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Resolution-PC 94-5.,~ ~..., RESOLUTION NO. F'C91-5 A RESOLUTION QF 7HE ANAHIEIM CITY PLANNING COMMISSION THAT PETITlON POR CONDITIONAL USE PERMIT NO. 3650 BE GRANYED WHEREAS, the Anaheim City Plann(ng Commission d!d receive a verified Petitian for Conditional Use Perrnit for certaln real proporty sitvated in tho Cfty of Anahaim, Counry of Qrange, StAte of C~Iif~rnla, ddscribed as: THE EAST HALF OF THE N~JRTH 5.00 ACRES OF THE EAST HALF OF THE NORTH•EAST OUNRTER OF THE NOATHEAST QUARTER UF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO l08 CUYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 AF MISCEUANEOUS MAPS, RECORDS OF ORAIvGE COUNTY, CALIFORNIA. EXCEP7ING 7HEREFROM, THAT PORTIQN LYING EASTESLY OF THE WESTERLY LINE OF PARCEL 2 QF DEED TO THE S7ATE UF CALIFORNIA FILED AUGtJST 27, 1951 AS ~OCUMENT N0. 23960, C~RTIFICATE O~ TITLE N0. 14fi10, ON FILE IN 7HE OFFICE OF THE REGISTRAR OF tAND TITLES OF SAID ORANGE COUNTY. ALSQ EXCEPTING THEREFHQM, THE LAND DE.~iCRIBED AS PARC~CLS 1 AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA. WHEREAS, the City Planning Commission dfd hold a public hearing at the ~Nlc Cen4er in the City of Anahelm on January 10, 1994 at 1:30 ~,m., notice of said publlc hoarinp havi~ig been duly given as required by law and in accordance with the provisions of the Anaholm Municipal CodA, Chapter 1H.03, tu hear and constder ov(dence tor and agalnst said proposeci conditional use permit and to (nvestfgate and make tindings and recommend~tions in connectfo~ therewith; and WHERcAS, said Cornmission, aiter duo Inspect(on, investi~at(on and study made by ftself and in its behal~, anJ after due cons(derat(on of all evidence anC reports offered at safd hearing, does find and deformine ihe tollowing facts: t. That the proposed use is prope~ly one for whlch a conditional use p~rmft is authar(zed by Anaheim Municipal Code Section 18.A6.050.075 to permit the (nst~llation oi automotive acceosories (stereos, cel(ular phonos and alarms) in conjunction with a proposed retail establishment; 2. That the proposod uso is proper~y one for wh(ch A condit(onal use permit Is authorized by the 7_oninG Code; 3. ThAt tlie proposed use, as approved, will not adversety affect tho adjoin(ng land uses and ihe growth and development of tl~e area in which ft is proposed to be locateci bocauso reorfentat(~n of the sorvfce bays away from Llncoln Avenue wiil improve the pro{ect appearan~e from the publlc riphts•~f- way and that other sfmilar uses have been approved requiring simflar reorf~ntatlon ot serv(ce bays to improve the visual pppearance from pubiic rfght-r~f•ways; a. That the size and shape oi tno site for Zhe proposod use is Adequate to allow the futl dQVelopment of tho proposed use in a manner not detrimental to the particular area nor to the peace, liealth, sar~ty, and general welfar~; CR 1 ~BGMS.WP -1- PC94-5 5, That the tratf(c generated by the proposed use will not ImQose an undue burden upon the streets and hiflhways designed rand improved to carry 4he traffic In th6 area; 6. Tha~ th~ granting of the conditlonal use pormit under the conditions imposed wlll not be detrimental to the peaco, health, safoty and qenoral welfare of the citizens of the City of Anaheim; and 7. Ttiat nn ane (ndicatod thelr presence at sxid public haaring in oppositlon; and that no corrospundonce wtts received fn opp~sition to the subJect petition. CALIFORNIA ~NVIRONMEN71~L ~UALITY ACT FINDING: That the Anaheim City Planning Gommission has reviewed the proposal to permit lhe (nstallation of automotive acces~orles (stereos, cellular phones and alarms) (n conjunction with a proposod rotail establishrnent pn a rectangularly sh&ped parcel of land consisting of epproximately 1.59 acros located at the southwest corner of Llnooln Avenue and Beach Boulevard, having approximate frontagns of 266 feet on the south side oI Lincoln pvenue and 261 feet on the west side of Beach Boulevard and further described s~s 3020 Wes ~_incoln Avenuo; and does hereby apprave the Negative Doclaratfori upon finding that the declaratlon reflecta the Independe~t judc~ement of tho lead agonr,y and thai (t has considered the Negativo Deciaratfon together w!th any comments recefved during the public revfow procoss and further flr~d(ng on the basis of the Initlal study and any comments received that there is no substantlal =~vidence that the proJect wil! have a slgnificant effect on thc~ onvironment. NOW, THEREFORE, BE IT REuOLVEU that the Anahelm City Planninfl Commissi~n does hareby grant subJact Petitfon for Conditional Use Permit, upon the follow(ng aonditlors which are hereby found to be a nocecsary prerequis(te ta the proposed uso of the sub~ect property in order to preserve the safety and c~eneral welfare of the Citfzens of the Cfty ot Anaholm: t. That plans shaU bo submitted to the City Traffic and Transportatfon Manper tor his reviow and approval showing confarmance with the mo~t current versions of Engineering Standard Plan Nas. 436 (minimum of five ~5j handicapped parking stalls) and 601 (parking standards and drtveway locatlon). Subject property shall thQroupon be developed and maintalned in coniormance with said plans. 2. That all remaining driveways shall be reconstructed to eccommodate ten (10) foot radlus curb roturns in confonnance wfth Engineerfng Oepartment Standard No. 137. a. That trash storage areas shall be provlded and maintafned fn a locaticn acceptable to the nepnrtment of Mafntonance and (n accordance with approved plans on ffle with sflid Dopartment. The trash storage area shall be shawn on plans submittod to tho Building Division for permlts. 4. That a pl~n sheot for solid wasto storage and collQCt(on, and a plan for recycling shall ba submittod ~o the Department of Maintenance tor reviow and approval. 5. That no banners or other advort(s(ng shall be displayad within the servfce bays visiblo to tho publlc rlgtits-of•way unless a Special Events Permit is first obtained irom the Zoning Divislon. 6. That tho ownor of subJoct property shall submit a letter requesting terminatiun of Condftlonal Uso Permit No. 3307 (permittfng a minf market with fast food and ovith a parl:ing w~fvor) t~ the Zoning Dlvision. 7. That subject property shall be developed substan4lally In accordance with pl~ns and a~eclilcatlon~ submitted to the City oi ~naheim by the petitioner and which pians are or I;le whii the Planning Depanment marked Exhibit Nos. : throuc~h 3; provided, however, that the S3ropos~scd ~ervfce beys with overhead garags door~ shall be relocated to t~e west buifding elevation. -2- P1.94-5 e. That tho petltioner shail request adoption of an ordinance reclASSifying subJect property from the ~M "CommerclAl, Heavy" to the CL "Commercial, Limited" Zono. y. That prior to issuance of a build(ng permit or withfn a period of ono (1) yoar from the date of thlo resotution, ~~hlahover occurs first, Conditfon Nos. 1, 3, 4, 6 and e, above-rnentioned, chail bo complied with. Fxtensions for further tfine to complete ~~Ea conditions may be grant4d In accordance with Sectlon 18.03.090 of the Anaheim Municipal Code. 10. That prlor to flnal building and zon(ng inspections, Condition Nos. 2 and 7, above-mantionod, shAll bo compliod with. 11. That approval of this applicatlon constitutes approvel of the proposed request only to the extent that it complies with the Anafieim A~unicipal Zoning Code and any other appifcable City, State and Federal rsgulations. Approval does not Include any action ar findinfls as to compliance or approval ol the request regard(ng any other app~icable ordlnanc~, reziulatfon or requiremont. aE IT FURTHER R~SOLVED thet the Anaheim City Plannfng Commission does hereby ilnd and decermine that adoptfon of this ~iesolut(on is oxpressly predicated upon applicant'g comj~llance wlth each and alf of the conditions I~ereinabove set forth. Should any such conditlon, or any part 4hereof, be declared invalid or unenforceable by the final judgment of any courc of competent jurisdicti~n, then thls Resolutlon, and any approvals herein containod, shall b~ cleemed n~ll ~nd void. 7HE FOREGOING RESCLUTIGI~ was adopted at the Planning ~ommisslon meeting of January 10, 199~1. ~ ~ , _ -c' ~;f~ CHAIRMAN ANAHEIM CITY N tNG COMOVlISSION A7TEST: /~ ~CRETARY, ANAh1 IM CITY PLANNING COMMISSION Ci (/ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAMEIM ) I, Janet L. Jensen, Secretary oF the Anaheim Cfty Planning CUmmission, do hereby certl'ry that the foragoing resoiution was passed and adopted at a moetfng of the Anaheim City Planning Commission held on January 10, 1994, by the following vote oi the members thareof: AYES; COMMISSIONERS: B4YDSTUN, CAIDWELL, HENNINGER, MAYER, MESSE, PERAZA, 7AiT NC~ES: COMMISSIONERS: NONE ABSENT: COMPJIISSIAVERS: NONE IN WITNESS Wf-IEREOF, I have herounto set my hand this ,?6 ~cL. d~y ot , 1994. ~ ,v "~'~ ~~`x`e ~ ~ ECRETARY, AN/~li IM CITY PLANNING COMMISSiONf -3- PG'~~