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Resolution-PC 96-26~ ~ RESOLUTION NO. PC96-26 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 3812 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verffie~ Petition for Conditional iJse Permii for certain real property situated in the Ciry cf Anahefm, County of Orange, State of Caiifornia, described as: PARCEL 1: LOT 7 IN BLOCK 8 OF THE GOLDEN STATE TRACT, AS SHQV'JN ON A MAP RECORDED IN BOOK 4, PAGES 66 ANJ 67 OF MISCELANEOt1S MAPS, RECORDS OF GRANGE COUNTY, CALIFORNIA. EXCEPT THEREFliOM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ANAHEIM ROAD, 40.00 F~ET WIDE, AS SHOWN ON SAID MAP WITH THE CENTERLINE OF BLUE GUM STREET, 40.00 FEET WIDE, SHOWN AS AN UNNAMED STREET ADJOINING SAIU BLOCK 8 ON THE EAST ON SAI~ iVIAP; THENCE, ALONG SAID CENTERLINE OF BLUE GUM STREET, NORTH 15 DEG. 58' 16" WEST 85.00 FEF.T; THENCE SOUTH 74 DEG. 01' 44° WES7 ~0.00 FEET; THENCE SOUTH 21 DEG. 19' 44" WEST 43.92 FEET; THENCE SOUTH 77 DEG. 00' 23" WEST 604.40 FEET TO THE 1M1'ESTERLY LINE OF SAID LOT 7; THENCE, ALONG SAID WESTERLY LINE AND THE SOUTHEP.LY PROLOhGATION THEREOF, SOUTH 15 DEG. 58' 21" EAST 81.57 FEET TO SAID CENTERUNE OF ANAHEIM ROAD; THENCE, ALONG SAID CEN7ERLINE OF ANAHEIM' ROAD, NnRTH 74 DEG. 00' as" EAST 660.1o FEET TO THE POINT QF BEGINr,:1NG. PARCEL 2: THAT PORTION OF LOT 8 IN BLOCK 8 QF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RF_CORDEQ IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ACQUIRED BY THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 16, 1960 IN BOOK 5375, PAGE 581 OF OFFICIAL RECORDS IN SAID OFFICE, BOUNDED SOUTHERLY BY PARCEL d OF THAT CERTAIN PROPOSED STATE t-11GHWAY RELINQUISHED N0. 663, AS SHOWN ON A MAP RECORDED IN STATE HIGHWAY MAP BOOK NO. 6, PAGt 37 IN SAID OFFICE, AND 34UNDED WESTERLY BY THE FOLLI~WING DESCRIBED LINE: BEGINN!NG AT THE SOUTHERLY TERMINUS OF THAT CERTAIN ARC LENGTH IN THE DESCRIP710N QF THE LAND ACQlJIRED BY THE STATE OF CALIFORNIA BY DEED RECORDED DECEMEsER 24, 196h IN BOOK 7359, PA~E 95 OF SAID OFFICIAL RECORDS, DESCRI9ED TFiEREON AS HAVING,A r~ADIUS UF 5130.00 FEEt; THENCE SOUTH 5 DEG. 12' 36' EAST 575.25 FEET TO THE BOVE MENTIOM`ED P RCELA4 AS HAV.~~IG ARBEARI~NG ANDNDISTANCE OF SOUTH 77 DEG. 00' 23" WEST 177.79 FE.I:T. CR2614DM.WP ~~~ PC96~26 ~: ~ Vr'Hrr~E~e',. the City ~'lanning C,ommissior~ did h~ld a public iioarinc~ at the Civic Center in the City o` ~~;ahe~:~n on J2ruary 22., 1996 at 1:sQ~ p.m., notice o^ ~a(d pubiic hearirg havtng been duly giv~;n as rey:alred by law and in a.ccorda~cz with th~ ~ro~isions af the Anahpim R~uniaipal ~ude, Chapter 18.03, to hear anci consider evidence for and against said propossd conditionai use perm~t a~~d to investigate and make findings and recommendations in connection there~Nith; 2nd that said publ(c t;earfng was continued to the February 21 anc~ March 4, 1996 F~anning Corrcmission meeiings; and WSiEREAS~ ei cons deration"of al ~ denoe and epartsso~ffor~ed atnsaic; hear ng, does f nd and in its behalf, and a and detormine the follawing facts: 1. That 4he proF~csed use is ~roperly one for which s conditional use permft is authorized by Anaheirn Niunicipal Cndo Section 18.110.056.050.0505 !o permii an automotP~e van conversfon and modification plant in an existing'~dustrial businees park. 2, That the proposed use is prope~ly one for which a conditionai use p~rmit is auth_rized by the Zoning C~de for 9evel~ument Area 9"Industrial Area" of Specffic Plan No. 94-1 "Northeast Area Specific Pian"; 3. Tnat the proposeci use wiil not advorseiy affect the adjoining land uses and the growth and development of the area i~ which it is propo~t~d to 5e located because subject properry and surro~ndirig properties are fulby developed for industrlal uses, ' 4. That th~e Osze~ause in a ms~nner notdetrfinental to te particua~r area no~ oi he p acel! d e v e l o p m e n t o f t h P p p health, safety, and ganeral welfare; 5, That the traffic gene~ ated by the pr~posed use wili not impose an undue ~~. ::rden upon the ~treets and highways desigiied and impr.r.ved to carry the traff(c in the area; g. Tiiat the granting of the condftional use permit, under the conditions imposed, will not be detrimental tu the peace, health, safet~r and general weifare of the citfzens of the City of Anaheim; and 7. That no one indicated their presence at said public hearin~ in opposltion; and that nu correspordence was received in opposition to the subject petition. CALIFORNIA ENVERONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has ~~eviewed the proposal to permit an automotive van conversion an;~ modification facil'dy in an ex+sting industrial business park on ar. irregularly shaped parcei of I~~d consistincl of approximately 9.7 acres located at the northwest c~rner of Miral~ma A:~,enue and Blue Gum Street, ha:'^n approximate frontages of '783 feet on the north side of Miraloma Ave~~~ue and ~~U feet on the west sido of ~::.~e Gum Street and f~rther des<;ribed as 1325 -1341 North el~e Gum ~t~eet; and does hereby approve the Negative Declaratfon upon findi~ig that the declaration reflecis t4~e independent jud~ement of the lead agency and that it has considered the Negative Declaration togol,her with any comments receNed dur;ng the public review process and further finding on the basis of the initial stud~y and any comments receNed that there is no substantial evidence that the project wi0 have a significan't effect on Yhe ern(mnment. NOYJ, THEREFORE, BE IT R~SQLVED'ttiat the Anaheim City Planning Commissitin does hereby grant subject Petition for Condit(onal Use Permft, upon the foll ~~in Pco~nditioin orJer tore hereby found to be a necessary prerequisite to the proposed use of the sub ect ra erty preserva the safety and gpneral weifare of the Cftizens of the Ciry of Anaheim: -2- PC96-26 ~ ~ 1. That the wall signage (in e~ccess of what is Fermitted by Caie} located on the building elevations adjacent to and facing the freeway right-of-way shall be removed or brought into compliance with maximum sign area requirements as specffied ir Sectfon 18.110.050.130 "Sign Regulations • Advertising and ~dentification" of the Anaheim fvlunicipal Code. 2. That the temporary outdoor storage af vehicles may occupy anly those parking spaces which are in excess of the Code requirem~nt, as shown on the appmved Exhibit No. 1 on fila in the Planning Departmen4. 3. That the existing buitding walls and masonry block wall adjacent to tho freeway right-of-way (west property line) shail be planted with clinging vines along the eniire iength of the ~?raperty unless the applicant can provfde proof of intent that fCaltrans) wili construct a saund well adjacent to the freeway within tho next two (2) years. The vines shall be a mtnimum one (1) gallon In size at the time of planting, shall be spaced not more than three (3j feet apart, and shall be permanently irrigated. 4. That the owne~ of subject property shali submit a letter to the Zoning Divisfon requesting termination of Ccnditipnal Use Permii No. 1961 (to permit the retail sales of tires and auto parts). 5. That the subject van conversion/modffication facility shail be limitej to doing business wkh retail dealerships only, and shall not engage in business with the general publlc. 6. That outdoor storage shall be Iimhed ta equipment, materials, ffnished products or refuse basic to the op~rations of the uan conversfon/modification faciiity and shali, at ali t(mes, be screened in accordance with appiicable Code requirements. 7. That the exfsting gate for maintenance ac~ess to the arEa between the buildfngs and the freeway (west properry line) shali rernein cl+~sed and secured when not in use. 8. That an on-sfte trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turri-arouno area shall be specffically shown on plans submitted to the Department of Maintenance for review and approval. A c~py of the approved plans shall be submitted to the Zoning D!vision. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Plannfng Department marked Exhibit Nos. 1 thro~gh 5. 10. That with(n a period of one (1) month from the date of this resolution, Condftion Nos. 1, 4, 7 and 8, above-mentioned, shall be completed. Extensions for further time to complete said conditians may be yranted fn accordance wfth Section 16.03.09C of the Anaheim Municipal Code. 11. That prior to the commencement of thQ actMty authorized by this resclution or prior to final building and ~on(ng Inspectfons, whfchever occurs flrst, Condition No. 9, above-mentioned, shal! be complierJ with. 12. That approval of this appiication constitutes approval of the proposed request only to the extent that it complies with the Anahefm Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not ~nclude any acUon or findings as to compliance or approval of the request regarding any other applicable crdinance, regulatlon or requirement. -3- PC96-26 +r a~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and datermina that adoption of th(s Resolution is expressly predicated upon applicanYs compliance ;rrith each and all ~f the conditions hereinabove set forth. Should any such condition, or any part thereof, be d~clared invaUd or unenfarceable by the final judgment of any court of competent jur!sdiction, then this Resolutior;, and any approvals herein contained, shall be deemed nuli and v~id. TH~ FOREGOING RESOLUTION was adopted at the Pianning Commission meeting of March 4, 1996• i~ ( . . ~'~/i~ -c~ CHAI WOMAN ANAHEIM CIT`~~ NNIfvG COMfVIISSiON ATTEST: ~, 1 SECRETARY, AkEi CITY PLANNING COMMISSION STATE OF CALIFORNIA ; COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Sacretary of the Anaheim City Planning Commfssion, do hereby certify that the foregoing resoluticn was passed athe followi~n avot nof the members ther oC~ Planning Commission held on 9/larch 4, 1996, by 9 AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: ~lONE - ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereuntu set my hand this ~ daY of .~.~• 1996. SECRETARY ANANEIM CITY PLANNING COMMISSION ~_ PC96-26