objectives of the Comprehensive Plan's "Light Industrial" area. 4. The proposal complies with all requirements of this title. This title, the Zoning Ordinance, allows recreational vehicle sales when a CUP is issued. The Applicant proposes to use an existing building that is in compliance, or capable of ---------------------- Ordinance 5869 September 14, 2004 Page 4 being in compliance, with the applicable provisions of the Zoning Ordinance, including the provision related to on-site parking. 5. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The Applicant proposes to conduct recreational vehicle sales, a use consistent with other uses in the area, in an existing building. No external improvements to the existing building are proposed. There will be no impact on the design, character or appearance of the area. 6. The proposal will not adversely affect the public infrastructure. The public infrastructure would not be affected by the proposal, as evidenced by the review by various City of Auburn departments and the absence of comments. The existing roads and turning radius arcs are adequate to accommodate recreational vehicles. 7. The proposal will not cause or create a public nuisance. The proposed use is similar to other uses in the area. No City department or private individual submitted comments in opposition to the proposal. The existing structure and roadways are adequate to accommodate the proposed use. There is no indication that the use will cause or create a public nuisance. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the conditional use permit to the Auburn City Council, subject to the conditions set forth below: ---------------------- Ordinance 5869 September 14, 2004 Page 5 The Applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil -water separator and to the sanitary sewer systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit is hereby approved to allow for recreational vehicle sales to locate in a portion of an existing building at property located at 1302 29th Street NE, subject to the following condition: The Applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil -water separator and to the sanitary sewer systems. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King,County Auditor. Ordinance 5869 September 14, 2004 Page 6 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carryout the directions of this legislation. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Danielle E. Daskam City Clerk APPPROV S TO Daniel B. eid City Attorney PUBLISHED: Ordinance 5869 September 14, 2004 Page 7 PETER B. LEWIS MAYOR RECEW) AUG 31 2004 PLANNING DEPARTMENT BEFORE THE HEARING EXAMINER - FOR THE CITY OF AUBURN In the Matter of the Application of ) NO. CUP04-0005 HRP Properties, Inc./Ricker Beradi ) FINDINGS, CONCLUSIONS AND DECISION For Approval of a Conditional Use Permit. ) SUMMARY OF DECISION The request for approval of a Conditional Use Permit (CUP) to allow recreational vehicle sales to locate in a portion of an existing building is GRANTED, subject to conditions. SUMMARY OF RECORD R uest HRP Properties, Inc./Ricker Beradi (Applicant) requests approval of a CUP to allow recreational vehicle sales to locate in a portion of an existing building at 1302-29`h Street NE, Auburn, Washington. 1 Hearing Date The Hearing Examiner for the City of Auburn held an open record public hearing on August 17, 2004. Test At the open record public hearing, the following individuals entered testimony under oath: I . , David Osaki, Principal Planner for the City of Auburn 2. Rick Beradi, Applicant 1 The parcel's legal description is, in part, "Lot I, City of Auburn short plat number SP -31-79 (revision), being a revision of City of Auburn short plat number SP -31-79 ... Also, Lot 4, City of Auburn short plat number SP -32- 79 ... (All being known as Lot I of City of Auburn lot line adjustment number LLA -0006-91, recorded under recording number 9105220533)." The parcel's tax identification number is 0 12104-9038. HRPProperties-, Inc./Ricker Beradi, CUP04-0005 Before the Hearing Evaminer of the Citi? of Auburn Page I of 6 Exhibits The following exhibits were admitted to the record at the open record public hearing: Exhibit 1: Staff Report dated August 5, 2004 Exhibit 2: Vicinity Map Exhibit 3: CUP Application received July 1, 2004 Exhibit 4: Site Plan Exhibit 5: Notice of Application dated July 30, 2004 Exhibit 6: Notice of Public Hearing Exhibit'7: Application for AUP received June 21, 2004 Exhibit 8: AUP issued by Planning Director dated July 28, 2004 Exhibit 9: Letter and Decision from Planning Director dated July 28, 2004 Exhibit 10: Site Map Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requests approval of a CUP to allow recreational vehicle sales to locate in a portion of an existing building at 1302-29`h Street NE, Auburn, Washington. Exhibit 1, Staff Report, page 1. 2. The subject property is within a "Light Industrial" (M-1) zone, which allows recreational vehicle sales with the approval of a CUP. There is an existing 191,232 square -foot structure on-site that includes warehousing and vacant spaces. The Applicant would use a vacant, unused 79,200 square -foot portion of the existing structure, as well as a modular unit, to conduct recreational vehicle sales and display. The Applicant would ensure accordance with the International Building Code (2003) and would not make external improvements to the existing structure.2 Exhibit 1, Staff Report, pages 1-3; Testimony of Mr. Beradi. 3. Pursuant to Auburn City Code (ACC) 18.52.020.B.1, one parking stall is required per 5,000 square feet of sales area, 1,000 square feet of showroom and 250 square feet of office space. The Applicant would provide 1.5 parking stalls per employee. Because of the large size of recreational vehicles and the corresponding need for large sales areas and showrooms, the City based parking stall requirements on the number of employees and determined the 60 stalls located at the adjacent site to be adequate. The Applicant agreed with the assessment. Exhibit 1, Staff Report, pages 2 and 3; Exhibit 9, Letter and Decision fi-om Planning Director; Testimony of Mr. Beradi. 2 Proposed services include washing recreational vehicles, which may require storm system improvements before washing services begin. HRP Properties, Inc./Ricker Beradi. CUP04-0005 Before the Hearing Examiner of the Citi, gfAuburn Page 2 of 6 4. Recreational vehicles are similar in size and operation to other vehicles in the area and existing structure. Existing roads and turning radius arcs would adequately accommodate recreational vehicles. Exhibit 3, CUP Application; Testimony of Mr. Beradi. 5. As part of compliance with City regulations, the Applicant must obtain and maintain a business license in order to conduct business activities. Exhibit 1. Staff Repor t, page 2. 6. Surrounding properties are zoned M-1. Land uses to the north, south and west are light industrial uses, and the State Route 167 right-of-way is to the east of the subject property. Exhibit 1, Staff Report, page 1. 7. The proposal was submitted to City of Auburn departments for review. No comments were submitted. Exhibit 1, Staff Report, page 1. 8. The Applicant applied for a temporary (18 month) Administrative Use Permit (AUP) in order to conduct recreational vehicle service, repairs and delivery at the same location. Repairs would consist of service to the cabin and living areas of recreational vehicles and preparation of recreational vehicles for sale or delivery. Any engine repairs and mechanical work on recreational vehicles would occur at another site. The City of Auburn Planning Director issued the AUP on July 28, 2004 (case number ADM04-0005).3 On July 28, 2004, the Planning Director mailed a letter to adjacent property owners alerting them of the AUP. Exhibit 1, Staff Report, page 2; Exhibit 7, Application for-AUP; Exhibit 8, AUP issued by Planning Director-. 9. A Notice of Application and a Notice of Public Hearing were circulated. No comments were received from the public. Exhibit 1, Staff Report, page 1: E.rhibit 5. Notice of Application; Exhibit 6, Notice of Public Hearing. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to hear and decide applications for a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Criteria for Review Pursuant to ACC 18.64.040, to approve a conditional use permit, the Hearing Examiner must find that the proposed use is permitted within the zone, and that: 3 The record does not indicate that the AUP was issued with a temporary status, but that the Planning Director issued the AUP without any specific time limitation. HRP Properties, Inc./Ricker Berctdi, CUP04-0005 Before the Hearing Evaminer of the Citi, of Auburn Page 3 of 6 The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration; 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan; 3. The proposal complies with all requirements of this title; 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity; 5. The proposal will not adversely affect the public infrastructure; and 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 1. The proposed use is permitted within the zone. Recreational vehicle sales are permitted in the M-1 zone with the approval of a CUP. Findings of Fact No. 2. 2. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration. The proposed use is permitted in the M-1 zone with approval of a CUP. The sale and display of recreational vehicles is similar to other uses in the area and will not adversely affect the health, safety or comfort of persons living or working in the area. Adequate roadways, turning radius arcs and parking stalls exist. The use will be required to comply with all applicable City of Auburn ordinances. Findings of Fact Nos. 2, 3, 4, and 6. HRP Properties, Inc./Ricker Beradi, CUP04-0005 Before the Hearing Examiner- of the Citi of Auburn Page 4 of 6 3. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of "Light Industrial" is intended to accommodate a wide range of industrial or large-scale commercial uses. The proposed recreational vehicles sales and display use accords with the policy and objectives of the Comprehensive Plan's "Light Industrial" area. Findings of Fact Nos. 2, 4, and 6. 4. The proposal complies with all requirements of this title. This title, the Zoning Ordinance, allows recreational vehicle sales when a CUP is issued. The Applicant proposes to use an existing building that is in compliance, or capable of being in compliance, with the applicable provisions of the Zoning Ordinance, including the provision related to on-site parking. Findings of Fact Nos. 2, 3, and 4. 5. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The Applicant proposes to conduct recreational vehicle sales, a.use consistent with other uses in the area, in an existing building. No external improvements to the existing building are proposed. There will be no impact on the design, character or appearance of the area. Findings of Fact Nos. 2, 4, 6, and 7. 6. The proposal will not adversely affect the public infrastructure. The public infrastructure would not be affected by the proposal, as evidenced by the review by various City of Auburn departments and the absence of comments. The existing roads and turning radius arcs are adequate to accommodate recreational vehicles. Findings of Fact Nos. 4, 6, and 7. 7. The proposal will not cause or create a public nuisance. The proposed use is similar to other uses in the area. No City department or private individual submitted comments in opposition to the proposal. The existing structure and roadways are adequate to accommodate the proposed use. There is no indication that the use will cause or create a public nuisance. Findings of Fact Nos. 2, 3, 4. 6, and 7. DECISION Based upon the preceding Findings and Conclusions, the request for approval of a Conditional Use Permit (CUP) to allow recreational vehicle sales to locate in a portion of an existing building is GRANTED, subject to the following condition: I. The Applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil -water separator and to the sanitary sewer systems. HRP Properties, Inc./Ricker Beradi, CUP04-0005 Before the Hearing Examiner of the Ott, ofAuburn Page 5 of 6 rt Decided this day of August 2004. r James Driscoll City of Auburn Hearing Examiner HRP Properties, Inc./Ricker Beradi, CUP04-000.5 Before the Hearing Examiner of'the Citr of Auburn Page 6 of 6 CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Public Hearing Application No. CUP04-0005 08/05/04 Department: Planning Attachments: Exhibits as defined. Budget Impact: Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: OWNER/APPLICANT: HRP Properties Inc./Ricker Beradi, LaMesa RV Center REQUEST: The request for a conditional use permit to allow recreational vehicle sales to locate in a portion of an existing building in the M-1, Light Industrial zone. (ACC 18.32.040(A) LOCATION: 1302 29" Street NE (King County parcel number 012104-9038). EXISTING ZONING: M-1, Light Industrial EXISTING LAND USE: Warehousing and vacant space. COMPREHENSIVE PLAN DESIGNATION: "Light Industrial' SEPA STATUS: The request is SEPA exempt. The Zoning and land use data in the vicinity is as follows: Existinq Zoning Existing Land Use Comprehensive Plan North M-1, Light Industrial Light Industrial uses Designation Light Industrial South M-1, Light Industrial Light Industrial uses Light Industrial East M-1, Light Industrial State Route 167 right-of-way Light Industrial West M-1, Light Industrial Light Industrial uses Right Industrial Reviewed y Council & Committees: eviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Z Fire Planning Park Board Public Works Legal Police Planning Comm. Other 0 Public Works Human Resources Action: Committee Approval: Res BNo Council Approval: Yes No Call for Public Hearing Referred to Until Tabled Untii— T 7— Councilmember: Singer Staff: Krauss Meeting Date: August 17, 2004 Item Number: EXHIBIT 1 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: CUP04-0005 List of Exhibits Date: 8/9/2004 Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Notice of Application Exhibit 6 Notice of Public Hearing Exhibit 7 Application for Administrative Use Permit related to this applicant Exhibit 8 Administrative Use Permit ADM04-0005, issued by Planning Director FINDINGS OF FACT 1. The applicant has requested a Conditional Use Permit to allow recreational vehicle sales at 1302 291h Street NW in the M-1, Light Industrial zone. 2. The proposed action is SEPA exempt. 3. The application indicates the subject building is 191,232 square feet, of which the applicant will utilize approximately 79,200 square feet and add a modular structure 4. The City has issued an Administrative Use Permit (ADM04-0005) to the same user to all recreational vehicle repair facilities at this same location. The recreational vehicle repair facility consists of the repair and service to the cabin and living areas of the recreational vehicles and the preparation of recreational vehicles for sale or delivery. Repairs to the engine or similar mechanical work on the vehicles will occur at other locations. 5. The applicant shall provide 1Y2 stalls per employee to support on-site parking requirements for recreational vehicle repair facilities. Auburn City Code 18.52.020. B.1 requires that 1 stall is provided for each 5,000 square foot of sales area, 1,000 square foot of showroom and 250 square foot of office. The site area adjacent to the leased space provides 60 parking stalls, which is deemed adequate. 6. The services expected on-site may include washing of vehicles. Additional improvements to the site's storm system may be required prior to the commencement of on-site washing activities. 7. The applicant shall ensure that the space they seek to occupy and/or provide is improved in accordance with the International Building Code (2003) for their occupancy. 8. In accordance with City regulations, the applicant must obtain and maintain a business registration for all business activities located on-site. CONCLUSION Staff has concluded that the conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040. 1. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. Page 2 of 3 Agenda Subject: CUP04-0005 Date: 8/9/2004 It is not anticipated that the proposed use will cause any adverse effects to any of the adjoining uses. The portion of the building used for the proposal is a vacant and unused office for the current property owner. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of `Light Industrial' is intended to accommodate a wide range of industrial or large scale commercial uses. The Comprehensive Land Use Plan Policy 109(a) and (c) addresses the grouping of mutually beneficial uses and specifically speaks to allow commercial uses within an industrial zone. 3. The proposal complies with all requirements of the Zoning Ordinance. The Zoning Code allows recreational vehicle sales when a conditional use permit is issued. The applicant proposes to use an existing building and the site is in compliance or capable of complying with the applicable provisions of the Zoning Ordinance, including the provisions related to on-site parking. 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. Because the applicant is relying on an existing structure and no external improvements are proposed, no impact with the character of the area is expected to result. The physical use of the space by the applicant is not inconsistent with other users in the general area that may rely on outdoor areas to support components of their operation. 5. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. 6. The proposal will not cause or create a public nuisance. There is no indication that this proposal will cause or create a public nuisance. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the conditional use permit request subject to the following condition: 1. The applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil -water separator and then to the sanitary sewer systems. HEWPP\STRC04-5 Page 3 of 3 APPLICATION NO.: CUP04-0005 APPLICANT: HRP Properties Inc. REQUEST: conditional use permit to allow RV sales LOCATION: 1302 29th Street NW EXHIBIT 2 Conditional Use Permit for Hearing E niner - Page 5 CONDITIONAL USE PERMIT APPLICATION Hk P P Atc hOr -- Ca Po 6 0 0S PROPERTY OWNER'S N APPLICATION NUMBER Sec. Twp. Rug.: Area Code: ' L Scheduled Public Hearing: Staff Project Coordinator: Zone Existing: Request: 4-o &V w EV A (-A/ Date Received: 1-1-0 " Do Not Write Above This Line APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (our) names(s) hereby petition for a Conditional Use Permit for the following use: TiF< l (Please attach a 1/2 (typed) page explaining your proposed use.) A. How is the property involved in this application more suitable for the Conditional Use Permit than those uses permitted outright in the present zoning classification? EXHIBIT 3 APPBACONDITIONAL USE PERMIT Rev. 1/28/04 ,Conditional Use Permit for Hearing Ea.._.niner - Page 6 B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? 1_14 4g Flop pP�.Q.�ri T o7/mz- e %4,1-y 4*29 o77Ve A)�66A Z!)Y Res IfA6� �6- RA� C. Why is this Conditional Use Permit compatible with the existing zoning in the area? !/I5,(-, /)©T /'tel y USES /��D.�%%sem_. Avgll I# - D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? r Y� use fg�.tJ�9 y �,�s�sr,�ir74 APPBACONDITIONAL USE PERMIT Rev. 1128/04 n(lAI t 3�. (535 -- Conditional Use Permit for Hearing E,_ _niner - Page 7 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS PARCEL NAME, ADDRESS AND PHONE NUMBER SIGNATURE NUMBER (Please Print) ofd d �, A0 lAbPrAW45 A P • 06,< 700 Is. w4 gsoI6 DESIGNATED CONTACT PERSON: Name: -Q1#4AP B EkAg D/ Address: -2 9, AD Ar- Y A e,e ��-, City/Phone: cW 3/,C—1 -y a. 9,2111 PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION. APPU^CONDITIONAL USE PERMIT Rev. 1/28/04 Conditional Use Permit for Hearing Examiner - Page 8 LEGAL DESCRIPTION OF PROPERTY A -,w OP70- FEE PAYMENT: $773.00 for residential; $1,030.00 for commercial plus $721.00 for an Environmental Checklist T.R. # Cashier's Initials Date Received APPU^CONDITIONAL USE PERMIT Rev. 1/28/04 JL" -n.3 -e -M4 lb:47 HILL-RAAUM-PIETROMONACO Administrative Use Permit . Page 6 2062321585 P.02 PLEAS19 NOTE THAT THE SITE PLAN MUST ACCOMPAXY THIS A.PPLXCATION ....................................................... I ............ ..........I......I........r.r.........I r.......... ................................................... LF—GAL DESCRIPTION OF PROPERTY LOT 1, CITY OF AUBURN SHORT PLAT NUMBER SP -31-79 (REVISION), RECORDED UNDER RECORDING NUMBER' 8302030070, BEING A REVISION OF CITY OF AUBURN SHORT PLAT NUMBER SP -31-79 RECORDED UNDER RECORDING NM=R 7912260411,• BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON: EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RE'.CORDING NUMBER 6212290515; ALSO, LOT 4, CITY OF AUBURN SHORT PLAT NUMBER SP -32-79 (REVISION), RECORDED UNDER. RECORDING NUMBER 8005060385, BEING A REVISION OF SHORT PLATS RECORDED UNDER RECORDING NUMBERS 6003130699 AND 7912266412 IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE SOUTH 20 FEET OF 29TH STREET NORTHWEST AND TOGETHER WITH THAT PORTION OF RIGHT OF WAY DEDICATED TO THE CITY OF AUBURN -UNDER _ KING COUNTY RECORDING -NUMBER 7402270280 LYING SOUTHERLY .OF THE -SOUTH MARGIN OF 29TH STREET NORTHWEST, VACATED BY THE CITY OF AUBURN rOR THE BENEFIT OF SAID LOT 4 PUkSUANT• TO ORDINANCE NUMBER 37'67, - RECoADED vNDER' ci�iDING''i7U?SBER 6304060738; 'EXCEPT* TRE , wEST ' 45 • F'EE • OF -'THE NORTH •4 a'• 'EET of SAIA • LOT .4 "AS':COiiVEYED 'TO T&"*' 'TTY' OF AUBUIIRN EY bEED RECORDED UNDER 'RECORDING "PFVK9Sii''SZll'050446. AL . 'BEIN 'KNOWtJ AS LOT 1. OF CITY' OF AUBURN] I,dT'' LZNB 'Ab;) I TMENT NUMB ER LLPC'600641, "RECOIRDED UNDER •RECORDING:•NUHBER 9105220533-: p r.X PAYMENT: $412.00 T.R. # AADM•API'i. Rev. 07M CASHIER'S INITIALS: DATE RECEIVED: p f CITY OF " RN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburnma.us * 253-931-3000 NOTICE OF APPLICATION This notice is to inform you that the City of Auburn has received the following application that may be of interest to you. The application may be reviewed at the City of Auburn Department of Planning and Community Development, 25 West Main Street, Auburn, WA. Nature of Project or Request: The request for a Conditional Use Permit to allow sales of recreational vehicles in the M-1, Light Industrial zone. Location: Date of Notice of Application: Permit Application Date: Date of Notice of Completeness: File No: Applicant: 1302 29th Street NW. July 30, 2004 July 1, 2004 July 26, 2004 CUP04-0004 Richard Berardi, La Mesa RV Representing the owners; "HRP Properties 6" Preliminary Determination of Applicable Development Regulations: Zoning Code, Design and Construction Standards Manual, Comprehensive Land Use Plan, Uniform Building and Fire Codes. Other Permits Required: No other permits are required for the approval of the conditional use permit, however the project will be required to obtain all necessary permits for construction. Public Comment Period: You are invited to comment, request a copy of the decision, when available, and be made aware of any appeal rights. Comments must be received in writing by the Auburn Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m. on August 16, 2004. Public Hearings: A public hearing is required for the project and has been tentatively scheduled for Tuesday, August 17, 2004 at 7p.m. in the City Council Chambers at 25 West Main Street. A separate notice for the public hearing will be provided. A copy of the staff decision will be available Friday, August 6, 2004. If you have further comments or questions related to this application, you may contact Sean Martin of the Planning Department at (253) 931-3090. If you call or write, please reference the CUP File No., CUP04-0005. EXHIBIT 5 AUBURN *MORE THAN YOU IMAGINED CITY OF eg A WASHINGTON EXHIBIT 6 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on August 17, 2004, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. CUP04-0005 The request of HRP Properties, Inc., for LaMesa RV for a conditional use permit to allow RV sales on property located at 1302 29`h Street NW. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call.the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. n IM X H 26TH Administrative Use Permit - Page 3 ADMINISTRATIVE USE PERMIT APPLICATION APPLICANT'S N.,1104' APPLICAMN NUMBER Sec. Twp. Rng.: Date Received:_, t —D C/ Area Code: Date Granted: Staff Project Coordinator: •••.•••••••••.•.••.....».......... ..... _.... . .......... Do Not Write Above This Line............ APPLICANT: COMPLETE TM FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN U0C IF ADDED SPACE IS NEEDED, ADD THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (our) na>des(s) hereby petition for an Administrative Use Permit for the following use: (describe use below in detail) A. How is the property involved in this application more suitable for the Administrative Use Permit than those uses permitted in the present zoning classification? I A4.- vr -ice€ SP -04J'"- W-Ru1 P4L T'HJ-: IAA&e SPAC<,.. R0,64iu"b &x- I� Urif..t Nb �Y fiftw-7 /[) A - t zow e- S ^ADM -APDL Rev. 1n7/04 EXHIBIT 7 P•� Administrative Use Permit - Page 4 B. Why is the Administrative Use Permit compatible with the other existing uses in the area? AARA4--- l2 O&Or&Ofe- Mro&FS 4AL Sjml4ho- /N .5/2E - t S50 6Af-7,CZ) klriY4 YWIS )W fury . ;?O/fbS P, C. Why is the Administrative Use Permit compatible with the existing zoning in the area? PSg_ ',ZW,t i9y' liV tgy, - / •�YY /,v?J�Sr.Qi�¢G, i4 - 494 AT/it-- D. Why is the Administrative Use Permit consistent with the Comprehensive Plan for the area? 4F-- A/— icy �rtlSi T"" ^ADta-nM F". 1/27/04 JLN-03-2064 16:47 HILL-RFRJPF-PIETROM `-70 Aftin ilamim USC Pcralie - Page 5 r- 2062321585 r q3 ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH 19 ALSO SHOWN ON TIM LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APKJCANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS A•XTACMAENTS PARCEL NAME, ADDRESS do PI?ONE NUMBER OF PROPERTY OWNER NUMBER (Pkasc Print) SIGNATURE 1�i2p 9Dit ir(r s �G , _... , r WTI 7 DESIGNATED CONTACT PERSON: Name: .Miq UA*) ocigAb Aaire": c-�►lphMr- i�r�ir�c1 "ADM MPL A v 14WO4 1 w _ li/ ., P/7 a6e.4 !w4cc:b bA-is-USI' !Ala/ /an VC7. !vmluj1lanv - uuT aoi2joddea :As iu*s _ JLH-03-2004 16:47 H 1 LL -RA" -P I ETROwIv 2062321585 `92 Adminidrativc Use Permit -Page 6 MSE NOTE THAT THE SITE PLAN• MUST ACCOMPANY TATS AFPLXCA- TION ......... .. LEGAL DESCRIPTION OF PROPERTY .............. LOT 1, CITY OF AUBURN SHORT PLAT WEDMER SP -31-79 (R$Vi5I0A), RzoompTA MWER REOORDING )iMM='8302030070, BEING A REVISION OF CIV OP AUBURN SHORT PLAT NUMBER SP -31-79 RECORDED VNDER RECORDING N(!NUR 7912360431,•BFTNG A PORTION OF THE HOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAHBTTE HERIDM, IN ]GING COUNTY, WASHIUMN; EXCEPT THAT PORTION THEREOF CDNVEYSD TO THE CI'1T OF AVSU" BY DEED RECORDED UNDER RECORDING NUMBER 0212290SISI ALSO, LOT 4, CITY OF AUBURN SHORT PLAT NUMBER SP -32-79 (RNV slow), RECORDED Um= RECORDING NUMsXR 8005060385, BEING A REVISION OF SHORT PLATS RECORDED UNDER RECORDING NUHB,ERS 8003130699 AND 7912260412 IN XINO COUNTY, WAMNGTOW1 TOGETHER WITH THAT PORTION OF THE SOUTH 20 FEET OF 29TH STREET NORTMST AND TOGETEER VrTH T1MT PORTION OF RIGHT OF WAY DEDICATED TO THE CITY OF AUBURN•UNIM KING COUNTY RECORDING'NOHHI:R 7402270280 LYING SOVTHSRLY OF T= 'SOUTH XARGIN OF 29TH STREET NORTHWEST'VACATEDNS B7 THE CITY OF AUBM0 POR THE SEFIT OF SAID LOT '4 PURSUANTTO OFjjINANCE NUMBER 31'67,- REtAI1DED UNDER 9Z:QCRDING'••1 u*skA• 8304060738; EXCEPT' TAS =NEST • 45 - TEET • OF THE NORTH �4.0'� hm? 03' SAID • IAT •`4 ­ XS'-CON�YED 'TO THt.•.. ' CiTT-'OF AUBURN SY bEED RECORDHD UNDZR'R$CdRD1-dd-ii )ojiIi'.42i:Lbs6446. • '7Ati -ftlai vRIidwK AS LCT 1. OF CITY" OF K-UBdAw LbT'' .iNY AD'Jt?ST? '1' NUMBER b006=91, 'REGARDED tirmER -RE0OADING�'NVHBE0( 97.05220533': ) Fk:'L PAYNTAM: $412.00 T.R. # RN. vn/" CASHIER'S INITXALB: DATE RECEIVED: 1 -fl ffl-lf-fi -Where the restemer:s King• June 7, 2004 Mr. Paul Krauss, AICP Planning and Community Development Director 25 West Main Street Auburn, WA 98001-3053 Dear Sir, 7430 COPLEY PARK PLACE SAN DIEGO, CA 92111-1119 (858) 874-8000 RECENEI) JUN 14 2044 P114NNING SEP E47 As you aware, La Mesa. RV Center, Inc., a California corporation, is in the process of opening both a sales and service operation in the City of Auburn, Washington. We are excited about the opportunity to contribute to the City's growth and development in the near future. Our specific plan is to conduct our sales operations on Lot 4 of the Supermall and our service operations at 1302 20 Street NW. It is our intention to purchase or lease another site in the city of Auburn and build the site to suit the sales operation. Until that permanent solution develops, we have obtained an 18 month lease on the Supermall site. Consequently, we are requesting an Administrative Temporary Use Permit for RV sales at the Supermall site. We have an immediate need to start business immediately so we do not miss the "season." If we are unable to achieve this result it will substantially affect our continuity of business as well as our ability to locate and develop a permanent sales solution within the City. This process of development is unusual and not our preferred method for developing property at a new location. Timing of the season, land purchase negotiations, and administrative requirements imposed for land use development, are circumstances beyond our control. Denial of the Administrative Temporary Use Permit would create a hardship on our sales operation due to the loss of continuity if we are not allowed to conduct sales at the temporary location. We do not intend to make any significant changes to the temporary site and an application for the permit is in the process of being filed. The existing lot complies with City standards, and we agree that the temporary use does not guarantee subsequent permanent use. It is our intention to post a performance bond guaranteeing the removal of the use if the use is denied by the Commission, Council or Hearing Examiner. La Mesa RV Center looks forward to long and profitable partnership with the City of Auburn and surrounding communities and businesses. tj Kollorm; es W. Walters President La Mesa RV Center, Inc. CITY OF , �* x B1 JRN ,K WASHINGTON July 28, 2004 HRP PROPERTIES 6 PO BOX 700 MERCER ISLAND, WA 98040 JAMES W WALTERS LA MESA RV 7430 COPLEY PARK PLACE SAN DIEGO, CA 92111-1119 Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253-931-3000 RE: Processing of your Administrative Use Permit (ADM04-0005) Gentlemen: Please be advised that I have approved your request for an Administrative Use Permit to allow a recreational vehicle repair and service facility at 1302 29"' Street NW. The official decision is attached for your review. My decision is final subject to appeal to the Hearing Examiner. You or any affected party may, within 14 days of the date of mailing of this decision, file an appeal on my decision. If no appeals are received then my decision is final Sincerely, Paul Krauss, AICP Director PK:pz Attachment cc: Engineering Building Fire Marshall City Clerk EXHIBIT 8 AUBURN *MORE THAN YOU IMAGINED CITY OF .. Z­,B,Um Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253 -931 - July 28, 2004 ADM04-0005 Dear Adjacent Property Owner: Please be advised that the Planning Director has issued an Administrative Use Permit to allow to allow a recreational vehicle repair and service facility at 1302 29'" Street NW. The official decision is attached for your review. The official decision of the Planning Director is attached for your review. The decision of the Director is final but is subject to appeal to Auburn's Hearing Examiner. If you wish to appeal the Director's decision, you must file an appeal with the City within 14 days of the date of mailing of this decision. In the event of an appeal, a public hearing will be scheduled before Hearing Examiner at the next available meeting. If you have any questions or concerns with regard to this proposal please contact Sean Martin at (253) 931-3090. Sincerel Paul Krauss, AICP Director PK:pz Attachment cc: Engineering Building Fire Marshall City Clerk AUBURN *MORE THAN YOU IMAGINED ADMINISTRATIVE USE PERMIT APPLICATION NO. ADM03-0004 REQUEST: To allow a recreational vehicle repair and service facility in an M-1, Light Industrial zone APPLICANT: La Mesa RV LOCATION: 1302 29th Street NW DECISION: Approval with conditions FINDINGS OF FACT 1. The applicant has requested an Administrative Use Permit to allow to allow a recreational vehicle repair and service facility at 1302 29th Street NW in the M-1, Light Industrial zone. 2. The proposed action is SEPA exempt. 3. The application indicates the subject building is 191,232 square feet, of which the applicant will utilize approximately 79,200 square feet. 4. While the M-1, Light Industrial zone does not allow for recreational vehicle repair facilities, the Planning Director has made the interpretation (Auburn City Code 18.32.020.V) that the use is consistent with the intent of the M-1 zone and another use permitted under subsection 18.32.030.C; "Automobile repair and service, which requires an Administrative Use permit. 5. The use of the site consists of the repair and service to the cabin and living areas of the recreational vehicles and the preparation of recreational vehicles for sale or delivery. Repairs to the engine or similar mechanical work on the vehicles will occur at other locations. 6. Auburn City Code 18.52.020.G allows the Planning Director to determine the number of Code required parking stalls for those uses not specifically identified in the Code. Because of the size of the vehicles and nature of the works, the Director shall base the parking stalls on the ratio of employees proposed at the location. An employee based parking stall requirement is consistent with the calculations for required parking in circumstances where the need for parking is directly related to employees rather than square footage of the structure. 7. The applicant shall provide 1 %2 stalls per employee to support on-site parking requirements. The additional fraction of a space shall allow for customer parking. The site area adjacent to the leased space provides 60 parking stalls, which is deemed adequate. 8. The services expected on-site may include washing of vehicles. Additional improvements to the site's storm system may be required prior to the commencement of on-site washing activities. Application No. ADM04-0005 July 28, 2004 Page 4 9. The applicant shall ensure that the space they seek to occupy is improved in accordance with the International Building Code (2003) for their occupancy. 10. In accordance with City regulations, the applicant must obtain and maintain a business registration for all business activities located on-site. 11. The contents of the case file, ADM04-0004, of this project, are hereby incorporated by reference and made part of the record of this decision. 12. Pursuant to Section 18.64.040 of the Auburn Zoning Ordinance, the Planning Director may issue an Administrative Use Permit only if the following findings of fact are met: A. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. The proposal is located in an M-1, Light Industrial zone. The surrounding area is developed with industrial uses to the west, north and south. The proposal would be consistent with the existing quality of development in the area and will not result in any adverse effects greater than could be realized by other uses permitted in the zone. B. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The M-1 zone allows for a wide range of uses and does recognize the potential of permit some commercial uses if the use enhances the quality of the area and does not disrupt the continuity of the industrial uses. Policy LU -108a speaks to allowing commercial uses within industrial areas. C. The proposal complies with all requirements of the Zoning Code. The proposal is capable of meeting all applicable requirements of the Zoning Code. D. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The building that supports the proposed use exists and has been constructed consistent with the general character of the area. As conditioned, the use will maintain the existing character. E. The proposal will not adversely affect the public infrastructure. There is no evidence that the public infrastructure will be affected by the proposal. DECISION For each of the above reasons, the decision of the Planning Director on this Administrative Use Permit, Application No. ADM04-0005 is approved. Application No. ADM04-0005 July 28, 2004 Page 5 CONDITIONS I. Engine repair or similar mechanical work to the vehicle is not authorized under this permit. 2. The applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil -water separator and then to the sanitary sewer systems. 3. The applicant shall submit to the City's Building Division a tenant improvement plan that addresses the improvements that are required to be made to the site. The subject plan shall also indicate that at least 14 parking stalls that meet the applicable dimension and paving requirements of Auburn City Code are provided. 4. The applicant is not permitted to store inoperable vehicles or conduct any vehicle repair activities outdoors. 5. The sale of vehicles from the subject business or its lot is not permitted unless a Conditional Use Permit is approved. 6. The applicant shall submit the required plans to reflect compliance with the conditions of this permit within 45 days. The applicant shall fulfill the requirements of said permits within 90 days of issuance. 7. The city shall not issue a business registration until conditions 1, 2 and 3 have been satisfied. In accordance with Auburn City Code 5.10.030, it is unlawful; to engage in business without registering the business in accordance with City regulations. DATED and SIGNED this 28th of July, 2004. Paul Krauss, AICP Director, Department of Planning and Community Development NOTICE OF RIGHT TO APPEAL: The decision of the Planning Director is final subject to appeal to Auburn's Hearing Examiner. Any affected party may appeal the Director's decision within fourteen (14) days of the date of mailing of the Director's decision. Appeals may be filed at the Auburn Planning Department.