Resolution-PC 98-62RESOLUTION NO. PC98-62
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4012 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Cor.ditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
THAT PORTION OF THE SOUTH HALF OF LOT 7 OF THE GOLDEN STATE
TRACT NO. 2, AS SHOWN ON A MAP RECORDED !N BOOK 4, PAGE 68 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFOr~NIA,
DESCRIBED FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH tiALF,
BEING ON THE WESTERLY RIGHT OF WAY LINE OF CYPRESS AVENUE,
ALSO NORTH 89° 60' 00" WEST 53.00 FEET FROM THE CENTER LINE OF
SAID CYPRESS STREET; THENCE NORTH 89° 06' 00" WEST 269.53 FEET
ALONG SAID NORTH LINE; ThIENCE SOUTH 0° 00' S0" WEST 233.81 FEET
PARALLEL WITH THE EAST LINE OF SAID I.OT 7 i O THE NORTHERLY
RIGHT OF WAY LINE OF THE HOUSTON FREEWAY; 7HENCE NORTH 75°
49' 58" EqST 198,55 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE
TO AN ANGLE POINT; THENCE NORTH 44° 36' 28" EAST 99.70 FEET TO
AN INTERSECTION WITH SAID WESTERLY RIGHT OF WAY LINE OF
CYPRESS AVENUE; THENCE NORTH 3° 39' 50" EAST 110.23 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THE WEST 100 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 37, 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 conditionai use permit and to
investigate and make findings and recommendations in connection therewith; and that said public
hearing was continued to the April 13, 1998 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigalion and study made by
itself and in its behalf, and aker due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts: •
1. That the proposed use is properiy one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.61.050.135 to permit and retain a retail carpet store
in the ML (Limited Industrial) Zone.
2. That the use is hereby approved for a period af one (1) year from the date of this
resolution, unti( April 27, 1999.
3. That the use is existing and has not adversely affected the adjofning land uses
and the growth and deNelopment of the area in which it is located.
4. Thac the size and shape of the site for the proposed use is adequate to allow the
full development of the use in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare.
5. That the traffic generated by the use has not imposed an undue burden upon the
streets and highways desipned and fmproved to carry the traffic in the area.
CR3263PL.DOC -1- PC98-62
6. That granting of this conditional use permit, under the conditions imposed, will
~iot be detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anaheim.
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 QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain a retail carpet store in the ML
(Limited Industrial) Zone on a 0.61-acre parcel having frontage of 110 feet on the west side of State
College Boulevard, a maximum depth of 169 feet, and being located 350 feet south of the centerline of
Via Burton Streat (1423 North State Collsge Boulevard); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgement 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 substantiai evidence that the project will have a sig~ificant effect on the environment.
IdOW, THEREFORE, BE IT RESOLVED that the Anahsim City Planning Commission
does hereby grant subject Fetition 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
preseive the safety and general welfare of the Citizens of the City of Anaheim:
1. That the two (2) trailers located at the rear of the property shall be removed.
2. That there shali be no outdoor storage or display of materials at any time.
3. That any Special Event Permit approved in conjunction with this business shall be for banners and
additional advertising only. No outdoor sales or displays shall be permitYed in conjunction with
special events on this property.
4. That within ninety (90) days of the completion of construction of the Riverside (SR-91) Freeway
on-ramp, the on-site landscape and paricing areas shall be refurbished per Code requirements
pertaining to required landscaping and improvement of required parking areas.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway location. This property shall thereupon
be developed and maintained in conformance with said plans.
fi. That any signs (other than the existing painted wall signs) shall be submitted to the Zoning Division
for review and approval by the Planning Commission as a"Reports and Recommendations" item.
7. That subject use permit shall expire one (1) year from the date of this resolution, on April 27, 1999.
8. That the property owner shall pay the cost of City Code Enforcement inspections as often as
necessary until the subject property is brought into compliance with the conditions of this
resolution, or as deemed necessary by the Code Enforcement Division to gain and/or maintain
compliance with State and local statutes, ordinances, laws and regulations.
9. That trash storage areas shail be provided and maintained in a location acceptabls to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Such information shall be specifically shown on the plans submitted for
Public Works Department, Streets and Sanitation Division, for review and approval.
10. That a plan sheet for solid waste storage and coilection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
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11. That an on-site trash truck tum-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained ta the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said tum-araund area shall be specific~lly shown on plans
submitted for Public Works Department, Streets and Sanitaticn Division, for review and approval.
12. That tihe property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removai of trash or debris, and removai of gratfiti within twenty four (24)
hours from time of occurrence.
13. That within a period of thirty (30) days from the date of this resolution, Condition Nos. 1, 5, 9, 10
and 11, above-mentioned, shall be completed. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. That subject property shall be developed and maintained substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which pians are on file
with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
15. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval dues not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinances, regulation or requirement.
BE 1T FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and ali of the conditions hereinabove set forlh. Shouid any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvais herein contained, shali be deemed null and void.
THE FOP.EGOING RESOLUTION was adopted at the Planning Commission meeting of
April 27, 1998.
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CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF URANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciiy Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on Aprii 27, 1998, by the following vo4e of the membe~s thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEFtEOF, I have hereunto set rny hand this C~7~' day of
~, 1998. • .
5~~~~T'
SECRETARY, AHFIM CITY PLANNING COMMISSION
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