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Resolution-PC 97-60~ ~ RESOLUTION NO PC97~0 A RESOUJTION OF THE ANAHEIb1 CITY PLANNING COMMISSION TMAT PETITION FOR CONDITIONAL l1SE PERMIT NO. 3931 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a ver'rfied Petition for Condftional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Calffom(a, described as: PARCEL NO. 8, AS SHOWN ON A MAP FILED IN BOOK 88, PAGE 213 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Ciry Planning Commission did hold a public hearing at the C(vic Center in the City of Anahe(m on May 12, 1997 at 1:30 p.m., notfce of said public hearing having bgen duly given as required by la~ and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider ev(dence for and against said proposed conditional use permit and to investigate and make flndings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspect(on, investigation and study made by itself and in its behalf, and after due conside~ation of all evidence and reports offered at said hearing, does flnd and determine the following facts: 1. That the proposed use is properfy one for which a condftiona! use permft is authorized by Anahefm Municipal Code Section 18.61.050.070 to permft an automobile and marine repair facility within an existing 9,908 sq.ft. fndustrial building wfth waNer of the following: Sections 18.06.050.0212 - Minimum number of r~arkina soaces. 18.06.050.0222 (~4 required; 24 spaces proposed and recommended for approval ~g, , by the Ciry Traffic and Transportation Manager) and 18.61.066.050 2. That the parking waNer, under the conditions imposed, will nAt cause iewer off-street parking spaces to be provided for such use than the number of such spacES necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable condftions of operation of such use because the submitted parking analysis ind(cates that the proposed site has more than twice as many parking spaces as provided for the existing locatton and, furthermore, the parking demand survey indicates that the parking spaces at the existing site are under-ut(iized; ~. That the mafn parking lot (17 spaces) is physically separated from the adjacent parking lot, the 17-space lot is more than adequate to accommodate the projected future peak demand (10 spaces), 7 more spaces are available along the north skle of the building vfa the Simpson C(rcle drfveway, and ft is unlikely that park(ng will encroach onto adJacent properties because of the ample parkfng; 4. That the waiver, under the corxiftfons imposed, will not in~crease the demand and competkion for parking spaces on pubiic streets in the fmmediate vicinity of the proposal because no evidence of parking encroachment onto nearby publ(c streets was observed during parking surveys of the existing business location and there is no reason f4r encroaching because the on-sfte parkfng lot provides ample parking as indicated in the parking anai~qsis; that the proposed site is loc~ted at an intersection with access driveways on both Winston Road and Simpson Circle, and the maJoriry of pro~ect traffic wiil utilize the drNeway on Winston Road to access the main parking lot; and that the extremely small vdume of parking traffic (4 to 5 vehfcles) wiil not f`npede traffic into and out of the adjacent properties; CR2911 PLWP -~- P~~~ ~ ~ 5. That the waNer, under the conditions imposiedthe immediate v c(niEy of he proposed competition for parking spar.es upon adjacent prNate property use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code): 6. That the waNer, under the condftlons imposed, will no[ increase traffic congestion wfthfn tha off-street parking areas or lots provided for such use because the proposed on-site parking lot has been property deslgned to eliminate potential traffic circulatfon congestion and that the pa~rking lot is easily accessible ftom either Winston Road or Simpson Circle; 7. That the waNer, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the pubUc streets in the immediate vicin'ity of the proposed use; 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which ft is proposed to be located because the repair work wiil be conducted inside the building; 9. 7hat the size and shape of the sfte for the proposed use is adequate to allow the full development of the proposed use in a rnanner not detrimental to the particular area nor to the peace, health, safety and general welfare; 10. That the tra~c generated by the propose~ use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because tfiis facilfty is 4,800 square feet larger than the present location in the Ciry of Anaheim and no business expansion or increase in employees is anticipated; 11. That the granting of the condftional use permit. under the condftions imposed, will not be detrimental to the peace, liealth, safery and general weifare of the citizens of the Ciry of Anaheim; and 12. That no one indicated their presence at said public hea~ing in opposkion; and that no carrespondence was recetved in opposition to the subject petition. ~ALIFORNIA ENVIRONMENTAL QUALIT~ ACT FINDING: That the Anaheim Ciry Planning Commission has revi2wed the proposal to permd an aucomobde and ~marin i~~t~fon t e noni!saast comer 9,908 s q.ft. indusMal building on a 0.57-acre rectangularly-shaped P PertY of Simpson Circle and Winston Road, and having frontages of 134 fee t on S( m pson Circle and 101 feet on Winston Road (2411 East Winston Road); and dces hereby approve the NegatNe Declaration upon Flnding that the declaration reflects the independent judgement of the lead agency and that ft has considered the NegatNe Declaratfon together with any comments receNed during the ~ublic review process and further flnding on the basis of the initial study and any comments receNed that there is no substantial evide~ce that the proJect wili have a signfficant eftect on the ernironment. NOW, TliEREFORE, BE IT RESOLVED that the Anaheim City Planning CAmmission does hereby grant subJect Petftion for Condftional Use Permft, upon the fdlowing condk~lo~ns~e o p eservee the found to be a necessary prerequisite to the proposed use of the subject properry safery arxl gsnaral welfare af the Citizens of the C'rty of Anaheim: ~. That no outdoor stora9e ~f, display of, or worlc on vehicles or veh~ular parts shall be permitted• 2. That no banners or other advertising shali be displayed wfthin the serv(ce bays Sacing Simpson Circle. -2- PC97-60 ~~ ~ 3. That landscape maintenance shall be performed by a licensed arborist and the existing mature trees shall not be removed unless they are damaged, diseased and/or dead. That trees shall not be unreasonably trimmed to increase visibil'rty of the faciliry. 4. That no required parking area shall be fenced or othervvise enclo~ed for storage or other outdoor uses. 5. That the signs for ~ubJect facility shall be Iimfted to that which ts speciflcally shown on the exhibfts submitted by the petitioner showing one (1), four (4) fioot high by six (6) foot wide, monument sign. Wall signs shall be limited to the existing 'cabinet" sfgns on the south and west elevations or such other signs as may be rev~ewed and approved by the Planning Commission as a'Reports and Recommendations" item. 6. That the granting of the parking waiver is cont(ngent upon operatlon of the use in conformance with the assumptions relat(ng to the operation and intensity of use as cor,tained in the parking demand study that formed the basis for approvai of sai~ waNer. Exceeding, vidating, intensifying or otherwise deviating ftom any of said assumptions, as contained in the parking demand study, shall be deemed a vidation of the expressed corxlftions imposed upon said waNer which shall subject this conditionai use permft to termination or mod~ication pursuant to the prov(sions of Sections 18.03.091 anci 18.03.092 of the Anaheim Municipal Code. 7. That the existing rolling chain Iink fence located along Winston Road shall be replaced wfth a wrought iron fence~ In compUance with Cfry standards. 8. That the on-site landscaping and i~igation system shall be refurb(shed and maintained in complfance wfth Ciry standards. 9. That all existiny mature !raes shall be maintained except for one (t) tree adjacent to the south building elevation (Winston Road), which is causing building damage and which may tae removed and replaced with one (1), minimum fifteen (15) gallon sized, tree. 10. That a minirnum of twenty four (24) on-sfte parking spaces shall be maintained at aS times. 11. That the gated parking lot (to the east) shall remain uniocked and open during bus:ness hours to provide vehicular and pe~jestrfan access to required on-stte parking. 12. That the developer shall submR a water qualfty mana9ement plan (WQMP) speciFically identifying the best management practices that w{II be used on site to control pret3lctable pollutants from stormwater runoff. The W~MP shall be submftted to the Public Works Engineering Department, De~elopment Services DNision, for review anc~ approval. 13. That subject propercy shall be developed substantially in accordance wfth pians and specffications submitted to the Ciry of Anaheim by the petitinner and which plans are on file wfth the Planning Department marked Exhibft Nos. 1, 2 and 3, ar~d as conditioned herein. 14. That there shall be no auto body or palnting work permitted, as stipulated by the applicant. 15. That prior to commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, or within a period of o~e (7) from the date of this reso!u:ion, whichever occurs first, Condftion Nos. 5, 7, 8, 12 ar~ 13, above-mentioned, shail be complied with. Extenslons for further time to complete said conditions may be granted in accordance wfth Section 18.03.090 of the Anaheim Municipal Code. ~- PC97~0 ~ ~ 16. That approval of this application constitutes approval of the proposed request only to the e~ent that it complfes wfth the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval cices not include any action or Bndings as to compliance or approval of the request rega~ding any other applicabie ordinan~e, regulation or requirement. BE IT FURTHER RESQLVED that tha Anaheim City Plannir~g Commission does hereby flnd and determine that adoptlon of this Resdution is expresst;~ predicated upon applicanYs compliance wRh each and ail of the conditions hereirsabove set foRh. Should any such condition, or any paK thereof, be declared irnalid or unenforcea~le by the final Judgment of any court of competent Jurisdiction, then this Resolution, and any approvals herein contafned, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 12, 1997. CHAIRPERSQN ANAHEIM ITY PLANNING COMMISSION ATTEST: SECRETARY, ANA EIM CITY PLANNING COMMISSIQN STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. C!TY OF ANAHEIM ) I, Margarita Sdorio, Secretary of the Anaheim City Ptanr~ing Commission, do hereby certiiy that the foregofng resolution vias passed and adopted at a meeting of the Anaheim City Planning Comm(ssion held on May 12, 1997, by the fdlo~Ning vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSiONERS: MAYER IN ~'~ITNESS WHEREOF, I have hereunto set my hand this ~ day of ~, 1997. Y SECRETARY, A AHEIM CITY PLANNING COMMISSION ~_ PC97-60