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Resolution-PC 97-39,~, ~ RESOLUTION NO. PC97-39 A RESOLUTION OF THE AN~°~HEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 39d3 BE GRANTED, IN PART WHEREAS, the Anaheim C'ity Planning Commission did receNe a verfffed 1'etftion for Condfclonal Use Permit for certatn real property situated in the Ciry of Anaheim, County o' Orange, State of Califomia, described as: LOT 13 OF TRACT 5019, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 318, PAGES 23 AND 24, OF MISCEUANEOUS ~~AAPS, IN THE OFFICE OF THE CUUN7Y RECORDER OF SAID COUNTY. WHEREAS, the Ciry Pianning Commission did hold a Fublic hearing at the Civic Center in the Ciry of Anaheim on January 22,1997 at 1:30 p.m., notice of sa(d publlc hearing having been duly given as required by law and in accordance with the provisions of ~he Anaheim Municfpal Code, Chapter 18.03, to hear and consider evidence for and against safd proposed conditionai use permit and to investigate ar:d make ~indings and recommendations in connection therewith; and that said public hearing was c~ntinued to the February 19, March 17, and April 14, 199'1 Planning Commission meetings; and WHEREAS, said Commission, aiter due inspectfon, investigation and study made by ftself and in its behalf, and after due consideration of all evid2nce and reports offered at said hearing, does firxl and determine the following facts: 1. That the proposed use is pruperly one for which a conditional use p2rmit Is authorized by Anaheim Municipal Code Section 18.110.050.050.0505 to permft a transmission repair faciiiry inside an oxist:ng 12,399 sq.ft. ir.dustrial building wfth waivers of the following: (a) SPctEons 18.QS_.050.0222 - Minimum number of oarkina saaces. ~ ~ (60 raquired; t3 provided and concurced wRh by the and t8.110.050.110 City Traffic and Transportation Manager) (b) S~~r~on 18 110 050 020.~ - Pernidted outdoor uses. 2. That waiver (a), minimum number of parking spaces, is hereby approvcd based on the assumptions and conclusions described in the submitted parking study relating to the operation and intensiry of the proposed uses, including that the primary use of the business is the repair of heavy vehicle transmissions which are removed from vehicles off-sfte and delivered for repair, that this business is a truck transmission repair facility only arxl not the long term storage of vehicles for service or sale, a~d that the number of vehicles to be repaired on-site is anticfpated to be no more than one per day; 3. 7hat the parking waiver, under the conditions imposed, will not cause fewer ofi-~treet parking spaces to be provided for such use than the number oi such spaces necessary to accommodate all vehicles attributable to such use under the normal and reaconably foreseeable conditions of ope:at~on of such use because there will be no outdoor storage of vshicles; 4. That the parking w~iiver, under the condit(ons imposed, will not increase the demand and com,~ethlon for parking spaces upon the public streets in the immediate viciniry of the proposed use; 5, That the parking waiver, under the conditions imposed, will not in~rP,ase the demand and competition for parking spaces upon adJacent private property in the immediate vicinity of the proposed us9 (which property is not expressly provided as parking for such use under an agreement (n compliance with Section 18.OG.010.020 of this Code); -1- PC97-39 CR2872DM.WP ,~, •i~o- 6. That the parkfng waiver, under the conditions imposed, will not increase traffic congestion wfthin the off-street parking areas or lots provided for such use; 7. That the parking waiver, under the condftions imposed, wiil not fmpede vehicular ingress to or egress ftom adjacert properties upon the public streets ire the immediat~ vicinih,~ of the propased use, and that employees will not park tall vehfcles wfthin 25 feet of any drNeway and oniy passenger vehicles wfth clear windsh(elds will be permitted to park near driveways; 8. That waiver (b) is hereby denied because ft was deleted foliowing public notification; 9. That the proposed use is properiy one for wh(ch a condftional use permit is authorized by the Zoning Code for Development Area 1 of the Northeast Area Specific Plan (SP94-1); 10. That the proposed use will not adversely affect the adJoining land uses and the growth and development of the area in whict~ ft is proposed to be located because all work will be conducted in the repair work area i~skie the building on transmission parts wh(ch have been removed from trucks; 11. T'nat the size and shaoe of the site for the proposed use fs ade~uate to allow the full development of the proposed use in a manner not detrimental to the particular area nor t~ the peace, health, safety and general welfare; 12. That the traffic generated by the proposed uso will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 13. That the granting of the conditionai use permft, under the conditions imposed, will not be detrfinental to the peace, health, safety and generai welfare of the citlzens of the Ciry of Anaheim; and 14. That no one indicated their presence at said pubiic hearing in opposftio:r and that no corespondence was received in opposition to the subject pet~tion. CALIFORNIA ENVIRONAAENTAL QUALITY ACT FINDING: Thai the Anaheim City Planning Commission has reviewed the proposal to permit a 4ransm(ssion repair facility insfde an existing 12,399 sq.ft. industrial buildiny with waivers of minfmum rn~mber of parking spaces and permitted outdoor uses on a 0.57 acre rectangularly-shaped property located 366 fest east of the centertine of Blue Gum Street, wfth a frontage of 132 feet on the south side of Gretta Lane and a maximum depth of approximately 188 feet (2830 East Gretta Lane); and dces hereby approve the Negative Declaration upon finding that the declaration reflects the independent Judgement of the lead agency and that ft has cons(dered the Negative Declaration togethef with any comments receNed during the public review process and further finding on the basis of the inftial study and any comments received that there is no substantial evidence that the project will have a s(gnfficant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petitlon for Condftional Use Permit, upon the fdlowing conciftfons which are hereby found to be a nocossary prerequisfte to the proposed use of the subject property in order to preserve the safety and general welfare of the Cftize~s of the City of Anaheim: 1. That existing barren 'landscape areas' on subject property shall be refurblshed with plant materials (n conformance wfth City standards. 2. That no outdoor display of, or work on, vehi~les or vehicle parts shall be permitted and that any existing outdoor work be term(nated immedfately. 3. That the maxfmum number af employees shall not exceed eleven (11). _2_ PC97-39 ~~ ~. 4. That a minimum of thirteen (1~) parking spaces shail be rnaintaine~~, as shawn on the submftted and approved plans (Exhibft No. 1). 5. That no trucks, busses, etc., within the contrd of th!s business, shali -aa ~sar6ced a+xJ{or stored on G~etta l~na at any time. 6. That the petitioner shall obta4n sign permfts for sil un-parmltted signs on s~~bJect properry or remove a!I such un-permitted signs. 7. That the approval of this Cor~ditional U~3 Permft shalt be Iimitc~ci to this specffic business: truck transmission repair, as oudined and described ir~ the subnnhted ~arking str~dy and in the pe~ftloner's letter of operation. 8. 7hat the granting of 4he parking waiver is contin~ent upon operation of the use in conformance wfth the assumptions relating to the op~ration anr~ intensity of uss as conta(nec! In the parktng demand study that formed the basis for approval of said va~iance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contafned in the parking demantl study, shall be deemed a vidat(on of the expressed condRions imposed upon said variance which shall subject that variance to termination or modificaticn pursuant to th~ provisions of Sect(ons 18.03.091 and 18.03.Q92 of the Anaheim Mun(cipal Code. 9, That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petftloner and which plans are on fiie with the Planning Department marked Exhibft Nos. 1, 2 and 3. ~0. That Conditfon Nos. 1 and 6, above-ment(oned, shall be completed wfthin a perfod of tl}irty (30) days from the date of this resolution. 11. That approval of this application aonstkutes approval of the proposed request only to the extent that ft compl(es with the Anaheim Munlcipal Zoning Code and any other applfcable City, ~tate and Federal regulations. Approval does not include any a~tion or flndings as to com~liance or approval of the request regardfng any other applicable ordinance, regulation or requirement. 12. That subject use permit Is hereby approved for a period of two (2) years, to expire on Aprll 14, 1999. 6E IT FURTHER RESOLVED that th~a Anaheim Ciry Planning Commfssion does hereby flnd and determine that adoption of this Resolution is e~<~ressly pred6cated upon applfcant's compliance wfth each and all of the conditions herelrrabove set forth. Should any such condit(on, or any part thereof, be declared (nvalid or unenforceaWe by the final judgment of any court of competent Jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commfssion meeting of April 14, 1997. ~ _ _ ~j~~~ ~~/_ `~ CHAIRPERSON ANAH M CITY PLANiJING COMMISSION ATTEST: _ ~.~ynn, ~n , ~0~'QR~.6 SECRETARY, IANAHEIM CITY PLANNING COMMISSION ,.J ~_ PC97-39 ~r ,y~p~ STATE OF CAJFORNIA ) GOUMY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdorio, Secretary nf twe Anaheim City P~anning Commission, do hereby certrfy that the foregoing resdution was passed and adoptad at a mseting of the Anaheim City Planning Commission held on Aprii 14, 1997, by the foliorwtng vote of the members thereaf: A'YES: COMMISSfONERS: 80S7WI~K, BOYD;iTUN, BRISTOL, HENNINGER, ti1AYER, MESSE, PERA.ZA NOES: COMMISSfONERS: NONE ABSENT: COMMISSIONERS: NOtdE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~ 1997. ~ SECRErAR , ANAHEIM CITY PLANNING COMMISSION ~_ PC97-39