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Resolution-PC 98-194RESOLUTION NO. PC98-184 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4081 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 1: ALL THAT PORTION OF TIiE SOUTHEAST QUARETER OF THE SOUTHEAS7 QUARTAER OF SECTION 34, IN TOWNSHIP 3 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 31, PAGE 7, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SOUTHEAST QUARTER WHICH IS DISTANT THEREON 192 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SIAD SECTION 34, AND RUNNING THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 200 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTAER, 75 FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAId SOUTHEAST QUARTAER165 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTEF2, 197 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE C~F SAID SOUTHEAST QUARTER, 365 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE 272 FEET TO THE POINT OF BEGINNING. WHEREAS, ihe City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 7, 1998 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 inspeclion, inves:igation 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 properly one for which a conditional use permit is authorized by Anaheim Municipal Code 18.61.050.145 to permit a commercial schooi supply, showroom and warehouse business in a 23,560 sq.ft. building in the ML (Limited Industrial) Zone. 2. 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 the existing building is large enough to support the proposed school supply, showroom and warehouse use. 3. That the size and shape ~f the site for the proposed use fs adequate to allow the full development of the proposal in a manner not detrimental to the particular ~3rea noi to the peace, health, safety and generai welfare. cr3496pk.doc -1- PC98-194 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the tra~c ~enerated by this use will not exceed any permitted uses allowed in the underlying ML Zone. 5. That granting of ttiis oonditional use permit, under the conditions imposed, will r~ot be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at said public Fiearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRO(JMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a commercial school supply, showroom and warehouse business in a 23,580 sq.ft. building in the ML (Limited Industrial) Zone on a irregularly-shaped, 1.67-acre property having a frontage of 270 feet on the north side of Orangethorpe Avenue, a maximum depth of 312 feet and being located 193 ~eEt west of the centerline of Raymond Avenue (1025 East Orangethorpe Avenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the in~ependentjudgment 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 signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shali be subJect to review and approval by the Planning Commission as a"Reports and Recommendations" item. 2. That the existing non-conforming pole sign shall be removed. A new freestanding sign, not to exceed eight (8) feet in height may be submitted in compliance with Code requirements for review and approval by thz Zoning Division. Said sign shal! also be reviewed by the C(ty Traffic and Transportation Manager to verify adequate lines-of-sight. 3. That the numerical street address sha~l be provided on the roof of the building in contrasting colors and in a manner not visible to the street, to the satisfaction of the Anaheim Police Dapartment. 4. That this use shall be limited to that which was stipulated to by the petitioner in the letter of operation and letter of intention attached to Item No. 9 of the Staff Report to the Planning Commission dated December 7, 1998, and on file with the Planning Department. 5. That all landscaped planters surrounding the building shall be refurbished and maintained in an aesthetically pleasing, weed and disease free manner. 6. That there shall be no outdoor sales/displays or storage of materials or equipment. 7. That there shall be no roo~ mounted equipment. 8. That there shall be no window signs. 9. That outdoor displays, sidewalk saies, and parking lot displays are not permitted, and that no special event p~rmits shall be issued for this ML-zoned property. -2- PC98-194 10. That the property shall be permanently maintained in an orderly fashion by providing regular Iandscape maintenance, removal of trash or debris, and removal of yraffiti within twenty four (24) hours from time of occurrence. 11. That plans shall be submitted to the City Traffic and Transportatio~ Manager for review and apprcval in conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. Subject property sh311 thereupon be developed and maintained in conformance with said plans (no overhang is permitted). 12. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detaii No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Saniiation Division. Said tum-around area shall be specifically shown on plans submitted for buiiding permits. 13. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to b~ readily identifiable from adjacent streets or highways. The walls of lhe storage areas shall be protected from graffiti opportunities by the use a~ plant material~ such as clinging vines or talE shrubbery. Said information shail be specifically shown on the plans submitted for Streets and Sanitation Division approval. 14. That a plan sheet for solid waste slorage and collection and a pian for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 15. 'That this property shall be served with underground utilities in accordance with the electrical rates, rules, and regulations (most current fees apply) and the City of Anaheim underground policy. Fees shall be payable to Electrical Engineering as determined by rates, rules and regulations. 16. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined when electrical design is cornpleted. Said easement shall be submitted to the City of Anaheim prior to commencement of the activity. 17. That prior to commencing operation of this business, a valid business license shall be obtained from the City Business License Division. 18. The subject property shall be deveioped 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. 19. Thak prior to the issuance of a building permit or within a period of one (1) year from the dato of this resolution, whichever occurs first, Condition Nos. 2, 11, 12, 13, 14 and 16, 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. Further, if an extensfon of time is requested for the alcohal saies portion of this request, it shall be considered at a noticed public hearing. 20. That prior to the commencement of activity authorized by this resolution, Conditions Nos. 3, 5, 15, 17 and 18, as above-mentioned, shall be complied with. 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any aclion or findinc~s as to compliance or approvai of the request regarding any other ordinance, regulation or requirement. -3- PC98-194 BE IT FURTHER RESOLVED that the Anaheim City Plan-~ing Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance with each and ail of the conditfons hereinabove set forlh. Should any such condition, or any p2rt thereof, be deciared invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null nd void. THE FOREGOING RESOLUTION w' o te ~ at e anning Commission meeting of Decenb2r 7, 1998. ~~ ~ CHAIR ON, H IM CITY PLANNING CO~AMISSION ATTEST: ~ sldo.~.o--~ SECRETARY, ANAHEIM CITY PLAN~!!NG COA1MISSION S7ATE OF CALIFORNIA ) _ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretarv of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 7, 1998, by the following vote of the members 4hereof: AYES: COMMISSICNEF2S: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN ~NITNESS WHEREOF, I have hereunto set my hand this ~. day of ~~-•~~ , 1998. _ ~~~ F.~--.,.-u.--~-~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC96-194