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Resolution-PC 2003-108~ RESOLUTION NO. PC2003-108 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04721 BE GRANTED FOR 15 YEARS TO EXPIRE ON JULY 14, 2018 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: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 47, PAGE(S) 28 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALI FORN IA. WHEREAS, the City Planning Commission did hold a public hearing af the Civic Center in the City of Anaheim on July 14, 2003 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-. Tbat the pr.opos-ed use is properly one fo_ r which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.135 to wit: to permit a retail carpef and flooring business wifh waiver of the following: Sections 18.06.050.020.022.0226 - Minimum number of parkinq spaces. 18.06.080 (41 sqaces required; 37 spaces proposed, and concurred with and 18.61.066.050 by the City Traffic and Transportation Manager) 2. That the petitioner submitted a`parking letter' to substantiate the requested waiver of minimum number of parking spaces, as discussed in paragraphs (15) and (16) of the Staff Report to the Planning Commission dated July 14, 2003; and that based on the operational characteristics of this specific proposal the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the approved use than the number of such spaces necessary to accommodate all vehicles attributable to the use under the normal and reasonably foreseeable conditions of operation of such use. 3. That the waiver, under the conditions imposed, wifl not increase the demand and competition for parking spaces on the public streets in the immediate vicinity of the proposed use. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces on adjacent private property in the immediate vicinity of the proposed use. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the approved use. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. 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. 8. 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. cr\PC2003-108.doc -1- PC2003-108 ~ ~ 9. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 10. 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. 11. 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 to permit a retail carpet and flooring business with waiver of minimum number of parking spaces on a rectangular 0.97-acre parcel having a frontage of 187 feet on the west side of State College Boulevard and a maximum depth of 235 feet, being located 470 feet south of the centerline of Katella Avenue, and further described as 1841 South State College Boulevard; 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: -4. 'FFiat granting of tk~e packingwai~er_is. contingent upon operation of the approved use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the `parking letter' that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this Conditional Use Permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. That six (6), minimum twenty four (24) inch box sized, trees shall be planted in the landscaped setback adjacent to State College Boulevard; and that said trees shall be consistent with the Stadium Area Master Land Use Plan 'Plant Palette'. A landscaping plan showing the trees shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission as a'Reports and Recommendations' agenda item. Said trees shall be maintained in a live and healthy condition. That any proposed monument sign shall be decorative and complementary to the design elements of the building. Plans for a proposed monument sign shall be submitted to the Zoning Division for review and approval. Any decision by the Zoning Division may be appealed to the Planning Commission for consideration as a'Reports and Recommendations' agenda item. 4. That no outdoor sales, display or advertising shall occur unless a Special Event Permit is first obtained from the Zoning Division. 5. That no outdoor storage shall be permitted on the premises. 6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or other merchandise storage or display. 7. That four (4) foot high street address numbers shalf be displayed on the roof of the building in a color contrasting to the roof material. The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. -2- PC2003-108 ~ ~ 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. 9. That trash storage area(s) 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 including, but not limited to, painting and installing trash enclosure gates in accordance with City standards and storing trash bins inside the trash enclosure(s). Plans containing said information shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 10. 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 and 3, and as conditioned herein. 11. 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, 7 and 9, 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. 12. That prior to commencement of the activity authorized by this Resolution or prior to final building and zoning inspections, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with. 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 Feg~rEa~ions. Approual-does ~o.t in.clude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 14. That this Conditional Use Permit is granted for a period of fifteen (15) years to expire on July 14, 2018. 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. 14, 2003. THE FOREGOING RESOLUTION was adopteyi at the Planning Commission meeting of July RPERSON, ANAHEIM CITY PLANNING COMMISSION A SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2003-108 • ~ I, Pat Chandler, Senior 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 14, 2003, by the following vote of the members thereof: AYES: NOES: ABSENT: VACANCY: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: IN WITNESS WHE ~i , 2003. BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT NONE NONE TWO POSITIONS .~ REOF, I have hereunto set my hand this ~-- day of ~ ..,r SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-108