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Resolution-PC 97-85~ ~ RESOLUTION N0. PC97-85 A RESOLUTION OF THE ANAHEIM CITY PLANNING COWiMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3943 BE GRANTED WHEREAS, the Anaheim Ciry Planning Commission did receNe a verfifi~ed Petition for Conditional Use Permft fc:~ certain real property s!tuated in the City of Anaheim, Counry of Orange, State of Calffomia, described as: PARCEL 1: LOT 7 AND TFIE WEaTERLY 8.00 FEET OF LOT 6 IN BLOCK 1 OF THE ENTERPRISE TRACT, IN TFiE CITY OF ANAHEIM, COUNTY 0~= ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 89 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECOROER OF SAID COUNT`f. PARCEL 2: AN EXCLUSIVE IRREVOCABLE EASEMENT FOR THE GENERAL PURPUSE OF ADVEATISING AND DISPIAY OVER THE EASTERLY 15.00 FEET OF THE WESTERLY 23.00 FEET OF THE NORTHERLY 33.00 FEET OF LOT 6 IN BLOCK 1 OF ENTERPRISE TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 89, OF WIISCELLANEOUS MAPS, IN THE OFFI:E OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Ciry Pfanning Commission did hdd a public hearing at the Civic Centor in the City of Anahelm on June 23, 1997, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and cons{der evidence for and against said proposed condftional use permit and to investigate and make 8ndtng~ and recommendations fn connection therewfth; and WHEREAS, said Comm(ssion, after due inspection, irnestigation and study made by ftself and in fts behalf, and after due consideratlon of all ev(dence and reports offered at said hearing, does find and determine the fdlowing facts: 1. That the propc~sed use is properly one for which a condftional ~:p "~~^'Q' ~s au,fhar'ze~l by Anaheim Municipal Co~e 8ection 18.h5.050.085 to retain a fu~i service automotivri repair faciifry; 2. That the proposed use, cons(sting af tire Installation a~nd sutomotive repair in the'^G "Commerciai, Gere~al' Zone, is properly one for which a conditional use permR is authorized by ttio Zoning Ccrle; CR2956PLWP "~' PC97-85 ~ ~ 3. That the t(re sales/installation and automotive repair use, as condftioned and when operating in cor~c~nca wfth all pertineM Code requiremeMS, will not aclversely affect the adjoining land uses nor the peace, health, safery and generai weifare; arxi that the use is currenUy sxisting and has not caused a signf~cant adverse impact although several Code vtdations have been identffied and this property therefore ts funher conditioned to fnsure a better physical environment and com~liance wfth Code requirements; 4. Tha! the size and shape af the subjec: property and existing building is adequate to allow the full development oF the tire salas/instaltation and automotive repair use in a manner not detrimental to the particular area nor to the peace, heaith, safery and general welfare; 5. That the traffic generated by the proposed use will not lmpose an undue burden upon the streets ar~d highways designed and imprpved to carry the tra~c in the area because no adverse (mpacts pertaining to traffic have been ideniffied in connection with the existing use; 6. That the graMing of the conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the cftizans of the Ciry of Anaheim; 7. That no one indicated their presence at said public hea~ing in opposftion; and that no correspondence was recehred in opposftion to the subject petftion. CAUFORNIA ENVIRONMENTAL QUAUTY ACT FIM1j' !N : That the Anaheim City Planning Commission has reviewed the proposal to retain a full service automotive repair faciliry on a 0.26-acre rectangula~ly-shaped parcel whlch has a frontage 55 feet on the south side of L(ncoln Avenue, a maximum depth of 194 feet an~ Is located 300 feet west of the cente~iine of Harbor Boulevard (524 West Uncdn Avenue - Goodyear Tires); and does hereby approve the Negative Declaration upon flnding that the dedaration reflects the independent judgement of the lead agency and that R has considered the Negative Dedarat(on together with any comments received during the public review process and further flnding on the basis of the inftial study and any comments receNed that there is no substantial evidence that the proJect will have a sign~icant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim ~ity Planning Commission does hereby grant subJect Pethion for Condftfonal Use Permit, upon the fdlowing condftfons which are hereby found to be a necessary prerequisfte to the proposed use of the subject property in order to preserve the safery and genera~ welfare of the CEtizens of the Ciry of Anaheim: 1. That the existing trash storage area shall be refurbished to the satisfaction of the Publfc Works Department, Streets and Sanitation Division, to comply with m(nimum standards, fnGuding the installation of wooden or metal gates to screen bins from vfew. 2. That no oucdoor storage of, display of, or work on vehicles or vehicular parts, shall be permhted, and t6~at all existing outdoos displays. (ncluding tire displays and outdoor storage of oil drums, shall be removed; and that no outdoor work shall be conducted at any time. 3. That any on-site publfc telephones shall be located inskie the building. 4. That the owner of the subJect property shall be responsible for the removal of any on-sfte graffiti wfthin twenry four (24) hours of fts appl~cation. 5. That no banners or other advertising shall be displayed wfthin the senrice bays visible from the public right-of-way unless a valid Special Events Permft has been obtafned. -2- PC97-85 ~ ~ 6. (a) 'fhat any tree, shrub, or flower pianted on-site shall be replaced in a timely manner fn the event that it is removed, damaged, diseased, and/or dead; and (b) That any trees or other landscape materfal shall not be unreasonably trimmed to increass visibilfry of the facility. 7. That the corrtinued use of rivo (2) holsts located beneath the buGd(ng canopy shall be permhted for minor service and tire replacement only. 8. That ~he bustness shall operate (n corifarmance wfth 2he following: Type of business: Tire sales, Installation, service arxi general automotive repafr Business hours: 7 a.m. to 9 p.m., Monday through Saturday 9 a.m. to 4:00 p.m., Sunday Number of em~loyees: PAaximum flve (5) at any one time 9. That automotive vehicle repafr, Including the sales and installation, repair, and/or repiacement of: tires, suspenslon systems, mufflers, elect~icai syst9ms, fuel systems, brakes, glass, car stereos, auta parts and accessories, tune ups, lube and oil changes shali be the primary use of this property. The tRrm 'atrtomotlve vehicle' shall be Iimfted to automobL'es (typical passenger cars), 2-axle trucks, not exceeding ten thousand (10,000) pounds gross weight, and in nt I recreatfonal veh(cles. That the fn I repafr, overhaul ~nd/or replacement of transmissions and engines shall be permitted, Automotivo body work, upholstery and palnting hs ali not be permitted. 10. That the unpermftted attachments on the existing fteestanding pole sign shail b~ removed. 11. That the four (4) existing angled parking spaces at the north port(on of the property shall be removed. 12. (a) That the hoist at the rear of the property shall be remrned; arsd (b) That the chatn Iink endosure at the re~ar portion of tho property shall be reduced to enclose the a(r compressor and that sald compressor shall comply wfth State of Ca~ffomia safiety pressure codes. 13. That the west side of tho building shall be pafMed. 14. That plans shall be submitted to the City Traffic and Transportation Manager for revlew and approval showing co~ormance with the latest rev(sion of Engineering Standerd Plen Nos. 436 and 602 pertaining to parking standards. SubJecc property shall thereupun be developed and maintained in coMormance wfth sald plans. 15. That all paved parking areas shall t~e rgp~i~d,, ~g8~1~$; r~urtaced' ar~d reaQ[}i~ed (or parking, subject to the revlew a~d appeowal of the Ci~Y/ Tr~Jfll~ end ?F'~^portatJqn f,hanag~r. (Proposed CondJUon 'ltlo. ~~ was ~d+eiet~fB~Jiiilnfy the PA~n(~Tr~q G~i~7nrr~lss/o~ pubYl~ ~i9e~ing.) (Proposed Condltlon No. 17 wa~• d~,l~tgci ,1Ld`~np the ~/~rtfng E~B//llyl/88~'tin publlc hearing.) 18. That regula~ly-schedule~' pr@~eny mairrtenar~°":~ I~d4de IN~~r and ~~ rertwval to ensure the neat and orderly appear2,^~ of the property ac aNv,nes. 19. Thai s(gnage for the subject teclllty ~ItalP be limtc~sl to vha~c wh(ch is cuRently permitted by valid sign permits. My addftional ~ipt~~e sha11 be aub~jecc t~ lF~ F~view;~-x1 approval by the Planning Commission as a'Reports a~rl R~aco~„nendatlaiis' (tem. 3- PC97-85 ~ ~ 20. That the subJect property shatl be developed substaMially (n accordance wfth pians and spec~ications submftted to the City of /U~aheim by the petftloner and which plens are on flle with the Plannfng Department rr~srked ExhibR Nos. 7 arxi 2, ared as condftioned herein. 21. That wfthln a period of thirty (30) days from the date of this resdution, Condition Nos. 2 and 1Q, above menttoned, shall be complied wfth. 22. That within a poriod of G moMhs, Condftion Nos. 1, 10, 11, 12, 13, 14, 15 and 20, above mentioned, shall be compiled wfth. 23. That window sfgns shall meet Code requiremeMs. 24. That approval of thfs applicatlon constftutes approval of the proposed request only to the exterrt that it comp8es wfth the Anaheim Mun~ipal Zoning Code and any other applicabie Ciry, State and Federal regulations. Approval does not Indude any action or flndings as to compilance or approval of the request regarding any other appiicable orrjinance, regulatfon or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planntng Commisslon does hereby ftnd and determine that ~doptlan of this Resolucion is expressly predicated upon appllcar~Ys compl4~nce with each and all of the condftions hereinabove set foRh. Should any such condition, or any part thereof, be declared imralkl or uneMorceab~e by the flnal Judgment of any court of competeM jurisdiction, then this Resolutlon, and any approvals h~rein cor:tained, shatl be deemed null arxi void. THE FOREGOING RESOLUTION was adopted at the Plann(ng Comrnlsslon meeting of June 23, 1997. /l~cG-C~ t~~3-~YCk r'.-f ~ CHAIRPERSON ANAFiEIM CITY PIANNING COMA,IISSION ATTEST: ~W~ SECREI'ARY, AN EIM C~TY PLANNING COMMISSION STATE OF CALIFORNIA ) CO~NTY OF ORANGE ) ss. CITY OF ANAHEIM , ) I, Margarita Sdorio, Secretary of the Anaheim City Planning Commissfon, do hereby certi(y that the foregoing resolutlon was passed and edopted at a meeting of the Anaheim City Planning Commission held o~ June 23, 1997, by the fdlowing vate o( the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: CO~AMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _~. 1997. ~Cl~d SECRETARY, ' EIM CITY PLANNING COMMISSION .q. PC97-85