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Resolution-PC 2004-12! ~ RESOLUTION NO. PC2004-12 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04808 BE GRANTED 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 PER MAP RECORDED IN BOOK 111 PAGES 45 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 26, 2004 at 3:00 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 18.61.050.070 to wit: to retain an automobile audio installation facility with accessory retail sales and waiver of the following: Sections 18.06.050.020.022 - Minimum number of qarkinq spaces. 18.06.050.020.022.0222 (64 spaces required; 18.06.050.020.025.0259.02591 58 spaces existing and proposed, and concurred with by 18.06.080 the City Traffic and Transportation Manager) and 18.61.066.050 2. That the parking waiver will not, under the conditions imposed, cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to the use under the normal and reasonable foreseeable conditions of operation of the use; and that this automobile audio system installation business with accessory retail sales does not generate a parking demand typical of other retail service businesses as shown by the parking letter submitted by the petitioner which indicates that the peak on-site demand for this specific business is only four spaces which is substantially lower than the 22 spaces required by Code. 3. That the parking waiver will not, under the conditions imposed, increase the demand or competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because its parking lot has more than adequate parking to accommodate the installation facility's peak parking demand, as indicated in the parking analysis. 4. That the parking waiver will not, under the conditions imposed, increase the demand or competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the project parking lot is physically separated from other adjacent development and there is no reason to encroach into other parking facilities because the projecYs parking lot provides ample parking. 5. That the parking waiver will not, under the conditions imposed, increase traffic congestion within the off-street parking areas or lots provided for the proposed use because only 18% of the available parking spaces are anticipated to be occupied during the peak parking demand period. Cr\PC2004-012.doc -1- PC2004-12 • ~ 6. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this automobile audio system installation facility is physically separated from other private properties. 7. That the proposed use will not, under the conditions imposed, adversely affect the adjoining land uses and the growth and development of the area in which it is located because the site is surrounded by other compatible businesses and all activity occurs entirely inside the building. 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. 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 the traffic in the area. 10. That granting this conditional use permit will not, under the conditions imposed, 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 no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an automobile audio installation facility with accessory retail sales and waiver of minimum number of parking spaces on a rectangularly-shaped 0.88-acre property, having a frontage of 204 feet on the south side of Ball Road and a maximum depth of 179 feet, being located 220 feet east of the centerline of Allec Street, and further described as 618 East Ball Road (Audioland); 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: Proposed Condition No. 1 was intentionally deleted at the January 26, 2004 public hearing. 2. That the owner/petitioner shall obtain permits for the wall signs on the north and west elevations; and that the sign on the north elevation shall be reduced in size to comply with the Code requirement. Said information shall be specifically shown on plans submitted to the Zoning Division for review and approval. 3. That an additional four (4), minimum twenty four inch (24") box sized or eight (8) to ten (10) foot brown trunk height (BTH), palm trees shall be installed in the existing landscaped area along Ball Road. 4. That the northerly bay door on the west elevation shall not be used for access to the installation/storage portion of the facility because the area in front of the door is striped for required parking. 5. That 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 outdoor storage. 7. That the trash storage area shall be refurbished with installation of gates and painted to comply with approved plans on file with the Public Works Department. -2- PC2004-12 • • 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 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 dies. 10. That customer parking spaces shall be striped and clearly marked "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. 11. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 12. That no vehicle dismantling shall be permitted on the premises. 13. That no amplified sound systems shall be utilized outside the building. 14. That the hours of operation shall be limited to 10 a.m. to 7 p.m., Monday through Saturday, and 10 a.m. to 5 p.m. on Sunday. 15. That a maximum of six (6) employees (including the business owners) shall be allowed on site at any time. 16. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 17. 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 through 6, and as conditioned herein. 18. That an Emergency Listing Card, Form APD-281, shall be completed and filed with the Police Department. 19. 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 building. Absolutely no vehicle 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. 20. That the property owner shall submit a letter to the Zoning Division requesting termination of the following: Conditional Use Permit No. 2246 (permitting the retail sale of automobile parts in the ML (Limited Industrial) Zone), Conditional Use Permit No. 2858 (to retain an auto repair facility at 618 East Ball Road), and Conditional Use Permit No. 3476 (permitting the sales of motorcycles in conjunction with an existing motorcycle repair facility with waivers of minimum number of parking spaces and permitted encroachments into required yards). 21. That no special events shall be permitted. -3- PC2004-12 ~ ~ 22. That within sixty (60) days from the date of this resolution, Condition Nos. 2, 3, 5, 7, 10, 11, 16, 17, 18 and 20, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 23. 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 findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly imposed upon approval of the parking waiver by the Planning Commission, the granting of said waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express 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 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim Municipal Code. 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. THE FOREGOING RESOLUTION was adopted the Planning Commission meeting of January 26, 2004. 2n~-a,~ , r ~.~v - ;~y~,cr~ze-/1. HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION A SENIOffS*ECRETARY, ANAHEIM CITY PLANNING 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 January 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~ 2004. . ~ ~ /> „ , NI~R SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-12