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2001-255RESOLUTION NO. 2001R-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04386, IN PART, TO EXPIRE OCTOBER 2, 2004. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an automotive repair facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOTS 1 AND 2 IN BLOCK "~' OF TRACT 158, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 12, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 5.25 FEET OF SAID LOTS, CONVEYED TO THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION, BY DEED RECORDED DECEMBER 2, 1937, IN BOOK 918, PAGE 290 OF OFFICIAL RECORDS; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2001-95 denying Conditional Use Permit No. 2001-04386; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2001-04386 be, and the same is hereby, granted, in part, permitting an automotive repair facility on the hereinabove described real property, subject to the following conditions: 1. That this conditional use permit for an auto repair facility shall expire in three (3) years from the date of this resolution. 2. That window signage shall not be permitted. 3. That no banners or other advertising shall be displayed and that no special event permits shall be issued for this business. 4. That wall signage for subject facility shall be limited to that which is shown on Exhibit No. 1. Final wall signs shall be reviewed and approved by Zoning Division staff. Any additional signage shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 5. That prior to the operation of these businesses, a valid business license shall be obtained from the City of Anaheim, Business License Division. 6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 7. That trash storage areas shall be provided and maintained in a 2 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 be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 8. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 9. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 11. That a minimum of eleven (11), 24-inch box sized trees, shall be planted in the existing landscape planters with appropriate irrigation facilities along the north and west property lines. Existing planters shall be refurbished with new plant materials consisting of shrubs and ground cover. Said information shall be specifically shown on plans submitted for building permits. 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 13. That gates shall not be installed across any driveway or in a manner which may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 14. That a six (6)-foot high masonry block wall shall be constructed along the east property line. Minimum 1-gallon clinging vines to eliminate graffiti opportunities shall be planted on maximum 5-foot centers, irrigated and maintained, adjacent to said wall. Said information shall be specifically shown on plans submitted for building permits. 15. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed outside of the building or in parking areas. 16. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings. Said information shall be specifically shown on plans submitted for building permits. 17. That lighting for this facility shall be designed and positioned in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets and/or properties. Said information shall be specifically shown on plans submitted for building permits. 18. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 19. That there shall be no outdoor storage in any required parking area. 20. That the hours of operation for the automobile repair facility shall be limited from 8 a.m. to 5 p.m. Monday through Saturday with customer car pick-up permitted until 6 p.m. 21. That there shall be a minimum of seven (7) on-site parking spaces available for customers at all times. 22. 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 plans are on file with the Planning Department marked Revision 1 of Exhibit No. 1 (site and floor plan) and Exhibit N0.2 (elevation photographs) and as conditioned herein. 23. That within six (6) months from the date this resolution, Condition Nos. 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18 and 22 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with 4 Section 18.03,090 of the Anaheim Municipal Code. 24. 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 does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable 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 is approved and adopted by the City Council of the City of Anahe'~y 2nd ay of October, 2001. ATTEST: 42143.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-255 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of October, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None CITY C~~THE CITY OF ANAHEIM (SEAL)