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Resolution-PC 97-167~ ~ RESOLUTION NO. ?C97-167 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. a978 BE GRANTED WHERE~S, the Anaheim City Planning Commission did receive a verified Petiti State Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, of Califomia, described as: PARCEL 1: THE SGUTH HALF OF THF NflRTHEAST QUAR?ER OF THE NOStTHEAST QUAl~TER QF THE NORTHEAST C1~ARTER OF SECTION 23, TOWi~f~HIP 4 SOUTH, RANGE 1~ WEST, IN THE RANCHO i.OS COYGTES, AS PER fVIAP RECORDED IN BOOK 51, PAGE 11 OF THE MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY OF RECO«~J::R OF SAID COUNTY. ALSO EXCEPT THE EAS1'ERLY 40.00 FEET THEREOF, AS PER N BOOK 2175, PAGE 3~24 COFF C~IAL RECORDSDED APRIL 13, 1951, ALSO EXCEPT THE EASTERLY 40.00 FEET THEREOF, AS PER N BOOK 2175, PAGE 3024 OFLOFOFI~CIAL RECORDSD APRIL 13, 1951, PARCEL 2: 'fHE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WES i, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER QF SAID COUNTY. EXCEPT THE EASTERLY ~0 FEET THEREOF. WHEREAS, ihe City Planning Commission did hoid a public hearing at the Civic Center in the C;ity of Anaheim on November 24, 1997 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance wilh the previsions of the Anaheim Municipal Code, Chap?er 1f3.03, to hear and consider evidence for and against said proposed conditiunal use permit and to imiestigate and make findings and recommendations in connection therewith; and beihalf~, and after due consideratiotn of all Ievidence and reports offeredsatd a d hear ng't does find and de:termine 1he following facts: ~, Thal the proposed use is properly one for which a condilional usc permit is authorized by Anaheim Muricipal Code Section 18.44.050.085 and 18.44.050.300 to construct a 2-story, 3,460 sq. ft. building tor automobile glass and stereo/alarm sales and installation, and a walk-up restaurant with 200 sq. ft. of ou!door dining. 2, That the proposed 2-story, 3,460 so. it. buiiding for automobile glass and stereo/alarm sales and ir.,~tallation was incorrectly advertised fo+ 3,700 sq. ft.; _~ _ PG97-167 CR3117~L.DOC ~ ~ 3, That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because ihe proposed automobile glass, stereolalarm sales and installation facility and restaurant uses wiil be accessory to, and complementary with, the existing automotive uses on the property; 4, That the size and shape of 1he site for the proposed use is adequate 1o ailow ihe full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and generat welfare because 1he project meets all development standards for the underlying "CL" Limited Commercial Zone; 5, That the traffic generated by the proposed use will not impose an undue burden upon the slreets a~d highways designed and improved to carry the traffic in the area; g. That the grantine~ of the condilional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general ~~~Ifare of the citizens of the City of Anaheim; and 7, That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL GIUALITY ACT FINDING: That theH bu Id n Cfor Planning Commission has reviewed the proposal to construct a 2 story, 3,460 sq• ft. of automobile glass and stereo/alarm sales and installation, and a walk-up restaurant wilh 200 sq. oute~oor dining on a 4.5 acre prope~ly having frontage of 325 feet on the west side of Beach Boulevard with maximum depth of 603 feet, and located 330 feet souve thehNegat velDecla ationupon find5ng that Beach Boulevard - Pick Your PaR); and does hereby app the declaration refiects the independent judgment of the lead agency and that it has considered the Negative Declaratian together wilh any comments received during the public review proce~s and fuAher findinc~ on the basis of the initial sludy and any comments received that there is no substantial evidence that the project will have a sisnificant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition f~f qustlel ta thesproposed use of the~subject pr p'elrtysin olrc+erto hereby found to be a necessary p preserve the safety and general welfare oi the Citizens of the City of Anaheim: ~, That trash storage areas shall be provided and maintained in locaiion(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Depariment. A double trash enclosure is required for the rew building and a trash enclosure is also required for the existiny recycling facility. Such information shall be specifically shown on the plans submitted (or buildi~g permits. 2, That: a plan sheet for solid waste storage and coll~ction and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 3 sha I be accessory ito and either owned olrmanaged bytlhesoPeaaftor of heh ndertyin4 "P ctk Your PaA" facility. q, Thal an on-site trash truck turn-around area shali be providea and maintained !o the satisfaction of the Public Works Department, Streets and Sanitation Division, and in accordance with Engineering Standard Detail No. 6~0. Said turn-around area shall be specifically shown on plans submitted for building permits. PC97-167 ~ ~ 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the latest revisions of Engineering Standard Plan'Vos. 436 and 602 peRaining to parking standards and driveway locations. Such inforrnation shall be specifically shown on plans submitted for building permits and the subject preperty shall thereupon be developed and maintained in conformance with said plans. 6. That no required parVcing area shall be fenced or otherwise enclosed for outdoor storage uses. 7. That the hours of operation shail be limited to 8 a.m. to 6 p.m. daily. 8. That the maximum number of outdoor dining tables shall be four (4) and the maximum number of seats for the restaurant patio area shall be eight (8). 9. That any on-site public telephones shal! be located inside the buiiding. 10. That the owner of the subject property shall be responsible for the removai of any on-site gra(fiti within twenty four (24) hours of its application. 11. That no Sperial Event Permits shall be granted for the approved businesses and that no temporary flags, banners, balloons or other temporary advertising displays shall be permitted on the properly; nor shall such temporary advertising displays be visible io the street from inside the service bays. 12. That this request is approved only in conjunction wi~',i the "Pick Your Parl" business permitted by Conditional Use Permit No. 3608. This approval snall aulomatically terminate in the event that Conditional Use Permit No. 3608 becomes invalid. 13. (a) That no outdoor overnight vehicie parking shall be permitted; ~b~ That all activities including installation of glass, stereo or alarms shall be conducted wholly inside the building; and ~~~ That no form of automotive repair including removal o(, or installation of, parts shall be permitted. 14. (a) That no signs are permitted in connection with this Condilional Use Permit No. 3978 and as pari of this request; and ~b) That the un-permitted wali signs on the existing buildir:~~and any requests for additional signage shall be subject to the review and approvai of the Planning Commission as a"Reports and Recommendations" item; and if the existing un- permitted signage is denied by th? Planning Commission, said signage shall be removed within a period of lhiAy (30) days from ihe date of such denial. 15. That the property owner shall either. _ ~a) Submit proof of compiiance with the mitigation measures of Mitigation Monitoring Program No. 69, requiring the establishment of a telephone hotline so that customers can asceriain whether particular vehicles and/or parts are available; or ~b) Request a public heari~~g before the Planning Commission to consider deletion of the measure. 16. That prior to commencing operation of these conditional uses, a valid business licenses shatl be obt2ined from the Business License Division of the Finance Department for each individua! business. ~7, That the properiy shall be permanently maintained in an orde~ly fashion by providing regular removal of Vash or debris. PC97-7 67 ~ ~ ~g. That the subject propeRy shall be develaped substantially in accordance wilh plans and specifications submitted to the City of Anat~eim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nus. 1 and 2, and as conditioned herein. ~g. That no testin~ of any audible equipment shall ta::_° -~~ce prior io 8 a.m. or after 6 p.m. 2q, That all audible stere oae~ al'nes adjaceM to resident al d velopment, dBA, as measured at the west and ~~orihwest pr p Y 2~, That within a period of siriy (60) days from 1he date of this ;esolution, Condition No. 15, above- mentioned, shall be completed. ~2. That pnor to issuance of a building permit or within a period of one (1) year from 1he d~te of this resolution, whichever occurs fir~t, Condition Nos. 1, 2, 4, 5 and 14, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Seclion 18.03.090 of 1he Anaheim Municipal Code. 23. That prior to final building and zoning ~nspections, Condition Nos. 16 and 18, above-mentione~~, shall be complied with. 24. That approval of this application constitutes approval of the proposed request only to the c ~:ent that it compiies with the Anah ~i eI doeslnot nclude any acti n or fnd ngs 3sl' obco p'fy ~ ce or and Federal reguiations. APP an other applicable ordinance, regulation or requirerrr„,t. approval of 1he request regarding Y BE IT FURTHEF: RESOLVED that the Anai~eim ~red'icated upon~ ppl cants compliance find and determine that adoplion of this Resolution is expressly p art thereo~, with each and all of the conditions hereinabove set fo~~1h. Should any such condilion, or any p be declared invalid or uneM ovalsbhere ntcontained shall be deemed null and vopd tent jurisdiction, then this Resolution, and any ~pp THE FOREGOING RESOLUTION was adopted at the Planning Commission m~ting of November 24, 1997. , ~ _ ~ ~c t Ls~ ~`' rC CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: /~^/' ~t6~~h.l.b~ SECRE''ARY, 9 AH°_IM CITY PLANNING COMMISSION PC97-167 ~ ~ STATE O~ CALIFORI~IA } COUNTY CF ORANGE ) ss. CITY OF ,~NAHEIh1 ) !, Margarita Solorio, Secretary of tiie Anaheim City Pianning Commission, do hereby cerlify ttiat ihe foregoing resolution was passed and adopted at a meeting of ttie Anai~eim City Planning Commission held on November 24, 1'J97, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES PERAZA NOES: COMMISSIQNERS: NONE ABSENT: COMMISSIONERS: HENNINGER, MP.YER / . ~ ~~~ IN VliITN~SS WHEREOF, i have hereunto set my hand this ~,_ day of _, 1997. ~ , SECRETA Y, ANAHEIM CITY PLANNING COMMISSION 5 PC97-167