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Resolution-PC 97-90~/ ~ , ~ {;~~ R~cnt ~10'N NO PC9~ A RESQLUTIO^1 OF THE IWAHEIM CI`fY Pl~1NN~t~G COMM'.SS10N AMrNDING f~ESOLUTION NO. 96R-15'0 AD~P'TED IN ~COIVNECTiON W~TH COMDITIONAL U5E P~C}iMIT N0. 3855 WHEF~EAS, ~on August 20, 1996, ths C'Ry Council adopted Re~olution ~do. 96R-15C to approve Co~dftional Use PermR No. 3855 and permft wireless communications device saies ({ncludiny, but not limited to, ~e1lu~ar tei~phnnes, beepers, 2-way radios and fax :nachines) wfth service and sales of related accesso~ies and ~pa.rts, and automotive fnstatiation in the ML (Limited Industriat) Zone with waiver of permiYted typ,e of sign at 1985 South Santa +Cruz Street; anci VYHEREAS, this properiy Is de~retoped wfth a 35,000 sq.ft. industrial building (Gfobal Cellular). WHEREAS, the petftloner has requested amendment to this use permit to permit a lotal of two industrialky-retated sa~es and otflce uses in an +eulsting 35,G04 sq.ft. irxi~;st~tai buildir,g under authoriry of Code Sectlon 18.61.050.145, arrd vvith the follow(ng waiv~rs: (~) S lons 18.05,442 - PPrmitted tvpe of sian. 18 05 098 (Roof signs 'hi ft in 4he ML Zon2; and 18 61.067 thr fi f sians proposed, ranging from 540- to 1,050 sq.ft.) (b) ~°^~~^^s 18 O6 054.0212 - Minimum n~lmber ofi parkina so~C__8~. 18.66.059.022 ~1~1 saaces required; 1$.O6.Q50.0321 91 saaces ex~5cing and recommerxied by the Cfty Traffic 1 .0 .0 and Transportation Manager) and 18.61.066.050 WHEREAS, the Cfty Planning Commissicn did hold a oubtlc hearing at the Civic Center in the City of Ar,aheim on duly ?.1, t997, at 7:30 p.m., notice of said public hearing hav{ng been duly given as required by law and in accord2nce with the pcovfsionT o otShe~A~ a ee~ eni and ~to ~ves gateeand ~make hear and consider evWence for and agafnst said p aP findings and recommendations in connect(en thnrewfth; and WHEREAS, sai~ Comrrission, after due inspection, fnvestigatlon and study ma~e by itseif and in iis behalf, and after due consideration of all evidence and reparts offered at satd hearing, does find and determine the fdlowing facts: 1. That the ex(sting 35,000 sq.ft. industrial buildin~ was incarrectly advErtised as being 33,666 sq.ft. in size; 2. That waNer (a), permitted tYpe of sign, Is hereby approved on the basis that are special circumstances applicable to the property, Inctuding size, sFv3pe~ topog~aphy, lor.,ation or surroundings, whfch do not apply to other proporry under iderrtical zoning cfassfflcation in the vlcinhy~ anrl th~f t b~ileges of said special circumstances, str(ct aPpi~cation of the Z~ning wde deprives the p operty P enjoyed by other property under identical zoning cl2ssffication in the vicinity; ~ PC97-90 CA2.978PLWP f ~i f 3. That ~waivar (b), parking, under the condftions (mposed, ~uill not cause fewer off-street parking spaces to be provided for such use than the number oi such spaces necessary tn accommodate ali vehicles at4ributable to such use under the normai and reasonably foreseeable condftions of operatlon of suc~ use; 4. That waiver (b), ~:~der the condft{ons imposed, wiil not incrP,ase th~ demand and compatftion for parking spaces upon th6 public streets in the immediate viciniry af the proposed use; 5. That waNer (b), under the condftions imposed, will not increase the demand and competftion for pork~ is noexsresslnp ovided as parking fosuch use under~antagree en In compilanee itFeSecton psop.rty P Y t8.06.010.020 af this Code); 6. That waiver (b), under ihe condftions imposed, will not increase traffic congestion ~Nithin the ~ff-street parking ereas or lots provkled for such use; 7. That wafver (b), under the condftions imposed, w(II not impede vehicular ingress to or egress irTm adjacent properties upon the publlc streets in the immediate viciniry of the proposed use; 8. That the proposed second Industrially-related sales and ~ffice use is a Iisted condftionally- permiCted use in the ML Zone a--d~ as conditioned herein, will be compatible wfth the existing irxlustria{, office and st~rvice businesses in ihe surro:inding neighborhood~ a~d that the revised floor plan is necessary to incarporate the unused building area ~oo' futu~:~r tenant apace; 9. Ttuat the propase~ moc3flcation to this use permit, includ(ng 4he imposkion of addftional cor~;~ifttons thereto, is reasonab~Y necessary t~ protect the pubiic peace, health, safety or general weifare; 10. That no ohe ind~cated their presence at the public hearing in oppos'dion; and that no correspondence was receh•ad in opposition to the subJect petition. CALiFORNIA ~I~~~~~~~~"~FNTAI c~uAl.I7Y ACT FINDING: That the Anaheim Ci'ty Planning Commission has raviewsd the proposal and does hereby find that the Negative Geclaration previously approved in connection with Condftlonal Use Permft No. 3855 is adequate t~ serve as the required ernlr~nmental documentation U connect(on with this request upon flnding that the dedarat~o~Y~re Net aYrve independent judgemeM af the lead agency and that ft has considered ihe previously app 9 basis of the inkiai s udy artd any commentsCeece ed that the eubl~no substantialeevldenceuthatrthe pro~e t will have a signfficant effect on the ernironment. NOW 7iiEi~EFOR~ BE IT RESOLVED that Anahelm Cfty Planning Comrt~isslon does hereby amend Resolutlon lJo. 96R-t50, adcpted In conngctlon wfth Conditlonal Use Permft No. 38;5, as follows: (~) That the amended uses shall cons(st of two lndustrlally-related sales and o~ce usas (whlch Includes the exlsting buslness: wireless communications dev(ce sales Including, but not Ilnifted to, cellular telephones, beepers~ 2-WaY radlos and fax machines, wfth servlce aft Industrialr building, Cw h~ the and parts, and auton:atNe Installatlon) In the exlsting 35,000 sq. • fdlowing waNers: (a) $~~ons 18 05.042 - Permitted tv[~e of slan. 16,05•098 (Roof slgns r hl In the ML Zone; ,gnd 18 61.067 thrQe roof slans proposed, ranging irom 540- to 1,050 sq.ft.) -2- PC97-90 ~ ~ ~b~ e~,.r~h~~ in ~ n5o.02~2 - Minimum number of oaricina sua~• 18.06.050.022 (131 soaces required; 18 ~~~21 $1 ~~ces existina and recommended by the Ciry 18 06 080 Traffic and Transportation Manage~) and 18.61.066.05Q That CondRion No. 5 fa ame;7ded to read: S. That subJect ~opes'ty shail be developAd substantially in accordance wkh plans and speciflcations s~tbm!tted to tFse City of Anaheim by the petitioner and which plans are on file with ~,eand Ri~is4sin Nom 1 o Exh bit Nos' 9, ncludi~ng compt ance~wfth Condft on No. 4 t abcve- mentienad. That tha fa~l4ov~iir~p corxfftlons are added: 10. T'uit th~ grant~n9 of the parking waNer is corrtingent upon operation of the use in conformance ~vith tha assumptions relating t~ the operation and intensity of use as contained in the parking derr~nd study that formed the basis for approval of said waiver. Exceeding, vioiating, int~nsffying or otherwise deviating from any of said assumptions, as contained in the parking domand stuciy submftted by the petitioner, shall be deemed a vidation of the expressed conditions fmposed upon said waNer wt~ich shali subject this condftional use permit to •erm~nation or modiflcation pursuant to the provisions of Sections 78.03.091 and 18.03.092 of the Anaheim Municfpal Code. 11. That final specfflc floar plans and elevation drawings (including detafls regarding exterior building materlals, flnish, and cdo~ scheme) shall be submttted to the Zoning Divlsion for Planning Commission review and approval as a'Re~;ons and Recommendations" ftem. 12. That a comprehensive sign program for the freestanding sign, roof signs and wall signs, with details and specNicatio~s shown on plans presented by the petftioner at the Planning Commiss~o~Pb~the PlanningJComynisson as a11`Reports a d Recommendat onisi ftemr review and aPP Y 13. That the proposed second industrially-related sales and oftice use shall be limfted to the fdlowing listed uses; and that an unsubordinated covenant, reviewed and approved by the Ciry Attomey's Office so-limfting said uses, shall be recorded In the Office of the Orange County Recorder; and that a copy of the recorded covenant shall be submitted to the Zoning qNision: (1) Accounting - Bookkeeping, CPA Firms or temporary CQA Firms (2) Adver4lsing (3) APP~i~rs (4) Brokers - Real Estate, Business Opportunities, etc. (5) Businoss System Companies (g) Communication Cas~sultants (7) Computer Analysis Firms (g) CredR Reporting Agen~les (g) Designe~s - Industrfal, Interior, Graphic (~p) Deveiopment Companfes (11) Facility Maintenance snd Plar~ning (12) Insurance Companies/Agencies ~- PC97-90 ~ w (13) Imentory Se-vlces {14) Leasing Cort~3anies (t5) Mana~emertf Consulta.is/Cnmpanfes (16) Marketing Research (i~ Office Supplies - f18) Personnel Agencies " (19) Printing or Reproduction S~rv(ces - (20) Quality Contrd ~nalysis (21) Secretarial and Bu~ir~~ss Servlces (22) Teiecommunications (23) Any use permitted und~r Zoning Code Sectiore 18.5 ~.020 "Permitted P~imary Uses and Structures; and sutject to all conditions of sakl Section Each indNidual use shall reqttfre the written approval of the Zoning D:vision and the City Traffic and Transportation Manager prior to occupancy; wh~ch approval shall only be gNen when it is demonstrated that such use is an expressly permitted use in sur,h zone, meets the crite~ia of Section 18.61.050.145 'Condftional Uses and Structures' c+f the Anaheim Municipal Code, and compUes wkh sakJ assumptions as aontained in the approved parking demand study. 14. That no banners or other temporary advertising devlco5 (such as fl3gs, ba~loons, etc.) si~i! be displayed on this building or on this property, which Is located in the ML (Limfted Industrial) Zone where temporary advertising devices are n~t pennitted• 15. That ;~rior to commencing operetion of tha second tenaM space, the busfness owner shall obtafn a vaiid Cfty af Anahelm business Iicense from the Business lJcense DNision of t~e Finance Department. 16. That a flnal roof sign plan showing the signs attached to a fully enclosed 4-sided area with a roof arxi a door or removabie panels shall be sulsmitted to the Zonfng DNision for reviaw and app~rn~a~ by the Plar~ning Commission as a'Reports and Recommendations" ftem. THE FQREGOING RESOLUTION was adopted at the Planning Comrnission meating of July 21, 1997. `~~G~ i l'~P~.` C~PERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~ S~t~ SECRETARY, AN EIM CITY PLANNING COMMISSION \ ,4 PC97-90 ,~ ~ STATE OF CAUFORNIA ) CQUNTY OF ORANGE ) ss• CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary ~ ad~~ e~a m~~i~g ~ ihe Anaheim~ Ctty P!anni p that the foregoing resdutbn was passed P Commisston held on July 21, 1997. by the fdlowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOI, HENNINGER, MAYER, PERAZA NOES: COMMISSIONERS: NONE qggEP1T: COMMISSIONERS: NONE A6STAINED: CaMMISSfONERS: NAPOLES IN WITNESS WFiEREOF, I have Mer~unto set my hand thts ~ day of ~1~`I ' 1997. '~ l1~ SECRETARY, A AHEIM CITY PIANNING COMMISSION -5- PC97-90