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Resolution-PC 97-125~ ~ RESOLUTION NO. PC97-125 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERWIIT NO. 3963 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State of Califomia, described as: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, GESCRIBED AS FOLLOWS: THAT PORTION OF LOT 25 OF ANAHEIM EXTENSION, AS SFiOWN OF A MAP THEREOF MADE BY WILLIAM HAMEL AND FILED FOR RECORDED IN THE OFFIC~ OF ThiE COUNTY RECORdER OF LOS ANGELES COUNTY. CALIF~RNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 25 AND THE WEST LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY; THENCE SOUTH 89 DEGREES 53' 45" WEST 297.00 FEET ALONG SAID SOUTH LINE OF LOT 25; THENCE NORTH 0 DEGREES 06' 15" WEST 348.66 FEET; THENCE NORTH 74 DEGREES 30' 00" EAST 193.78 FEET TO SAID WEST LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY; THENCE SOUTH 15 DEGREES 30' 00" EAST 415.00 FEET ALONG SAID WEST LINE'TO THE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 50.00 FEET LYING WITHlN BALL ROAD. ALSO EXCEPTING THEREFROM, ALL MINERALS AND ALL MINERAL RIGHTS OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR HEREAFTER DISCOVERED, INCI:IiDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOINC, OIL AND GAS RIGHTS THERETO, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF SAID MINERALS BY ANY MEANS OR METHODS SUITABLE, BUT WITHOUT ENTERING UPON OR USING THE SURFACE OR 7HE FIRST 500 FEET OF DEPTH THEREOF. 1NHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 3, 1997 at 1:30 p.m., notice of said public hearing having been duly given as required by law snd in accordance wilh 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 -1- PC97-125 CR3035PL.WP :r ~ ~ WNEREAS, said Commission, after due in~pection, investigation and study made by itself and in its behalf, and after due consideration of ali evidence and reports offered at said hearir.g, does find and determine the following facts: 1. That the proposed use is properiy one for which a conditional use permit is autharized by Anaheim Municipal Code Section 18.61.050.070 to permit a 10,800 sq.ft. auto body and paint facility within an existing industriai building; 2. That the proposed use will not adversely affect the adjoining land uses and ths growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the property and exi~ting building are large enough to contain the req~ested auto body and paint faciliry, and the existing tenants without any waivers from Code; 4. That the trdffic generated by the proposed use will not impnse an undue burden upon the streets and highways designed 2nd improved to carry the tra~c in the area; 5. That the proposal is a compa~ible use within the immediate industrial neighborhood and, as conditioned, will not be a detriment to the peace, health and welfare of the citizens of the Ciiy of Anaheim; and 6. That no one indicated their presence at said public hearing in opposition; and that no _--__ correspondence was received in opposition to the subject petition. --_ - - _.. -- - „-- .~~nR CALIFORNIa`~~.... ONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposai-iv p~rmit a_10,800 sq.ft. auto body and paint facility within an existing industrial building on a 1.24-acre irreguiarly-shapc~<nroperty with a frontage of approximately 284 feet on the north side of Ball Road, a maximum depth of approximata!, 360 feet, and being iocated approximately 480 feet east of the centerline of Technology Circle (323 East-tsa~~ !?oad); ~nd does hereby approve the Negative Declaration upon finding that the declaration reflects !he indep~^!~ent judgement of the lead agency ~nd 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 substantiai evidence that the project wili have a significant effect on the environment. hOW, THEREFORE, B~ IT RESOLVED that the Anaheirn Ciry Planning Commission does hereby grant subject Petition for Conditionai Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use cf the subject property in order to preserve the safery and general welfare of the Citizens of the Ciry of Anaheim: 1. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division. Such information shall be specifically shown on plans submitted for Streets and Sanitatio~ Division approval. ~. That a pian sheet for solid waste storage and collection and a plan for recycling shali be submit:ed to the Public W~rks Department, Streets and Sanitation Division, for review and approval. 3. That an on-site trash truck tum-arouncl area shall be provided and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted fcr Streets and Sanitation Division for approval. _2_ PC97-125 .. '~ 4. That no required parking area shall be fenced or othervvise enclosed for outdoor storage uses. 5. That if ~onstruction of a new monument sign is proposed, plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standsrd No. 137 pertaining to sight distance visibility. 6. That the owner of subject property submit a landscape plan showing additional planters in the parking lot adjacent to Ball Road to the Zoning Division Tor revie and approval by the Planning ('ommission as a"Reports and Recommendations" item. 7. That the owner may either: (a) Retain the existing twenty (20) foot high, twenty five (25) sq.ft. freestancling pole sign; or (b) Replace said pole sign with a monument sign, not to exceed eight (8) feet in height and in compliance with all Code requirements. Plans for such monument sign shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and l2ecommendations" item prior to installation. S. Tnat the owner of subject property sha!I submit a letter to the Zoning Division of the Pianning Department requesting termination of Conditionai Use Permit No. 3430 (to permit an emergency vehic~e repair facility with waiver of minimum number of parking spaces at 323 East Ball Road). 9. That no outdoor storage of vehicles (including recreational vehicles, boats, etc.) or materiais reiated to the auto body and paint facility shall be permitted. That all activities related to the operation of this business shail be conducted irdoors. 10. That prior to the commencement of this business, a valid business license shall be obtained from the Ciry of Anaheim Business License Division of the Finance Department. 11. That signage for subject facility shail be limited to that shown on the exhibits submitted by the petitioner and as conditioned herein. Any additional signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 12. That plans shall be submitted to the City Traffic Transportation Manager for review and approval showing conformance with the latest revision of Engineering Standard Pian Nos. 436 and 602 pertair~ing to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said pians. 13. ~eart park ng tlott~and thehaccumulat on of tr sh and d br sa n1ethe rear park ng ot nareacsha~l tbe removed immediately. 14. That subject property shall be developed 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 Nos. 1 and 2, and as conditioned herein. 15. That prior to commencement of the activity herein approved or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 10, 12 and 14, above-mentioned, shal~ 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. -3- PC97-125 .. ~ ~ 16. That approval of this application conslitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compiiance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planniny Commission do~s 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 an,y 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, shali be deemed nuil and void. TH~ FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 3, 1997. ~/.L~t~__s~~~~ CHAIRPERSON ANAHEIM CIN PLANNING COMMISSION ATTEST: ~ sA~a~~ SECRETARY, ANAHEIM CIT~' PLANNiNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Pianning Commission, do hereby certify that the foregoing resolution ~vas passed and adopted at a meeting of the Anaheim City Planning Commission held on September 3, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have iiereunto set my hand this ~ 3 day of~d~-~ 1997. 0 sA~aQ-m-- ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION ~_ PC97-125