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Resolution-PC 98-103RESOLUTION NO. PC98-103 A RESOLUTIUN GF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4024 BE GRANTED 4VHEREAS, the Anaheim City Planning Commission did receive a verified Petilion for Condilional Use Permit for certain real properly situated in the City of Anaheim, County of Orange, State of Califomia, described as: THAT PORTION LOT 25 OF ANAHEIM EXTENSION, AS SHOWN OiJ A MAP THEREOF MADE BY WILLIAM HAMEL AND FILED FOR RECORD IN THE OFFICE OF THE' COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBFD AS FOLLOWS: 6~GiNNI~JG AT THE INTERSECTION OF THE SOUTH LAND OF SAID LOT 25 AND THE :^.~~ST LINE OF THE SOUTHERN PACiFIC RAILROAD COMPANY'S RIGHT OF WAY; THENCE SOUTH 89 DEGREES 53' 45" WEST 297.00 FEET ALONG Sq~p SOUTH LINE OF LOT 25; THENCE NORTH 0 DEGREES 06' 15" WEST 348.66 FEET; THENCE NORTH 74 DEGREES 30' 00" EAST 193.78 FEET TO SAID WEST LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY 'S RIGHT OF WAY; THENCE SOUTH 15 DEGREES 30' 00" EAST 415.00 FEET ALONG SAID WEST LINE TO 7HE POINT OF BEGINNING. EXCEPT THE SOUTHERLY 50.00 FEET LYING WITHIN BALL ROAD. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 1998 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with tne 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 findings and recommendations in connection therewith; and that said public hearinp was continued from the June 8 and 22, 1998, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behaif, and after due consideration of all evidence and reports offerEd at said hearing, does find and determine the foilowing facts: 1. That the ~roposed use is properly one for which a condi;ional use permit is authorized by Anaheim Municipal Code Section 18.61.050.050 to permit and retain an automotive (golf carts) sales lot in an existing 28,047 sq. ft. industrial building, with ouldoor display. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that this business has been licensed for wholesale golf cart sales and service at this location since November 1997. 3. That the size and shape of the sile for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, heallh, safely and general welfare because th2 property and the existing building are large enough to conta(n the proposed facility, including the outdoor dispiay area, withoul requiring any Code w;iivers; and that, as conditioned, the site will have (ncreased landscaping more closely conforming with currenl Code requirements. CR3350PL.DOC -1- pC98-103 ~ 4. That 4he traffic generated by the proposed use wili not impose an undue burden upon the streets and highways designed and.improved to carry the traffic in the area. 5. That grantirg of this conditional use permit, under the condiiions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to this petition. CALIFORNIA ENVIRO~MENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit and retain an automotive (golf carts) sales lot in an existing 28,047 sq, ft. industriai building with outdoor display on a 1.24-acre, irregularly-shaped, property having frontage of 284 feet on the north side o~ Sall Road, a maximum depth of 360 feet and being located 480 feet east of the centerline of Technology Circle ("Yamaha Golf Carts" at 309 East Ball Road); and does hereby approve the Negative Declaraiion upon finding lhat the declaration reflects the independent judgment of the lead agency and ihat it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study 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 the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use ?~rmit No. 4024, upon the following conditions which are hereby found to be a necessary prerequisiie 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. That trash storage area(s) shall be provided and maintained in a location acceptable to the Pubiic Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffti opportunities by the use of plant materials such as clinging vines or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 3. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be maintained to the satisfaction of ihe Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for Streets and Sanitaiion approval. 4. That only light vehicle preparation and servicing shali be permitted, and that commercial repair or maintenance work for the genEral public shall not be permitted. Outdoor service or repair of any kind what-so-ever shall be prohibited. 5. That Special Events, including the display of flags, banners or balloons, at this industrially-zoned location shall be prohibited. 6. That landscaping and irrigation plans shall be submitted to the Zoning Division for revi~w and approval. Said plan shall show: (a) Specific Iandscaping materials for the outdoor display area, including clinging vines pianted on maximum three (3) foot centers adjacent to the west and south portions of tha chain link fence enclosing the storage area; and -2- PC98-103 (b) Additional landscaping adjacent to the south building elevation (a minimum af £ve (5) trees) and the east building elevation (clinging vines planted on maximum three (3) foot•centers for the first forty (40) feei northward from the southeast corner of the building); and (c) Refurbished landscaping; and (d) Ground cover and shrubs planted in the dirt area between the scale and the curb/gutter area adjacent to Ball Road. Said landscaping, including the irrigation facilities, shall be completed within forty five (45) days from the date of approval. Any decision made by the Zoning division regarding said landscaping and irrigation plans may be appealed to the Planning Commission and/or City Council. 7. Thai signage for subject facility shall be limited to that which is specifically shown on the photographic exhibits (showing t~vo (2) wall signs only) approved by the Planning Commission and on file with the Planning Department. All un-permitted signs shall be removed within one (1) month from the date of tiiis resolution. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendations" item. 8. That a maximum of three (3) golf carts shali be permitted in the outdoor display area shown, as on Revision No. 1 of Exhibit No. 1. The displayed golf carts shall not be elevated more than two (2) feet above the highest finished grade of the adjacent public right-of-way (Ball Road). 9. That all trash and debris, including discarded batteries, shall be removed from this site and the property shall thereafter be maint2ined in a clean and orderly condition at all times. 10. That subject property shail be developed substantialiy in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein. 11. That within one (1) month from the date of this resulution, Condition Nos. 7 and 9, above- mentioned, shall be compiled with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That within twa (2) months from the date of this resolution, Condiiion Nos. 1, 2, 3, 6 and 10, above- mentioned, shall be complied with. Extensions for further time to oomplete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That subject use permit shall expire on December 1, 2001. 14. That approval of this application constitutes approval of the proposed request only to the eMent that it compfies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance er approval of the request reyarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find a~d determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceabie by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nuil and void. -3- PC58-103 ~ THE FOREG~ING RESOLUTION was t at t annin mission meeting of July 6, 1998. CHAIRMAN AHE M Y LANNING COMMISSION ATTEST: c !C •' SECRETARY, A HEIM C1TY PLANNING COMMISSION 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 P_lanning Commission held on July 6, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, WILLIAMS MOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERAZA VACANT: ONE VACANCY SEAT IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of __~ 1998. CJ ~ r , ~.. . SECRET,4RY, A HEIM CITY PLANNING COMMISSION -4- PC98-103