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Resolution-PC 2001-146~ RESOLUTION NO. PC2001-146 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04443 BE GRANTED FOR TEN (10) YEARS TO EXPIRE ON OCTOBER 8, 2011 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: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SOUTH STREET, AS CONVEYED TO THE CITY OF ANAHEIM BY DEED DATED SEPTEMBER 13, 1911 AND RECORDED IN BOOK 2190, PAGE 6 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DISTANT THEREON 877 FEET EASTERLY FROM THE EASTERLY LINE OF ORANGE STREET AND RUNNING THENCE EASTERLY ALONG SAID SOUTHERLY LINE 1223 FEET, THENCE SOUTH 15'/z DEGREES EAST PARALLEL TO SAID EASTERLY LINE OF ORANGE STREET, 300 FEET; THENCE SOUTH 74'/2 DEGREES WEST, PARALLEL TO SAID SOUTHERLY LINE OF SOUTH STREET, 122 FEET; THENCE NORTH 15'/z DEGREES WEST, PARALLEL WITH SAID EAST LINE OF ORANGE STREET, 300 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 8, 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 that the hearing was continued from the September 24, 2001 Commission meeting; 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 Sections 18.56.030.010 and 18.61.050.070 to permit an automotive repair facility in a vacant industrial building. 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 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 propased use wiil 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. 6. That no one indic~ted their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an auto repair facility in an existing vacant CR5212PK.doc -1- PC2001-146 ~ • industrial building on an irregularly-shaped 0.86-acre property having a frontage of 122 feet on the south side of South Street and a maximum depth of 308 feet, being located 155 feet west of the centerline of East Street, and further described as 1028 East South Street; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment 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 substantial evidence that the project will have a significant effect on the environment. 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 window signage shall not be permitted. 2. That no banners or other advertising shall be displayed; and that no special event permits shall be issued for this business. 3. That the legal owner of the subject property shall provide the City of Anaheim with a pubic utilities easement to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 4. That signage for the subject facility shall be limited to one (1) wall sign on the building elevation facing South Street. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 5. That prior to commencing operation of the business, 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 or used for storage or other outdoor uses. 7. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said trash enclosure(s) shall be roofed to prevent entry of storm water. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 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 the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 10. 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 the plans submitted for Streets and Sanitation Division approval. 11. That plans shall be submitted to the City Tra~c 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. -2- PC2001-146 • • 12. That the driveway on South Street shall be reconstructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted to the City Traffic and Transportation Manager for review and approval. 13. 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. 14. 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 the building or in the parking areas. 15. 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 the plans submitted for Zoning Division approval. 16. That any lighting fixtures on the east side of the building shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. Said information shall be specified on the plans submitted for building permits. 17. That three (3) foot high street address numbers shall be displayed on #he roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or properties. Said information shall be specifically shown on the plans submitted for building permits, and for Police Department, Community Services Division, approval. 18. That the hours of operation shall be limited to: Mondays through Fridays: 8 a.m. to 5:30 p.m. Saturdays: 9 a.m. to 1 p.m. 19. That minimum one (1) gallon clinging vines shall be planted and maintained, including irrigation, on maximum three (3) foot centers along the east property line adjacent to the west side of the east property line wall. Said information shall be specifically shown on the plans submitted for building permits. 20. That no vehicle sales or dismantling shall be permitted on the premises. 21. That this conditional use shall be continually operated in compliance with Chapter 6.70 of the Anaheim Municipal Code pertaining to sound pressure levels. 22. That subject property shall be developed and maintained substantially in accordance with plans and specifcations submitted to the City of Anaheirn by the petitioner and which pians are on fiie with the Planning Department marked Exhibit No.1, and as conditioned herein. 23. 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. 3, 7, 8, 9, 10, 11, 12, 15, 16, 17 and 19, 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. -3- PC2001-146 ~ ~ 24. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 5, 22 and 27, above-mentioned, shall be complied with. 25. 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 ~ndings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 26. That this permit shall expire in ten (10) years from the date of this resolution, on October 8, 2011. 27. That any air compressing equipment shall be enclosed within an acoustical enclosure, including sound absorbing materials, in compliance with Chapter 6.70 (sound pressure levels) of the Anaheim Municipal Code. 28. That during the hours of operation, finro (2) of the overhead doors facing east shall remain closed at all times; and two (2) of the overhead doors may remain open with one (1) of the open doors being the southernmost door. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such candition, 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 October 8, 2001. ~ ATTEST: ERSON, ANAHEIM CITY PLANNING COMMISSION \~ SECRETARY, ANAHEI 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 October 8, 2001, by the following vote of the members thereof: AYES: COMMISSiONERS: ARNOLD, ~OSTWICK, 80YDSTUN, BRISTOL, EASTMAN, KOOS, VAtVDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of nvemd~r.~ , 2001. ~L ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-146