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Resolution-PC 2001-166• RESOLUTION NO. PC2001-166 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4097 FOR ONE (1) YEAR TO EXPIRE ON DECEMBER 31, 2002, AND AMENDING CERTAIN CONDITIONS OF APPROVAL WHEREAS, on March 23, 1999, the Anaheim City Council adopted Resolution No. 99R-61 to grant Conditional Use Permit No. 4097 and reinstate an automotive repair facility within an existing 1,056 sq.ft. service station structure at 420 South State College Boulevard for one year; and that said resolution includes the following condition of approval: 24. That this conditional use permit is granted for a period of one (1) year to expire on December 31, 2001. WHEREAS, this property is developed with a service station converted to an automotive repair facility (C & M Automotive); that gasoline sales have been discontinued for several years, and the tanks, canopy and dispensers have been removed; and that the property is zoned CL (Commercial, Limited); and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which will expire on December 31, 2001, to retain the automotive repair facility under authority of Code Section 18.03A93 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 amendment 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 al! evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is property one for which a conditional use permit is authorized by the Zoning Code in the CL "Commercial, Limited" zone. 2. That the proposal, as conditioned herein, wil! not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3 That the size and shape of the site for the use is adequate to allow full development of the 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 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 this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Tracking No. CUP 200J-04463 CR5250PK.doc -1- PC2001-166 • • 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. 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: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4097 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 approve reinstatement of Conditional Use Permit No. 4097 for one year; and BE IT FURTHER RESOLVED that the Planning Commission does amend the conditions of approval of Resolution No. 99R-61, adopted in connection with Conditional Use Permit No. 4097, in their entirety to read as follows: That this conditional use permit shall expire one (1) year from the expiration date previously approved (December 31, 2001) on December 31, 2002. 2. That a six (6) foot high masonry block wall shall be maintained along the east property line. Minimum five (5) gallon sized clinging vines shall be maintained on maximum five (5) foot centers adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated and maintained. 3. 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 finrenty four (24) hours from time of occurrence. 4. That a minimum of six (6), twenty four inch (24") box sized, trees shall be maintained in the landscaping planter areas along and immediately adjacent to State College Boulevard and Westport Drive. 5. That all landscaped planters along the east, south and west property lines shall be maintained in compliance with City standards. 6. That public telephones shall be permitted and maintained either within the building or within fifteen (15) feet of the entry to the buiiding. 7. That vending machines shall not be permitted. 8. That window signage shall not be permitted 9. That propane tanks shall not be permitted. -2- PC2001-166 • • 10. That banners or other advertising shall not be displayed; and that special event permits shall not be issued for this automotive repair business. 11. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to review approval by the Planning Commission as a"Reports and Recommendations item." 12. That plans shall be maintained, as approved by the City Traffic and Transportation Manager, showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall be developed and maintained in conformance with said plans. 13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 14. 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 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 plants such as minimum one (1) gallon sized cfinging vines planted on maximum three (3) foot centers or tall shrubbery. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be maintained with the Public Works- Department, Streets and_ Sanitation Di.vision. 16. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 17. That no outdoor storage shall be permitted for this property. 18. That outdoor storage of, display of, or work on vehicles or vehicle parts or materials shall not be permitted. 19. 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. 20. That no freestanding sign shall be permitted. 21. That subject property shall be 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 Exhibit Nos. 1, 2 and 3, and as conditioned herein. 22. That the subject facility shall be subject to quarterly inspection by the Code Enforcement Division. The cost o€ such inspection sha(I be borne by the operator of the facility. 23. That approval of this application constitutes approval of the proposed request only to the e~ent 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 -3- PC2001-166 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2001. ~ ~~~~ CHAIRP ON, ANAHEI ITY 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 November 19, 2001, by the following vote of the members thereof: AYES: COMMISSlONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of r, 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-166