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Resolution-PC 2004-7~ ~ RESOLUTION NO. PC2004-7 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04815 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: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH HALF OF THE SOUTH HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF STANTON, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 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 18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 18.44.050.085 to wit: to permit and construct a new automobile glass, stereo and alarm sales and installation building in conjunction with an existing automotive recycling business. 2. 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. 3. 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. 4. That the proposed business, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because other commercial businesses surround this site. 5. That the size and shape of the site for the proposed automobile glass, stereo and alarm sales and installation business in conjunction with the existing automotive recycling business (Pick-Your- Part) is adequate to allow full development of the proposal in a manner not detrimental to the surrounding area's peace, health, safety and general welfare. cr\PC2004-007.doc -1- PC2004-7 ~ ~ 6. That a letter dated January 12, 2004 was received from the City of Stanton supporting the proposal based on the underlying Pick-Your-Part property being located in both the City of Stanton and the City of Anaheim, and that additional sales tax revenues generated by the proposal will be subject to Section V Sales Tax Split; Guarantee of Amendment No. 1 to Development Agreement No. 93-01 between Pick-Your-Part and the City of Stanton, as it may be amended to reflect new on-site uses. 7. 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: 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. 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 no window signage shall be permitted. 2. That the petitioner shall submit a final sign plan to Zoning Division staff for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Pianning Commission as a'Reports and Recommendations' item. Said information shall be specifically shown on the plans submitted for building permits. 3. That prior to commencing operation of this business, a valid business license shall be obtained from the City Business License Division. 4. That no required parking area shall be fenced or otherwise enclosed or used for outdoor storage. 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with the approved plans. 6. That requests for special event permits authorized under Section 18.02.055 (Special Event Permits- General) of the Anaheim Municipal Code shall be limited to a maximum of four (4) special events per year for the entire site. 7. 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. 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. That customer parking spaces shall be striped and clearly marked "customer parking only"; and that at no time shall customer vehicles be stacked, double parked or left standing in tandem in front of, or adjacent to, the buildings. 10. That the legal property owner shall provide the City of Anaheim with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City prior to connection of electrical service. -2- PC2004-7 . • 11. That the water backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alieys. Said information shall be specifically shown on plans submitted to and approved by the Water Engineering Division and Cross Connection Inspector before submittal for building permits. 12. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shail be installed and comply with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 13. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 14. That any required relocation of City electrical facilities shall be at the developer's expense. 15. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") in order to minimize the introduction of pollutants to the storm water drainage system. 16. That four (4) foot high address numbers shall be displayed on the roof of the building 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. 17. That no vehicle dismantling shall be permitted on the premises. 18. That no amplified sound systems shall be utilized outside the building. 19. That the hours of operation shall be limited to 7 a.m. to 6 p.m. daily. 20. 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 the plans submitted for building permits. 21. Proposed Condition No. 21 was intentionally deleted at the January 12, 2004 public hearing. 22. 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. 23. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. Following approval by the City Engineer, a Certificate of Compliance or Conditional Certificate of Compliance shall be recorded in the Office of the Orange County Recorder. 24. That an amount to mitigate sewer impacts in the Combined West Anaheim Zone A Area shall be paid. The estimated cost to mitigate the impact is forty one dollars ($41) per one thousand (1,000) square feet of commercial development. -3- PC2004-7 • • 25. That a Burglary/Robbery Alarm permit application, Form APD-516, shail be completed and filed with the Police Department. 26. That an Emergency Listing Card, Form APD-281, shall be completed and filed with the Police Department. 27. That any 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 body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be permitted in the front or rear yard areas of the subject property, or on the roof of the buildings. 28. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 3978 (to construct a 2-story, 3,460 square foot building for automobile glass, stereo and alarm sales and installation, and a walk-up restaurant with 200 square feet of outdoor dining). 29. That prior to issuance of a building permit or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 5, 10, 11, 12, 13, 15, 16, 20, 23, 24, 25, 26, 28 and 32, herein-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. 30. That prior to final building and zoning inspections, Condition Nos. 3 and 22, above mentioned, shall be complied with. 31. 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. 32. That a plan shall be submitted to the Zoning Division for review and approval showing that the landscaping in the parking lot shall be refurbished; and that the approved landscaping shall be planted within thirty (30) days from the date the landscaping plan is approved. 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 adopt d at the Planning Commission meeting of January 12, 2004. ~~ ~~ ~ ~ ~ RPERSON, ANAHEIM CITY PLANf~NG COMMISSION A' ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -4- PC2004-7 • ~ 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 12, 2004, by the foliowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this _~~~_ day of , 2004. ~ ~ / ~/, ~/1. . IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004-7