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Resolution-PC 97-2~~ ~~ RESOLUTION NO. PC97-2 A RESOLUTIQt~ OF THE ANAHEfM CIT' PLANNING COP~AMISSION THAT PETITION FOr~ CONDITIONAL USE PERMlT NO. 38'a~ BE GRANTED WHEREAS, the Anaheim Ciry Plarniing Commission did receNe a verified Petition fior Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 1 ANQ 2 OF PARCEL MAP NO. 89-420, AS SHOWN ON A MAP FILED IN BOOK 256. PAGES 14 AND 15 OF PARCcL MAPS, !N THE OFFICE OF TIiE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commiss(on did hold a pubUc hearing at the Civic Center in the City of Anaheim on January 6, 1997 at 1:30 p.m., notice of said publfc hear~~g havirg been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make fir.dings and recommendations in connection therewith; and WHEREAS, said (:ommission, after due inspection, investigation and study nnade by ftseif and in hs behaif, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: - 1. That the praposed use is properly one for which a conditional use permtt is author'¢ed by Anaheim Municipal Code Sections 18.44.050.085 and 18.44.050.135 to permit a!ube and oil c,hange facility to replace a vacant bank building in an existing commercial retail center. 2. That the proposed use is properly one for which a conditional use permft is authorized by the Zoning Code; 3. That the proposed use will not adversely affect the adjoining land uses and the c~rowth and development of the area in which it is proposed to be located because the proposed automo:ive lu5e and oil change faciliry is compatibie wfth the adjoining comrr+ercial center; 4. That the size and shspe of the site for the proposed use is adequate t+~ allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safery anci general welfare; and that the proposed faciliry is a redur,tion in building size from the vacant bank building and the proposed landscaping will enhance the appearance of the subJect property; 5, That the traffic generated by the propased use wili not impose an undue burden upon the streets and highways designed and improvad to carry the traffic in the area; 6. That the granting of the conditional !:se permft, under the condftions imposed, w~!i not be detrimsntal to the peace, health, safery and gener~! welfare of the cftizens of the Ciry of Anaheim; ancJ 7. That one person (nd(cated the(r presenco at said public hearin~ in opposition; and that no correspondence was received in oppostion to the subject petition. CR2803DM "1" PC9~ 2 << ~ ~~a CALIFORNIA ENVIRONME~JTAL CUALITY ACT FINDING: That :he Anaheim City Planning Commissfon has reviewed the proposal to permit a lube arxi oil change faciifry to repiace a vacant bank building in an er..isting cammerciat retail cznter on a rectangularty-shaped paroel consisting of approximately 0.79 acre having a frontage of approximately 80 feet on the west side of State Coilege Boulevard, having a maximum depth oi approximately 101 feet, befng located approximately 332 feet south of the centerline of R~mneya Dr'nre and further describecf as 1135 North State College Boulevard; and does hereby approve the Negative Deciaration upon finding that the declaration reflects the independent judgement of the lead agency and that ft has considered the Negative Declaration together with any comments received during the public review process and further fnding on the basis of the initial study and any comments received ihat there is no substantial evidence that the project will have a signfficant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does hereby grant subject Petitioe e~u'sde to the i os sed se of~ he subjelctVproperty inl~order to p e erve the found to be a necessary p q~ P P safery and general weifare of the Citizens of the Ciry of Anaheim: i. That an unsubordinated restrictive covenant shall be recorded to guarantee tnat the entire complex shall b~ managed and maintai~ed as one (1) integral parcel for purposes of signage, landscaping, land usage and architectura! control, and that the covSuch covelna t shallrbe pproved bythe transferring all or any part of the interost i~ the property. Zoning Division and shall be in a form satis'.actory ~to the City Attorney and shali be recorded with the Office of the Orange Counry Recortler. A copy of the recorded covenant shall be submitted to the Zoning Division. 2. That security night lighting shall be provided in the landscaping and parking areas. 3. That the proposEd landscaping shall comply wfth Section 18.04.060 "landscaping Requirements - General" of the Anaheim Municipal Code. 4. That the existing on-site landscaping and !rrigation system along the north and east pruperty lines shail be maintained in compliance with C'dy standards. The trees in said ar~eap s~~~ not be removed unless it is determined that said trees have become hazardous to I'rfe or ro e 5. That any tree planted on-site shall be replaced in a timely manner in the event that ft is removed, damaged, diseased and/or dead. 6. That signage for subJect facility shall be iimfted to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission, with the exception of the wall sign on ttie north elevation which shall not be permitted. Any additional signage shall be subject to approval by the Pianning Commission as a"Reports and Reccmmendations' ftem. 7. That no ou~door storage of, display of, or wark on :~ehicles or vehicular parts shali be permitted. 8. That no banners or other advertising shall be displayed inside the service bays facing the public right-of-way unless a Special Event Perrrit is first obtained from the Planning Department. g. That a Plan Sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Departm~;;nt, Streets and Sanitation Division for review and approval. -2- PC97-02 `~ ~ 10. That a trash truck tum,ar4und area shall be p~ovided and main'ainAd on the shopping center site to the satisfaction of the Publfc Works 'Department, Streets and San'itation Division. Said turn-around area shall be speci8cally shown on plans submiMed for buildin~ permfts. i 1. That the developer shall submit a water quality management plan (WQMP) spec'rfically identffyin~ the best management practices that will be used on site to control predictable pol4utancs fram st~rmwater runoff. The WQhdP shall be submitted to the Public Works Engineering Department, Deveiopment Services Division, !or review and approval. 12. That plans shall be submitted to the City Traffic and Transportation Manager far his review and approval showing conformance with the latest revisions of Engineering Standarc! Plan {~os. 4:36 an~ 601 pertaining to parking standards and dr'Neway locacions. Subje~t prope~rty shall thereupon be developed and maintained in conformance w~fh said plans. 13. That the drNeways on State College Boulevard shat! h~ reconstructed to accammodate ten (10) foot radius curb retums in conformance with Engineering DepartRnent Standard No. 137. 14. That subJect property shall be developed substantialiy in accordance wfih plans and spec'rfications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Departmen't marked Exhibit Nos.1 through 4; provided, hrnvever, that the watl sign shown on the narth elevatfon shell not be permitted. t5. That prior to issuance of a building permit or within a period of one (1) year irom the date of this resolutior., whichever occurs first, Condition Nos. 1, 9, 10, 11 and 12, above-menitoned, shall be complied with. Extensions for further time to complete said conditions may be granted in accerdarice wfth Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final buiiding and zoning inspections, Condition Nos. 2, 3, 6, 13 and 14, above-menUoned, shall be complied with. 17. That approval of this apalication constitutes approval of the proposed request oniy to the extent that ft complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FUR7HER RESOLV!ED that the Anahefm C'ity Planning Commission does hereby flnd and determine that adoption of this Resoiution is expressly predicated upon applicariYs compliu^ce with ' each and all of the conditlons hereinabove set forth. Should any such corxlition, or any part thereof, be declared invalid or unenforceable by the final .{udgment of any court of competent Jur(sdiction, then th'°- Resolution, and any approvals herein contained, shal! be deemed nuil and void. THE FOREGOING RESOLUT90N was adopted at the Planning Commission meeting of January 6, 1997. ~rQ~ ~C _ ! .Jl-~~t - CHAIRPERSON ANAHEI CITY PIANNING COMMISSION A'iTEST: % ~ SECRETA , A~1 HEIM CITY PLANiVING COMMISSION 3_ PC97-02 ah ~ STATE OF CALIFORN{A ) COUNTY OF ORANGE ) ss. CITY QF ANAHEIM } I, Margarita Solor(o, Secretary of the Anaheim G6ty Planning Commission, do hereby certify that the foregoing resoiution was passed and adopteci at a meeting of the Maheim City Planning Commission held on January 6, 1997, by the following vote ot !.he members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRiSTOL, HENNINGER, MAYER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NON~ IN WITNESS WNEhiEOF, I have hereunto set my hand ihis (~~day of ~~' " . y 397. / SE~RETA Y, A~HEiM CITY PL.X~INNING COMMISSION ~_ PC97-J2