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Resolution-PC 93-132RESpLIJTION NO, PC93-132 ~ ~ A RESOLUTION OF THE ANAHEIM CITY PLANNINO COMMISSION 7HAT PETITION FOR CONDITIONAL USE PERMIT NO. 3648 6E GRANTED WHEREAS, the Anaheim City Plarn~inQ Commission did recelve a verifled Petition for ` Conditional Uso Per;nit for cortain real property situated fn the City af AnAhoim, County of Orange, State ~ oi Calif~rnta, described as: PARCEL 1: LOTS 13 AND 14 IN BLOCK "B" OF TRACT N0. 143 WILKE ADDITION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNiA, AS SHOWN ON A MAP RECORDED IN BOOK 11 PACE 3g OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA. ; EXCEPT THE EaS7ERLY 5,25 FEET. PARCEL 2: LOT 15 IN BLOCK 'B" ~F TRACT NO. 143, WILKE ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 11 PAGE 38 OF MISCELLANEOUS MAPS, AECORDS OF ORAWGE CJUNTY, CALIFORNIA. EY.CEPT THE INTEREST OF THE CITY OF ANAHEIM IN THE EASTERI.Y 525 FEET AS DESCRIBED IN DEED RECORDED IN BOOK 913 PAGE 443, OFFICIAL RECORnS. WHFRE~IS, tlie City Planning Cummisgion dld hold a public hearing at the Civic Center in the City of Anaheim on December 1, 1~93 et 1:30 p.m., notico of sald public hearing having been duly gEven as reautrod by law and in accordance wfth the provfsiona of the Anaheim Municloal CodA, Chepter t8.03, to hear and consfder evidence for and apafnst said proposed conditfonal uae permit and to investlgate end make iindings and recommendations In connection thorewith; end WHEREAS, satd Commfssion, atter dus Inspectlon, irnestigatlon and study made by itself and in its behalf, and aher duo conslderation of all evidence and reports oNered at seid hearing, does flnd and determfne the tollowing facts: t. That the proposed use is properly one to~ which a condkfonal use permit is authorized by Anahofm Municipal Codo Sectfon 18.45.050.Q85 to permit an eutomotive tire seles and Instellation tacflity with waiver of the tollowin~: sar,~(ons 18.06.~50.0?2 - .~d1fllrt~~m number of ~arkin~~8fl. t8 06.050.0222 (~ requfred by Code; ,~,g.08.080 ,yQ requlred by perkinq study) ~~d. t e d.5,0~.050 ,Z$ propos~d) 2. That the parkinQ v~riance (analyzed in e letter of operatlons and ~ustitfcatlon, and approved by tho Cfty TraNic and Tranaportation Manager ras to edequecy) wlli not cause an Increase In treHic cangeatfon in the Immediate viciniry nor edversely aNect arry ad~olnir~y land uaos; 3. That the granting of the perking varlance under the condftfons imposed will not be det~imentel to the peace, health, satety or pone~l welfsre of the c(tizena ol th~ Cfty af A~ahefm; 4. That the propo~ed use is properly one icr whlch a conditionai use permft is a~dhorized by the Zonfng Code; CR t960MS.WP -t • PC93-t32 i ;~,, '~~ ~ ~ ~ ~ F ;~ 5. That the proposed use will not adversely affect tho adjoming iand uses and the growth and d to be located bocausQ ft ls similar to other usos in the f development of the areb in which it is propose immediate vicinity and in the same zone as the subJect property; I4 , ;t 6. That the size and shape of tho site for the proposad use is adequAto to allow the full nat d^lTimental to the partfcular area nor to tho peace, ~ ~ development of the proposed use fn a manner health, saiaty and general welfare; ; ~ 7. That the traffic generated by the proposed use wlll not Impose an undue burden on the ~ streeta and highways designed and improved to carry the trraffic in the area; k e. That the granting ot the condltlonal use permit under the conditlons Imposed wili not ba enoral welfare of the citizens of the City of Aneheim; and and f l h f fl ety , sa t detrimental to the peace, hoA ~ 9. That no one Indicated thoir presence at said publlc hearing fn oppositfon; and that no i correspondence wes recelved in opposition to tho subJect petition. ~ ~A ~~`!~non~~~e~~~TAL uA ITY ACT FINDING: 7hat the Anaheim City Plannin~ j CALIFO~ Commission has revlewed the proposel to permit an sutomntive tire salea anci installation facility with s on a rectangulariy-sheped parcei o( land consisting of i ~ ng space waiver of minimum number of park approximatety 0.24 acres loceted at the northwest corner oi La Verne Street and Anaheim Boulevard, t having approximate irontages of 103 feet on the north side o( La Vbrne Street and 150 ieet ~n the wes and turther described as 909 North AnahAim Boulevard; and does hereby ide of Anahalm Bauleverd , s approve the Negative Declaration upon ffnding that the declaretion reflects the independent ~udqement of ative Declaratlon toflether with any comments received d the Ne id g ere the tead agency and that It has cons during the public review proceas snd turth~r iinding on the basis of tho Initl~l study and any c~mmenta that the ~+ro~oct will havo a significant eHect on the fd l ; enco ev r~ceived that there Is no substantia environment. i NOW, 7HEREFORE, BE IT RESOLVED that the Anahelm City Planning Commissfon does bject Petition for Conditionai Use Permit, upon the tollowing conditions whl,h are hereby t su hereby gran taund to be a necessary prerequlsite to the proposecl use ~f the subJect property in order to preserve the ,I safety and general weliare of the Citizens of the Cky oi Anahefm; j 1. That ell buslness actNities, tnctuding temporary atorage ot used or discarded tfres, shall be conducted I ~ wholiy fnside the building. i That ali windows lor,ated on the west side (rear) of the buliding shail remaln closad during buslness 2 ! , hours and the west•facing uverhoad door shall be permanentiy sealed. i 3. That pians shall be submitted to the Cfry Treff(c and Transportation Manager ior his rAView snd visl~ns of Engineer(ng Standard Plan Nos. 436 and t l h re at~s e approval showing coniomrtence wfth t 802 pertaining to parking atandards end drh-eway locations. Subject property shall thereupon ba devotoped end mafntelned In contormance with said plans. That the storaqe of materlals Inside the build(ng shal{ not exceed afx (6) teet in hei~ht unless e tire 4 . sprinkler system la Installed to the satistaction of the Fire Department. 5. That treah storage aroas shall be provided ancl mefntainoc! in a locatlon acceptabte to the Department of Meintenance and In eccor~ancA with approved plans on file with aafd Departrnent. Such ~' In}ormatlon shall be specHicaliy shown on the plans subm(ttod far bulldtng po~mits. ~ That a ptan sheet tor solid waste starape and calectian, and a ptan (or recycling shall bc submitted 6 ~ . to ths Departmertt of Meintenenco for revlew and a~+provaL j, ,2. PC93-132 ';: ~ •~~~,,~k ~ I~ 7, That no banners or other advertisfng sh~ll be displayed withln the service bays facing the public ~ rights•ot•way untess a speciat events permft Is ilrst obtalned. 8. 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 ~re on file with the Plannfng Oepartment m~rked Exh(bk Nos. 1 and 2. ~ 9. That a detalled lendscape plan showing a fully IniQated minimum fivo (5) foot widA landscape erea along Anaheim 8oulevard shall be submitt9d ta the Pianning Department for reviow and approval. Seid landsceping and inigatfon facliftlea shall be Instailed prior to commencemeni of the business herein approved a~d shatl thereaker be permanently maintained 10. Th~t the parking lot shall be re•striped before commencement of subject business, In a manner and ~ design approved by the Clty TraHia and Tran~porcatfon Manager. ! t t. That subject businoss shall be Ifmfted to the sale and fnstallation of tires and rims purchased only on the sub~ect pra~erty. t 2. That prior to commencement of the actfvity hereln approved, or prior to Issuance of a building permit, or within a period of one (1} year irom the date of this resolution, whichevor occurs ifrst, Conditlon Nos. 3, ~, 6 and 9, above-mentioned, shall be compiied with. Extensions for turther time to compiete sald condltlons may be granted in accordance with Sectlon 18.03.090 of the Anahelm MunicipAl Code. t 3. That prlor to commencement of the activky authorized by this resolut~on ~r wkhin a perlod of one (1) year irom the date of this resolutlon, whfchever occurs first, Conditlon Nos. 2, 8 and 10, ; above•mentloned, shall be complled with. Extonsfons for turther time to complete said conditlons ~ may be grantecf In accordance with Section 18.03.090 of the Anahelm Municfpal Code. 14. That approval of thls application constltutes appravet of the proposecl request only to the extent thet It camplles with the Anaheim Munlcipal Zoning Code and any other applicable City, Stete and Federaf regulatiuns. Approval does not fnclude any actlon or f(ndings as to compilance or approvat of the request regard(ng any ~ther appitcable ardinance, regulation or requfrement. BE IT FUHTHER RESOWED that the Anahefm City Planning Commisal~n does hereby flnd and determine that edoptlon of this Resolutir~n Is expressly predicated up~n appliceM's compllance wfth each and all of the c~mditions hereinabove set torth. Should eny such condftion, or any part thereof, be declared Inveifd or uner~forceable by the final Judflment of any court af competent Jurisdict(ort. then this Resolutfon, and any approvals herein contained, shall bo daemed null and vofd. THE FOREGOING RESOLUTION was adopted at the Planning Commiss(on meetin~ of j December 1, 1993. ~ % . 2~~ ~ CNAIRI~ MAN P 0-TE POAE ANAHEIM CITY PLANNING COMM{SSION ATTEST: SECRET RY NAHEIM CITY FUINNING COMMISSIQN -3- PC93-132 ~.n~ ~.~,. ~l STATE OF C.4UFO~NIA ) COUNTY OF ORAMGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secrotary of the Anaheim Qfty Planning Commisslon, do hereby certify that the forepoing resolutlan was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on December 1, 1993, by the following vote of the members theraof: AYES: COMMISSIONERS: BOYDSTUfd, CALpWELL, HENNINGER, MAYER, MESSE, TAIT NOES: COMMISSIONERS: NONE ADSENT: COMMISSlONERS: PERAZA, ~~~~~-f~ ~IN WITNESS WHEREOF, I havs hereunto set my hand this ~ d~y of ~ ~l/.,~'/r , 1993. ~~ ~ ,/(/LUl~ SEGREfARY, ANAH~IM CITY PIANNINCi COMMISSION ,;;~~ , .4. PC93-132