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Resolution-PC 2003-54~ RESOLUTION NO. PC2003-54 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04673 BE GRANTED WHEREAS, the Anaheim City 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: PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 106, PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 7, 2003 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; 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 is pro.perly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.145 to wit: to permit and retain industrially-related office uses within an existing industrial complex with waiver of the following: Sections 18.06.050.020.021.0211 - Minimum number of parkinq spaces. 18.06.050.020.021.0212 (130 spaces required; 18.06.050.030.031 108 spaces proposed, and concurred with by the City Traffic 18.06.080 and Transportation Manager) and 18.61.066.050 2. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the property has adequate access points and on-site circulation. ~ 3. That the waiver, under the conditions imposed, will not impede vehicle ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 5. That the waiver, under the conditions imposed and based on the conclusions contained in the submitted parking demand study described in paragraphs (17) and (18) of the Staff Report to the Planning Commission dated April 7, 2003, will not cause fewer off-street parking spaces to be provided than is required to meet the parking demand for this industrial complex. 6. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets and adjacent private property in the immediate vicinity of the proposed use because parking is not permitted on Douglass Road and adjacent properties are not easily accessible for off-site parking. 7. That the proposed use, under the conditions imposed, will not adversely affect the adjoining office and industrial uses or restrict the growth and economic development of the area in which it is located. Cr\PC2003-054 -1- PC2003-54 • • 8. That the size and shape of the property is adequate to accommodate the proposed office uses in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare, and with no significant affects to adjoining properties as evidenced by the parking demand study. 9. That, as conditioned herein, the traffic generated by permitting office uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the property has adequate parking and circulation for patrons visiting the site. 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit and retain industrially-related office uses within an existing industrial complex with waiver of minimum number of parking spaces on an irregularly- shaped 3.3-acre property having a frontage of 750 feet on the west side of Douglass Road and a maximum depth of 257 feet, being located 448 feet south of the centerline of Katella Avenue, and further described as 1725-1751 South Douglass Road; 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 initial study and any comments received that 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 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 proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone. Any new signs shall be subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendation' item. 2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 3. That no outdoor special events shall be permitted. 4. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5. That any tree or other landscaping planfed on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dies. 6. That four (4) foot high address numbers shall be displayed on the roof of the buildings in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or nearby properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division, review and approval. -2- PC2003-54 • . 7 That the permitted office uses shall be limited to the following: (1) Accounting - Bookkeeping, CPA Firms (2) Advertising (3) Appraisers (4) Banks (5) Brokers - Real Estate, Business Opportunities, etc. (6) Business System Companies (7) Communication Consultants (8) Computer Analysis Firms (9) Credit Reporting Agencies (10) Designers - Industrial, Interior, Graphic (11) Development Companies (12) Facility Maintenance and Planning (13) Insurance Companies/Agencies (14) Inventory Services (15) Leasing Companies (16) Management Consultants/Companies (17) Marketing Research (18) Personnel Agencies (19) Quality Control Analysis (20) Sales Offices (which serve the industrial area) (21) Secretarial and Business Services Each individual business/use shall obtain Planning Department approval prior to occupancy, which approval shall only be given when it is demonstrated by the applicant that such use is either an expressly permitted use in the underlying ML (Limited Industrial) zone or is one of the above-listed uses. 8. That subject property shall be maintained substantially 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(Site Plan), provided that the parallel parking spaces shown along the west property line shall striped to provide additional on-site parking as stipulated to by the petitioner at the public hearing; and as conditioned herein. That a maximum one thousand two hundred finrelve (1,212) square feet of floor area shall be permitted to be utilized for medical-type uses within this industrial/office complex. 10. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3716 (permitting an automobile parking lot for event-type parking). 11. That a minimum of one hundred eight (108) parking spaces shall be maintained on the property. 12. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 6 and 10, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That prior to final zoning inspections or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 8, above-mentioned, shall be complied with. Extensions for further time to complete said condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. -3- PC2003-54 ~1 ~ 14. 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. BE IT FURTHER RESOLVED that granting of the parking waiver shall be deemed to be contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon the waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 null and void. April 7, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENTOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on April 7, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ b T"'~ day of ' , 2003. IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-54