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Resolution-PC 97-175~ ~ RESOLUTION NO. PC97-175 A RESOLUTIUN OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3988 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real prope~ty situated in the City of Anaheim, County of Orange, State of Califomia, described as: PARCEL A: PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 18, PAGE 17 OF PHRCEL MAPS IN THE OFFICE OF THE COUNTY RECQRDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS,"the City Planning Commission did hoid a public hearing at the Civic Center in the City of Anaheim on December 8, 1997 at 1:30 p.m., notice of said public hearing having been duly giaen as required by law and in accordance with the provisions of the Anaheim Municipal Code, Cha~ter 18.03, to hear and consid~r 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 c' all evidence and reports offered at said hear~ng, 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 18.44.050.060 for a 41,600 sq. ft. expansior of an existing automobile sales lot display area with a waiver of the following: Sections 18.04.060.013 - Minimum landscaqed setback adiacent to an arterial and 18.44.063.010 hi h~.va . (10 feet with 8 trees required adjacent to Euclid Street; 4 feet with ro trees proposed) 2. That there are special circumstances applicable to the prope~ty consisting of its location and suROUndings, which do not apply to other identically zoned properties in the vicinity; 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 4. That the proposed use is properly one for which a conditional use pe;mit is authorized by the Zoning Code; 5. That the proposed use wili not adversely affect the adjoining land uses and the groyuth and development of the area in which it is proposed to be located; g. That the size and shape of the site for the proposed use is adequate to allow the full devalopment of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; _~ _ PC97-175 CR3129PL.DOC ~ ~ 7, That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 8. That the granting of the conditionai use permit, under the conditions imposed, will not be detrimental te, the peace, heaith, safety and general welfare of the citizens of the City of Anaheim;and 9. That indicated their presence at said pubiic hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FIND!NG: That the Anaheim City Planning Commission has reviewed the proposal for a 41,600 sq. ft. expansion of an existing automobile sales lot display area with a waiver of the minimum landscaped setback adjacent to an arterial highway, on a 1.33-acre parcel located south and west of the southwest comer of Lincoln Avenue and Euclid Street, and having frontages of 160 feet on the west side of Euclid Street and 110 feet on the south side of Lincoln Avenue (1'11 South Euclid Street); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Deciaration together with any comments received during the public review process and further finding on the basis of the initiai stuciy and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that tne Anaheirr~ 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: 1. (a} That a minimum four (4) foot wide landscaped and irrigated planter shall be installed adjacent to Euclid Street, except where driveway openings exist. (b) That aii existing mature trees shall be properly maintai~ied, and that there shall be a total of eight (8), minimum fifteen (15) gallon sized, trees pianted on the property to offset the eight (8) trees required in the front setback area adjacent to Euclid Street; and that said trees shall be planted adjacent to the west and norlh property lines. 2. That a landscape and irrigation plan for subject properly shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the ?lanning Commission and/or City Council. 3. (a) That ;'his use shall be in conjunction with the existing adjacent automobile dealership oniy (Anaheim Chevrolet); and (b) That at no time shalt this property be operated independently from the abutting auto dealership, nor shall any separate business be permitted to operate at this location. 4. That the existing chainlink fence on the west properly line shall be repaired and properly mainta~ned at a{~ limes. 5. (a) That proposed billiards shall be located behind the four (4) foot wide landscaped setback; and (b That a plan showing the location and the design of the proposed bi~liards shall be submitted to the Zoning Division for review and approval prior installation of the billiards. 6. (a) That the existing thirty five (35) foot high freestanding sign shall be removed; or, altematively, if the existing sign is to be utilized, one (1) of ihe three (3) freestanding signs on the properly to ihe west shall removed; and (b) That all signage for subject property shall be reviewed and approved by the Planning Commission as "Reporls and Recommendations" item. .2 PC97-175 ~ ~ 7, That the owner of the subject pr~perty shall submite~dted location' of aefreesta~ndi g s gnaa d No. 2086 (waivers of number of freestanding signs p minimum n~9 hta~f exist ng esta 9ant at 1t~1 S u1h ~ucl d~Stre9 t) totlhe Zoning D vis onn~ sign in conjunctio 8. That pianshs~Wanl b~nformatnce w'dh the' latest rev s on of Eng nee~ri g St ndard PIanINosV436 and approvat 9 602 pertaining to parking standards and driveway locations. Subject property shall thersupon developed and maintained in conformance wiih said ~lans. ~. That the ds in conformance wSh Engineelnng [iepartment St ndard No. ~37 e ten (10) foot radius curb retum 10. That all signain nalto sight d stance vis bility for s gn lo atiolnC Wo~s E~gineering Standarci Detail No. 137 pert 9 11. That subject property shall be developed substantially in conformance with plans and specificatinn De art~ment mahkedlExhiti s No! 1 and 2eandla~s cond'd onedl h pean s are on file with the Planrn g P ~2, That the s of a seec,•:2s approvled by he Parksa ndhRecre t on (Department ~Trees D v sion4in the box, tree P four (4) tree wells a!~ng the Euol~ida be statfblic right-of way to the Zoning Division ~f the Plamm~g Depattment fo. review and app Y ~ 3, That the pr~periy owner shall, at his expense, replace the landscaping along Euclid Street and the trees in the parkway, if anc~ ~+vhen'the str2et is widened. 14. That prior 10~1m ~nd 1?~abovetmentionled shallrbe c mpfedrwithutExtens on~s forNurther time o 6~ ~~ 8' 9' be ranted in accordance with Section 18.03.090 of 1he Anaheim cornplete said c:;~~ditions may 9 Municipal Code. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies wilh ~ne Anaheim Municipal Code and any other applicable City, Siate, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the requesi r~aarding any other applicable ordinance, regulation, or requirement. BE OT FURTHER RESOLVe oluti nths xpressly pred cated up n applicalnl's compliance find and determine that adoption o, this R with each d nvlsl d to eunenflo~ ceable by theVfinaltjudyment of lany court of codmtpetent j n'sdiction then be declare rovals herein contained, shall be deemed null and void. this Resolution, and any app THE FOREGOING RESOLUTION was adopted at the Planning Commission meefing of December 8, 1987. - - -- _----~ c ~ ,,~ ~ -. CHAI A ANAHEIM CI PLANNING CQMMISSION ATTEST: , , SECRET ~ Y, AHEIM CITY PLANNING COMMISSION PC97-175 -3 ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 December 8, 1997, by the following vote of the members therecf: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, i have hereunto set my hand this ~~day of , 1997. ' ~~ ~~~f~~, ~~ SFCRETA ANaHEIM CITY PLANNING COMMISSION -4 PC97-175