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Resolution-PC 2004-73~ ~ RESOLUTION NO. PC2004-73 ARESOLUTION OF THE ANAHEIM CITY PLANNING GOMMISSION ' THAT PETITION FOR CONDITIONAL USEPERMIT NO. 2004-04864 BE GRANTED (2910-2940 EAST LA PALMA AVENUE - LA PALMA CORPORATE PARK) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real propertysituated in the City of Anaheim, County of Orange, State of California, described as ' PARCEL A: 'PARCEL 2, 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. PARCEL B: A NON-EXCLUSIVE BASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND VEHICULAR PARKING, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN AMENDED AND COMPLETELY RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LA PALMA BUSINESS PARK, RECORDED SEPTEMBER T, 1999, AS INSTRUMENT NO. 19990645934 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 12, 2004 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 18.60; 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 18.120.050.050.0505. 2. That the use has not adversely affected the adjoining land uses and the growth and development of the area in which it is located as all work and storage is located within the existing building. 3. That the size and shape of the site for the use is adequate to allow the full operation 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 has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the 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 indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr\PC2004-073 -1- PC2004-73 . ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: ThePlanning Director or her ~ authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA,Guidelines and is, therefore, exemptfrom the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning 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 a valid business license shall be'obtained from the City of Anaheim, Business License Division. 3. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage uses. , 4. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) - hours from time of occurrence. ' ' 5. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. _ 6. 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. 7. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 8. That there shall be no vehicle dismantling permitted on the premises. 9. That no amplified sound systems shall be utilized outside the building. 10. 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 in the front or rear yard areas, or on the roof of the building. ' 11. That no special events shall be permitted. 12. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges may result in the revocation of this entitlement. 13. That subject property shall be developed and 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 and 2, and as conditioned herein. 14. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 6, 7, and 13, 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- PC2004-73 • ~ 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with #he 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 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. THE FOREGOING RESOLUTION was adopted at the Flanning Commission meeting of July 12, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL C AIRPERSON, ANAHEIM CITY PCANNING GOMMISSION ATT T: ~ SENiOR S CRETARY, ANAHEfM CVTY PL:ANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 12, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, 0'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA VACANT: COMMISSIONERS: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2004. SENIOR SECRETARY, ANAHEIM C17Y PLANNING COMMISSION