Loading...
Resolution-PC 2002-105i • RESOLUTION NO. PC2002-105 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04560 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionaf Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 1, 2, 3, 5, 6, 7, 8 AND 9, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 1, 2002 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 18.110.100.050.0505 to permit the retail sale and installation of automobile parts and accessories. 2. That the proposed use is located in Development Area 5(Commercial Area) of the Northeast Area Specific Plan No. 94-1. 3. 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. 4. 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. 5. That the traffic generated by the proposed use wil! not 9mpose a~ undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting 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. 7. 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. CR5412DM.doc -1- PC2002-105 • • 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 areas used by this business shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for Streets and Sanitation Division approval. 2. 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. 3. That all existing mature landscaping shall be maintained; that the landscaping shall not be unreasonably pruned to increase site visibility; and that if any landscaping becomes diseased or dies, it shall be immediately replaced. 4. That signage for subject facility shall be limited to the wall signage shown on the exhibits approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 5. That no banners, balloons or other outdoor advertising shall be permitted for this business. 6. That the activity authorized by this cond.itional.use_permi#.shall_be.-I.imited-to the sale-and instal4ation of accessory automotive parts; and that commercial automotive repair or maintenance work shall not be permitted. 7. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all work on vehicles (including the washing of 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 permitted outdoors. 8. That prior to commencing operation of this business, a valid business license shall be obtained from the Susiness License Division of the City of Anaheim Finance Department. 9. That four (4) foot high street address numbers shali be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Communiry Services Division, approval. 10. Tha# if required to provide eieciricai service to the property, the legal property owner shall provide the City of Anaheim with a public utility easement to be determined as electrical design is completed. Said easement shall be submitted to the city prior to connection of electrical service. 11. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 12. 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, 2, 3 and 4, and as conditioned herein. 13. That prior to commencement of activity, or prior to issuance of a buitding permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 8, 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. -2- PC2002-105 -.J ~J 14. Prior to final building and zoning inspections, Condition No. 12, above-mentioned, shall be complied with. 15. 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 incfude 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 applicanYs 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. July 1, 2002. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CH ERSON, AN E CITY PLANNING COMMISSION ATTEST: _ _. ~~lJyvts~n~~ S'ECRETARY, 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 July 1, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, SRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~J S~ day of , 2002. ~ ~~a~~ SECRETARY, ANAHEiM CITY PLANNING COMMISSION -3- PC2002-105