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PC 85-53RESOLUTION N0. PC85-53 A RESOLUTION OF THE ANAHEIM CITY PLANNING C~MMISSION THAT PETITION FOR CONDITIONAL UuE PERMIT N0. 2659 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a ve[ified Pekition for Corditional Use Permit from POMONA TRUCK ELECTRIC, TNC., 3204 130th N. E., Bellevue, Washington 98005, ATTN: KURT GUEHR-PRESIDENT, owner, AND LEONARD MORRIS, 4452 La Pa2 Circle, Yorba Linda, California 82686 ayent for certain real property situated in the C?ty of Ananeim, County of Orange, State of California, described as: LOT 14 OF THE EUCALYPTUS FOREST TRACT~ AS SHOWN ON A MAP RECORDED IN AOOK 5, PAGES 29 AND 30 OF MISCELI.ANEOUS MP.PS~ RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did r,oia a p~blic hearing at the Civic Center in the City of Anaheim on Febroary 20, 1985 at 1:30 p.m., notice oE said public hearing having been duly given as required by iaN and in accordance with the pruvisions of the Anaheim Municipal Code, Chapter 18.03, to heat and cor.sider evid:~ce for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and FiHERCAS, said Cot~~missiun, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and rF•ports offered at sai.d hearing, does find and determine the following facts: 1. That the orop~sed use is properly ~ne for which a conditional use permit is au~horized by Anaheim Municipal CoZe Section 18.61.050.601 to wit: to permit an automoGile anc~ truck repair facility with waiver of the following: SECTIONS 18.06.050.0212 - Minimum nunber of oarkin spaces 19.DE.05~.4~~~. (EI ::p,icc~ ceyaiced: 43 ~Faces proposedl 18.06.080, AND 18.61.066.050 Z. That the requested waiver is hereby granted on the basis that the parking variance :+ill not cause an increase in traffic cong?stion in t'~e immediate vici~ity nor adversely afiect any adjoining land uses; and tnat the gra~ting of the parking variance under th~ conditions imposed, if any, will not be detriment%al to the peace, health, safety or genetal welfare of the citizens of the City of Anaheim. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the acea in which it is proposed ko be located. 4. That the size and shape of the site proposed for the use is adeqnate to allcw the full development of the proposed use in a manner not detrimental to the particular area nor to the peacn, health, safety and general welfare ot the Citizens of the City of Anaheim. y0451t PC85-53 y~! ,.-. ~:~. 5. That the granting of the Conditional Use Permit under the conditions impused, if any, will not be detrimental to the peace, healCh, safety and genecal welfare of the Citizens of the City of Anaheim. G. That the tcaffic generated by the proposed uce will nol impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That no one indicated their pcesence at said public hearing in opposition; and that no correspondence was receive~ in opposition to the subject petition. ENVIRONMF.tdTAL IMPACT FINDING: That the Anaheim City ~lanning Commission has reviewed the proposal to permit an automobile and truck repair facility witli a waiver of minimum number of parking spaces on a cectangularly-sha~ed parcel of land consisting of approximately 132 feet on the south side of Miraloma Avenue, having a maximum depth cf ap~roximately 285 feet and being located approximately 780 feet west of the center.line of Red Gum Stceet, and furtlier described as 2880 East Miraloma Aven~e; and does hereby approve the Negative Declaration upon finding that it has considered the tdegative Declacation t~gether with any com~rents received during the public review pcocess 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 significaat effect on the euvironment. t~Ow, THERcFGRE, 6E 1'P RtsOLVEU that the Araheim City. Planning Commission does hereby grant :ubject Petition foc Conditional Use Permit, upon the following condi[ions which are hereby £ound to be a necessary prerequisite to the pcoposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. Tt~at si::ewalks shall b~ installed along Miraloma Avenue as required by the City Engineer and i~ accordance with standard plans and specifications o~: file in the Office of the City Engineer. -. T~~~'•: r:l~C .,.. ......::.Iii:~ ~;j u..uiiJif~y [~~CI(~i~~ Llle ~~~[V~IlaE~ ELdtY1C signal assessment fee shall be paid to the City of Anaheim in an amount a~ delecmined by the City Council for new commercial buildings. 3. That prior to issuance of a bu?lding permit, the owner of satject property sh:.ll pay the appropriate drainage assessnent Fees to the City of An~heim in an amount as determined by the City Engineer. 4. That the driveway shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City ~raffic Engineer. 5. ;hat dcainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That subject property ~hall be served by underground utilities. 7. That prior to commencement of structural framing, fire hydrants shall be instal.led and charged ae required and dPtecmined to be necessary by che ChieF of the Fire Department. S ';~ 'Z' FC85-53 ~5 - i ~i ~4~ - c - ~ 8. That trash st•orage areas shall be provided and maintained in accordance with approved plans on file ~ith the Street Maintenance and Sanitation Division. 9. That fire sprinklers sha11 be installed as required by the City °ire Marshall.. 10. 4'hat the existing most easterly driveway on Miraloma Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 11. That gates shall not be installed across ~ny drivew~y in a manner which may adversely affect vehicular trafric in the adjacent public streets. Installation of any gates within a di.stance of fortp (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic E~gineer. 12. That all lockable vehicular access gates shall be equipped with a "knox box° device to the satisfaction of the Chief of Police and the City Fire t4arshall. 13. That al~ air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. 14. That che proposal shall comply with all signing requirements of the bIL Zofie, unless a variance allowing si~n waivers is approved by the Planning Commission or City Council. 15. That there shall be no outdoor storage of or wock on vehicles or vehiculeir parts. 16, That prior to issuance of a building permit, the owner of subject property shall post a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim guaranteeing the removal of the existing building iocated on the northerly portion of subject property within 60 (sixty) days following i.ssuance of the certifica+~e of occupancy for t:~e proposed building. 17. •Phat ttie owner of subject property shall submit a letter requesting termination of Conditional Ose Permit No. 2050 to the Planning Department. 18. That subject property shall be developed subst~ntially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 19. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of a buildi.ng permit, or within a period of one year from the date oE this resolution, whichever occurs first, Condition Nos. 2, 3, 16 and 17, above-mentioned, shall be comp2ied with. Extensions for further time to complete said conditians may be granted in accordance with Section 18.03.090 of the Anaheim Municfpal Code. -3- PC85-53 I . _ ~. - __ 20. That prior to the commencement of the activ±ty authorized under this resolution, or final building and zoning insp~ctions whichever occurs PiLSt, Condition NUS. .l, 4, 5, 6, 8, 9, 10, 11, 12, 13, and 18 above-mentioned, shall be complied with. AE IT EORTHER RESOL'vc^A that the Anaheim City Planning Commission does hereby find and determine L'nat adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolutio~, a~d any approvals herein contained, shall be deemed null and void. THE FUREGOING P.ESOLUTION is signed an~7 apptoved by me this 20th day of February, 1985. % ~.~ /' ~ ~~, / ,%~ t.-~ ~ ~ /.~ CHAI. AN~ ANAHEIM CI Y LANNING COMMISSION ATTEST: v /~ ~ XJf%Ai(~ SECRETARY, AN)1HEIM CITY LANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) gg, CITY OF ANAHEIM ) Commission, doa hereby certify ~thatethedrforegoingh resolution iast pa sed nand adopted at a meeting of the Anaheim City Planning Commission held on February 20, 1985, by the following vate of the members thereof: AYGS: COMMISSIONGRS: BOUAS, FRY~ HERBST, KING, MC BURNEY NOES: CUT:MISP.ivlr'iBS: BUSHUHt: ABSENT: COMMISSIONERS: 7,A CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of February, 1985. ~ ~ ~^ SECRETARY, ANAHEIM CITY PLANNING COMMISSION PCE5-53 ~