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Resolution-PC 98-23RESOLUTION NO. PC98-23 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3965 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petilion for Conditionai Use Permit for cerlain real property situated in the City of 0,~~~heim, County of Orange, State of Califomia, described as: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTF_R OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHC- SAN JUAN CAJON THE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10, OF MISCELLAP~EOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 458 FEET THEREOF. ALSO EXCEPTING THEREFROUI THE WEST 4.00 FEET OF THAT PORTION THEREOF LYING NORTHERLY OF THE NORTH LINE OF THE SOUTH 10 ACRES OF SAID EAST HALF. ALSO EXCEPTING THEREFROM THE EASTERLY 60 FEET THEREOF LYING WITHIN THE f21GHT OF WAY FOR HARBOR BOULEVARD. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN AS PARCEL 1, ON A MAP FILED IN BOOK 30, PAGE 41 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in the City of Anaheim on February 18, 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 Cod~, 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 inspection, investigation and study made by itself and in its behalf, 2nd after due consideralion of all evidence and reports offered at said hearing, does find and delermine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorizr,d by Anaheim Municipal ~ode Section 18.48.070.050.0504 to retain a car rental agency with on-site storage and/or parking of rental cars as an accessory use to, and in conJunction with, an existing hotel and with waiver of the followirg: Sections 18.06.020.0241 - Minimum number of aarkina spaces. 18.05.080 1( .112 required; 766 existing and proposed) and 18.48.110.120 CR3189PL.DOC -1- PC98-23 2. That the paricing waiver, under the conditions imposed, wil: not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use based on the information contained in the Parking Demand Study prepared by Daniel Benson and Associates dated November 7, 1997 and reviewed and approved by the City's Traffic and Transportation Manager; 3. That the waiver, under the conditia~s imposed, will not increase the damand a~d competition for parking spaces upon the public streels in the immediate vicinity of the proposed use; 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance vvith Section 18.06.010.020 of this Code); 5. That the waiver, under the conditions impcsed, will not increase traffic co~igeslion within the off-street parking areas or lots provided for such use; 6. That the waiver, under the conditions imposed, will not impede vehicular ingress [o or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use; 7. That the proposed car rental agency with on-site storage and/or parking of rentai cars is a proper use for which a cnditional ue prmit is authorized by the Zoning Code in ihe Anaheim Resort; 8. That the proposed use, under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that it will provide a convenier~t and desirable service to hotel guests and visitors in the Anaheim Resort; 9. That the size and shape of the site for the proposed use is adequate to allow full development of the proposed use in a manner not detrimental to the parlicular area nor to the peace, health, safety and general welfare; 1G. That the traffic generaled by the proposed use, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 11. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, heallh, sa(ety and general welfare of the citizens of the City of Anaheim; and 12. 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 QUALITY ACT FINDING: Thal the Anaheim Cily Planning Commission has reviewed ihe proposal to retain a car rental agency with on-site storage and/or parking of rentat cars as an accessory use to, and in conjunction wilh, an existing hotel and with waiver of minimum number of parking spaces on a 11.09 acre property located at the noAhwesl corner o( Convention Way and Harbor Boulevard; and does hereby approve the Negative Declaration upon finding thal the declaration reflects the independenl judgement of the lead agency and that it has considered the Negative Deciaration together with any comments received during the public review process and further finding on the basis of the inilial study and any comments received that there is no substanlial evidence that the project will have a significant effect on the environmenl. -2- PC98-23 NOW, "fHEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Us? 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 rental vehicles shall not be parked and/or stored in any pa~king space located within the required twenty-six (26) foot setback immediately adjacent to Harbor Boulevard. 2. That identification of parking stalis reserved for the car rental agency shall consist of a maximum twen4y-four inch (24") wide by thirty-six inch (36") long stenciled numbers painted on the asahalt in each reserved stall. 3. That, with the exception of limited vacuuming of vehicles complying with Condition No. 4 of this resolution, there shall be no on-site maintenance or servicing of rental cars, including, but not limited to, fueiing, washing, detailing or repairs. 4. That prior to any on-site vacuuming of any rentai car fiacility vehicle, ihe petitioner shall submit the following information to the Planning Department for review and approval by staff: (a) A site plan, approved by the property owner, showing where rental cars shall be vacuumed (the location shall not be adjacent to any noise sensitive land use and vehicies parked in the "resenied" car rental facility parking spaces along the north property line shs;l noi be vacuumed); and (b) A letter specifying the number of vehicies io be vacuumed each day and ihe hours that vacuuming shall occur. The letter shall a~so specify the type of vacuum cleaner that will be used and describe the levei of noise associated with said vacuum cleaner. 5. (a} That wiihin a period of thirty (30) days from the date of this resolution, the petitioner shall submit a pian to the City Trafflc and Transportation Manager for r2view and approval showing modification to the internal circulation for on-site bus traffic closest to the most southerly driveway fln Harbor Boulevard; and (b) That within a period of sixty (60) days from the date of the City Traffic and Transportation Manager's approval, the improved bus turn-out shall be implessiented. 6. That within a period of ihirty (30) days from the date of this resolution, ihe petitioner shall remove ali illegal signs (such as the metal plaques on poies identifying Alamo "reserved" stalis and neon window signage). 7. That there shall be no advertising displayed on, or inside any rental vehicle, which is parked or stored on the property. 8. That subject property shall be developed substantially in accordance with plans and specifications submitted by the petitioner and on file with the Planning DepartmEnt marked Exhibit Nos. 1 through 3, and as conditioned herein. 9. That eight (8) reserved rental car parking spaces shall be permitted adjacent to the hotel building. These spaces include five (5) existing reserved spaces. That the two (2) existing handicapped spaces shall be replaced with three (3} new reserved spaces. The two (2) handicapped spaces shall be relocated to the south side of the lobby adjacent to the building. These spaces s?~all bs restriped to the satisfaction of ihe City Traffic and Transportation Manager within thirty (30) days from the date of this resolution.. _3. PC98-23 10. That one (1) vehicle (van) displaying the car rental agency's name shall be permitted to park on- site in either. (a) One of the eigh± (8) resenred car rental facility parking spaces adjacent to the building; or (b) One of the designated car rental reserved parking spaces along ihe north property line. 11. That approv2l of this application constitutes approval of the proposed request only to the extent that it ~omplies with the Anaheim Municipal Zoning Code and any other appiicable City, State and Federal regulations. Approvai does n~t include any action or findings as to complianr,e or approval of the req~~est regarding any other applicable ordinance, regulation or requl~ ement. BE IT FURTHEF2 RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicar~Ys compiiance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceabie by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 18, 1998. ~~ ~ ~ ? ~~~--r ~ ~ _~ CHAIRMAN ANA ~fM CITY PLANNING CO MISSION ATTEST: Ca~~+~GC~ SECR ARY, AHEIM CITY PLANNING COMMISSIO(~ S7ATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Soiorio, Secretary of the Anaheim City Plannirig Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 18, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNiNGER, NAPOLES, PERAZA NOES: CJMMISSIO~ERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT IN WI7NESS WHEREOF, I have hereunto set my hand this ~~ day of ~/~~~ 1998. ~~~ SECRE7ARY, AHEIM CI7Y PLANNING COMMISSION -4- PC98-23