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Resolution-PC 2000-126• RESOLUTION NO. PC2000-126 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04278 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: ' THAT PORTION OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SHOWN AS PARCEL 3 ON A MAP RECORDED IN BOOK 57 PAGE 28 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2000 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 inspection, investigation 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 Section 18.61.050.070 to retain the installation and repair of stereos, alarms and window tinting within an existing industrial complex. 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. 3. That the size and shape of the site for the proposed 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. 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. 5. That granting of this conditi'onal 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. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. CR4938K.doc -1- PC2000-126 ~~ ~ 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: That the trash storage area(s) used by this business shall be refurbished (including the installation of gates) to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 2. That the property shall be permanent~y maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 3. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 4. That signage for subject facility shall be limited to existing wall signage. Any additional signs shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 5. That no banners or other outdoor advertising shall be permitted for this business. 6. That the activity authorized by this permit shall be limited to the installation and repair of stereos, alarms and related accessories, and window tinting; and that commercial automotive repair or maintenance work shall not be permitted. That the storage or overnight parking of vehicles, vehicle parts or business-related materials, and all work on vehicles (including washing vehicles) shall be confined entirely to the interior of the buildings. Absolutely no vehicular work, painting or other business-related activities, storage or display of vehicles, vehicle parts or materials shall be allowed outdoors. 8. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the Finance Department. 9. That three (3) foot high street address numbers shall be displayed on the roof in a color contrasting to the roof material. The numbers shall not be visible to the street or adjacent properties. 10. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permiti Nos. 2842 (to permit a sandwich shop with off-sale beer and wine at 2378 East Orangethorpe Avenue) and 3459 (to permit a motorcycle repair shop with parts sales at 2382 East Orangethorpe Avenue). 11. That subject property shall be developed 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. 12. That within a period of two (2) months from the date of this resolution Condition Nos. 1, 9 and 10, 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. 13. 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 r~ot include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- PC2000-126 ~ ~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 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 approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 6, 2000. ~ CHAIRPERSON, ANAHEI 'fY PLANNING C ATTEST: ~ SECR ARY, A AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary 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 November 6, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2000. ~~~~u(1" SECR TARY, AHEIM CITY PLANNING COMMISSION -3- PC2000-126