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Resolution-PC 2001-133~ RESOLUTION NO. PC2001-133 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04434 BE GRANTED FOR A PERIOD OF FOUR (4) YEARS TO EXPIRE ON SEPTEMBER 10, 2005 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 LOT 2 IN BLOCK 10 OF THE GOLDEN STATE TRACT, IN THE RANCHO SAN JUAN DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2786, PAGE 260 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, (FOR THE PURPOSES OF THIS DESCRIPTION, SAID NORTHERLY LINE IS ALSO THE SOUTHERLY LINE OF ANAHEIM ROAD AS SHOWN ON SAID MAP), NORTH 74 DEG. 00' 46" EAST 4.11 FEET; THENCE SOUTH 61 DEG. 52' 32" EAST 289.00 FEET; THENCE SOUTH 61 DEG. 48' 55" EAST 290.16 FEET TO THE TRUE PINT OF ~ B€~ENNING; THE~tCE EON~INI~.ING-SO.U.T_H_61 D.~G. 48' 55." EAST 90.00 FEET; THENCE NORTH 31 DEG. 08' 18" EAST 77.73 FEET; THENCE NORTH 44 DEG. 04' 19" EAST 259.64 FEET; THENCE NORTH 45 DEG. 05' 18" EAST 17.92 FEET; THENCE NORTH 89 DEG. 45' S6" WEST 265.02 FEET; THENCE SOUTH 0 DEG. 14' 04" WEST 135.16 FEET; THENCE SOUTH 28 DEG. 11' 05" WEST 100.00 FEET TO THE SAID TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2001 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 18.61.050.502 to permit an outdoor contractor's yard. 2. Tha# 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. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal 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 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. Corrected page 3 CR5191PK.DOC -1- PC2001-133 . ~ 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. 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. 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 subject use permit shall expire four (4) years from the date of this resolution, on September 10, 2005. 2. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3862 (to permit an automobile wholesale/auction facility). That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 4. That a plan shall be submitted to the Police Department, Community Services Division, for review and approvaf showing ~hree (3) foo~ high st~eet address-numbers_ on the ~oof of the building in a _ contrasting color to the roof material. The numbers shall not be visible to adjacent streets or properties or freeways. That no outdoor display of, or work on, vehicles or asphalt tankers or vehicular parts, shall be permitted. 6. That a plan shall be submitted to the Zoning Division for review and approval showing an eight (8) foot high masonry block wall shalf be constructed and maintained along the south and southeast property lines adjacent to the SR-91 (Riverside Freeway); provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicle circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted adjacent to both sides of the block wall, on maximum five (5) foot centers. The landscaping shall be irrigated, and both the block wall and landscaping shall be maintained. Following approved, said block wall shall be constructed in accordance with said plan. 7. That a landscaping and irrigation plan for the refurbishment of the existing landscaped areas shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. Follo~riing approved, said landscaping shall be planted and maintained in accordance with said plan. 8. That the property shall be permanently 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. That no signage shall be permitted for the proposed business on this site unless such signage is first submitted to the Planning Commission for review and approval as a"Reports and Recommendations" item. -2- PC2001-133 • • 10. That prior to commencement of activity herein approved, the developer shali submit a water quality management plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictabte pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 11. 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, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 12. That the driveway on Miraloma Way shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 13. That an on-site trash truck turn around area shall be provided in accordance with 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 Streets and Sanitation Division approval. 14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Street Sweeping and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) 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 one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said irrforrrta~ion-shal~be speci#iEa41y shown on plaassubmitted for Zoning Divisioo and Streets and Sanitation Division approval. 15. 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. 16. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter fencing ~nd shall not be visible to any adjacent public right-of-way. 17. 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 No. 1, and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 6, 7, 10, 11, 12, 13, 14 and 15, 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. 19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be complied with. 20. 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with eacF~ 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. -3- PC2001-133 • ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2001. SON, ANAHEIM CITY PLANNING COMMISSION ATTEST: / SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Eleanor Fernandes, 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 September 10, 2001, by the following vote of the members thereof: AYES: COMMI.SSIONERS:_ ARNOLD, BOST_W_ICK, BOYDSTUN,_BRISTOL,. EASTMAN,. KOOS,. VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2001. il SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-133