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Resolution-PC 93-24~~~ ~ gF~.S',OLUTION N0. PC93-24 ( A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TNAT PE7ITION FOR CONDITIONAL USE PERMIT NO. 3581 8~ GRANTED, IN PART i Vb'HEREAS, the Anaheim City Plannfng Commission dld receive 3 verifted Petitlon tor ~ Conditlonal Use Permit tor certaln real properry oituated In tha City of Anaholm, Cpunty of Orange, State of Qalifornla, dascribed As: PARCELS 3 AND B AS SHOWN ON A MAP FILED IN BOOK 2~2, PAGE 37 TO ~ at INCLUSIVE, OF PARCEI MAPS, AND AS AMENDED BY THAT CERTAIN ~ CERTIFICATE OF CORRECTION RECORDED QECEMBER 15, 1989 AS ; IN3TRUMENT N0. 89-680795, OFFICIAL RECORDS, IN THE OFFiCE OF THE ~ COUNT`f RECORD~R OF ORANGE COUN1'Y, CAUFORNIA. i WHEREAS, the Ctry Planning Commission did hald a publlc hearing at the Civic Center in the Ciry of Anaheim on January 11, tA93 et 1:30 p.m., notfco of sa(d publlc hearing having been duly gfven as required by law and in accordanco with the prov(sfons of tho Anahefm h7unfcipal Cocla, Chapter '~ 18.03, ta hear end consider evidence for and against sald proposod cundillonai u~e permit and to Investfgete nnd mako findings and recommendations In connectfon therawith; and that said pubifc hearing was continued to the .lanuary 25, Febru3ry 8 and Feb~uary 22, t993 Planning Cummiaslon moet(ngs; and WHEREAS, sald Commlaslon, aiter due Inspection, hrvestlQatir,n and study mado by itaelf ~ and In Its behali, and after due constderatlon ot all evldence and report4 o4iered at said hearing, does iind and determine the following iacts: ' t. That the proposed use is properly one tor which a conditional usa permit Is authorized by ~ Anehelm Municipal Code Soctfon 18.44.050.085 to permit an automotive repafr facllity includ(np the retall sale and fnstallatfon of automobile parts and accessories wfth waivers ot: g % (A) Sectlon 18.84.062.011 - billnimum set~ack iro~n ireawav. ~ (10 feet requfred; ,~0 ieet proposed) (B) ,~Qctions 16.05.091.010 - Permitted fresstandfna sian. ~ ~.05,09t.011 (One,gbooui center j~(antificetion sign with ? 18.05.091,014 °ne ;0 sa,tt. display suriace permftted; i and,18.84.0 ?.,040 Qne ~,Q~ble•teced 50 sa.~t busfness IdantHi t~lon sign proposed) ~ (C) $ectfons 18.05,Q~1.020 - Permitted wall sfans. ,pnd t8. .$4062.040 (One well sian aer bufldfng unk tront entrance permft!ed; two w{~jyr~g proposed) (~) 3ect(~ t8.84.082.032 - Parml~ rooh ount eauloment. , (Roof-mounted_sauiqrnent prohibited; root•mqyntecl e~ioment proposed) 2. That waiver (A) perta(nfng to the minfmum setback irom the Rhrerside/Route 9t Freeway is hereby pranted on the basis that there Is a speclal circumstanco applicable to tho property consfstfng of th9 topo~rephy of the afte whlch Includes a larpe slope aree, and that approva! of sald walver Is conslstont with the setbacks oi other buildings along the north property ilne abutting the freaway. ,.. .v ~.~ CR1743MS.wp -1 • PC93 14 ~._. ~"^~~ 3. That walvers (B) and (D) are hereby granted on tho basis that thers ere speclai circumstances appticable to tho property such as size, shape, topo~raphy, location or surroundfnga, which do not apply to other Iclentically zoned proportles fn the vicfnity; 1. That strict appiicatlon of the zonfng Cocle deprives the proparty of privileges enJ~yed by oth~~r propertfes In fdentical zoning classii(cation iri the vlclniry; 5. That walver (C) is hereby denied on basio that the petitloner Indicated at the public hearing that there wae n4 neecl for additfonbl slgns; 0. Thak the proposed use is properly one for which a c~nditlonal use permit Is authorized by the Zon(ng Cado; 7. That the proposec! use, as granted, wlll not adveraely affect the adlolning land uses and the growth and development ~f the area in which It Is proposed to be located because tho petitloner has submitted revised plana m(tlgating concerna regarding the orientatlon of the servlcA bays, the design of the truck loading area, the design of the monument sign and placement of roof•mounted equlpment; 8. That th~ slze and ahape of the sltA f~r the proposed use, as granted, Is adequete to allow the full development oi the praposed uae In a manner not detrlmental tn tho particular area nor to the ~eace, health, safety, and general welfare; 9. That the traific generated by the proposed use wlll not tmposo ~an undue burden upon the streets and hlghways designed and Imp~ovod to carry the t~aHic In the area; 10. That the granting of the conditional use permit under the condltlons imposed wili not be detrimentnl to the peace, health, satety and general we{fare ot tho cftizens of the Clty of Anahelm; and 11. 7hat two (2) people Indicated thair presence at sa(d publlc I~earing fn opposittan; and that no corresp~ndonce was recelved In opposltion to the subject petitlon. C~I.,IFORl~IA ENVIRON~ NT,~ AL Q~jAL~TY AGT FINDING: That the Anahefm City Planning Commission has reviswed the propos~l to permft an automotive ropalr faclllty Includinq the rstali salo and Installation of autamobile parts and accessorios wkh waivers ot minimum sotback irorn treeway, permltted freestanding sfOn, permitted wall signs and permitted roof•maunted equipment on an irregularlyshaped parcel of land consisting of approxlm~t~ty 3.34 acres, havinp a irontege ot approximately 120 feet on the north s(de of Santa Ana Canyon Road, havin~ a maxlmum depth of approximeteiy 800 ieet, being located approximately 1050 feet west of the centerlfne of Welr Canyon Road and fuKhar de5crited as 820G Esst Santa Ana Canyors Road; and doos hereby approve tho Negative Declaratfan upon flndlnp that the declaration re8ects the Independont Judgement of the lead agency and that ft has considered tho Negatlve Oeciaration topether with any comments recefved durinp the publfc revlew procesa end iurther tindin~ on the basta oi the initfal study and any comments recelved that there is no substantlai evidance that the project wlll hava a slgniffcant eHect on the environment. NOW, THEREFORE, BE IT R[SOLVED that the Anaheim City Planning Commission does hereby grant subJect Pethlon for Condftfonal Uso Permit, in pert, upon the following condltfons which are liereby found to be a necesgary prerequlsite to the pcoposed use oF the aubject property in ordor to preserve the 3afery and general wolfare ot the Cftlzens of the City of Anahelm: t. That the existing driveway to the immecfiate south shell be reconstructed w(th ten (10) foot rad(us curb retums fn conformance with Engtnoer(ng Standerd No. 137. 2. That plans submitted tor but!~tfng permits shal! show a truck loadfng area (n conforrnance w(th Code Soct(on 18.06.080 'fruck L~ ~~fng Requirements.' ., ~~ .2_ PC93-24 ~ ~ ~7~ . That a lan sheet for solid waste stor~ e and collection, and e Inn for rac clln shali bs submitted ~ 3 P 9 p Y 9 to tho Dapanment of M~intenance for revlew and approvai. 4. That the ownor of subject property sha~l submit a letter requesting termfnatlon of Variance Nos. 3109 ~ (viaiver oi minimum structural setback from a sconic higl~way to construct a shopping center) and 3522 (weivArs of minimum number of parking spaces, minimum structural setback and roqulrad sfte screening to construct a shopping center), and Conditiona! Use Permit Nos. 2846 (permitting a 150- room, 57~ foot high hotel/motel) ancl 3271 (permltting a commercial retall center with wslvers of minirtwm setback from a freeway and psrmitted signs) t0 the Znning Dlvision. ~ 5. That no banners or other advenfsing shall be displayed In the servfce bays facing any public rfghts•of•way. 6. That aubJect property shali be davelopod aubstantially In accordanco with plans and speciffcatlons submftted to the Cfty of Anahelm by tho petitloner and which plans are on filo with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 through b, Exhibit Nos. 6 through 8, and Rev(slon Na. 1 ot Exhlbit No. 9. 7. (a) That a landscaping plan, Including frrigatlan facilitiea, for the area to be developed in tho tuture shall ba submitted to the Zoning Divisfon tor revlew ~nd approvai; and (b) Thet seid Iandscapinp shail be installed and maintained thereatter. 6. That all roof•mounted equlpment ahall be pafnted to match the color of the roof, and that the raaf- mounted equipment shall bs located so as n~t to be vislble to any noarby publfc r(ghts•of•way or to grpund level observers. 9. That the hsight of all praposed parking lot Ilght atandards shall not exceed twenry (2Q) teet and that said Iight standarda stiall be directed dowrnvards. 10. That the tlre storage area ahali be iully encloseci. 11. 1'hat no cars shall be parked outside the bullding overn(ght, 12. That the owner of subJect property snell coniract for deily trash pick•up with the City's trash collection contrector (Anaheim Disposal). 13. That en emissfon flltratlon system shall be installed and utfifzed while cars are belnp operated during aervic(ng. t 4. That I~ternatfonal signage shall be permanently posted both fnside and outside the bullding prohibltinfl any servictng of cars by ind(viduals other than empioyees. 15. That pr(or to Issuance af a bufiding permlt, or wfthin e period of one (1) year trom the date of this resolutfon, whichever occurs first, Condition Nos. 2, 3, 4 and 7(a), ebove•mentfoned, shall be compilod with. Extensions for iurther time to complete sa(d condklons may be granted In accordence with Sectlon 18.03.0~0 of the Anahelm Municipal Code. 16. That prior to tinal building and zoninp tnspacNons, Condftlon Nos. t, 8, 7(b), f!, 9, 10, 13 and 14, above-mentloned, ahail be com~lfed wfth. ~~ ~ .3. PC93-24 ~ ~ 17. That for the firat thrae (3) months following the inftlal opening of subJect business, Code Enforcement staff wlll conduct one (1) inspectlon every other weok in order to discourage any outdoo~ repalr and to monitor outdoor atorage and disposal nreas. If any problems occur eiter th0 initial three (3) month inspectlon period, Code Enforcement staff v~lll renew inspections until the vlolations are corrected to the satisfaction of the Code Entorcement Division. The petltloner shatl be r~sponsible for paylnfl the cast of each Inspectl~n In accordance with tha fees In effect at the tfine the inspections are mad¢. 18. That approval ot thfs applfcation constitutes approval of the proposed request only to the oxtent that ft oomplles with tho Anahelm Municipal Zoning Code and any other appiicable City, State and Fecleral regulatlons. Approval does not Include any actlon or tindings as to compl(anae ur appraval of tho request regarding any other appllcabie ordlnance, regulatlon or requlrement. BE IT FURTHER RESOLVED that the Anahelm City Plannfng Commission does hereby f(nd and dotermine that adoption of this Resolutlon is expressly predlcated upon applfcant's complianco wRh each and all of the conditlona hereinabovo set farth, Should any s ch conditlon, or any part thoreof, be declared invalid or uneniorceable by the final judgment of any ourt af competent Jurisdictfon, then this Resolution, and any approvals hereln contafnod, shall be dee e~i null and~rold. THE FOREQOINCi RESOl.U710N was ado,~d4e~at tl~s Pjf~4ning Commission ma~tfng of Fobruary 22, 1993. ' ~ ,~ ~~ ' ATTEST: ~Yk~L4alt.i~ C~O~+r.~E SECRET Y, AHEIM CITY PLANNING COMMISSION ANAHEIM CITY PLANNIN~COMMIS510N STATE OF CALIFORNIA ) COUNTY OF ORANC3E ) ss. CITY OF ANAHEIM ) I, Margasita Soiorlo, Secretary of the Anaheim Ciry Planning Commisslon, do hereby certffy that the ioregoing reaolution was passed end edoptoci at a meeting of the Anahelm Ciry Plannfn~ Commission held on Fobruary 22, 1~J3, by the following vote ot the members thereof: AYE3: COMMISSIONERS: 60YDSTUN, CALDWr.LL, HENNINGEFi, MAYER, MES3E, PERAZA, T'AIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand th!s 8~ ' day of , 1993. 'f.i ~ ~e~o/~ 5~CR AR ANAk;EIM CITY PLANNIN(3 COMMISSION ~f''~'+e ~~ . .,~. PC93•24