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Resolution-PC 98-121RESOLUTION NO. PC98-121 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4049 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 1 AND 2, AS SHOWN ON A MAP FILED IN BOOK 215, PAGES 22 AND 23 OF PARCEL SVIAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 3, 1998 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 consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and _ WHEREAS, said Commission, after due inspeclion, investigation and study made by itself and in its behalf, and after due consid2ration of all e~iidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.445 to permit a towing and impound services facility including indoor and outdoor vehicle storage. 2. That the proposed use will not adversely affecl the adjoining land uses and the growth and development of the area in which it is proposed to be located because the impound operations will be screened, and the surrounding land uses are primarily industrial and commercial. 3. That the size and shape of the site for the proposed use is adequate to allow the fuil development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that Code-required parking will be provided on-site. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim because the operations wiil mainly be confined inside the building with minimal impound and towing operations outdoors. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a towing and impound services facility including indoor and outdoor vehicle storage on a 1.69-acre parcel having a frontage of 47 feet on the west side of Knollwood Circle, being located 450 feet northwest of the centerline of Woodland Drive, and further described as 1163 and 1165 North Knollwood Circle; and does hereby approve the Ne~ative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public rev(ew 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. CR3381 PL.DOC -1- PC98-121 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planniny Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite 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 areas shall be provided and maintained in a location acceptable to the Public 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 shail be protected from gra~ti opportunities by the ~se of plant materials such as clinging vines or tall shrubbery. Said informaEion shall be spec~fically shown on the plans submitted for Streets and Sanitation Division approval. 2. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply ~vith approved plans on file with said Department. 3. That a pla~ sheet for solid waste storage and collectio~ and a plan for recycling shall be suGmitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 4. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610, and shall thereafter be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for Streets and Sanitation Division approval. 5. That trash enciosure gates shall be installed to the satisfaction of the PubUc Works Department, Streets and Sanitation Division. Said information shall be specifcally shown on plans submitted for Streets and Sanitation Division approval. 6. That an eight (8) foot high masonry block wall shall be constructed and maintained adjacent to the south property line; provided, however, that the City Traffic 2nd Transportation Manager shall have the authority to reduce the height of the wail to protect visual lines-of-sight where pedestrian andlor vehicular circulation intersect. Clinging vines and minimum five (5) gallon sized shrubs (to eliminate graffiti opportunities) shall be planted in a mfnfmum two (2) foot wide landscaped planter on the outside of the wall where visibie to any private ar public street. Said shrubs shall be planted on maximum five (5) foot centers adjacent to said wall, and shall be irrigated and maintained. A maintenance access gate that is screened to the satisfaction of the Zoning Division of the Planning Department may be provided. 7. That a block wall and chain link gate, screened with PVC slats, shall be provided to screen and enclose the outdoor impound parking spaces at a location approved by the Zoning Division. Said information shall be specifically shown on plans submitted for Zoning Division approval. The decision of the "Loning Division may be appealed within ten (10) days of the decision to the Planning Commission. 8. That the existing above-ground fire line shall be screened from view with mature landscaping. Said information shall be specifically shown on plans submitted for Zoning Division approval. 9. That a landscaping plan for the entire site shall be submitted to the Zoning Division of the Planning Department specifying type, size and location of existing and proposed refurbished landscaping and irrigation for review and approval by the Zoning Division. Mature landscaping shall be retained in conjunction with this condition. The approved landscaping s;~all be installed within forty five (45) days of approval, and thereaker maintained in accordance with the approved plan. 10. That any tree, shrub or groundcover planted on-site shal~ be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. -2- PC98-121 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, repair of potholes, and removal of~ graffiti within twenty four (24) hours from the time of occurrence. 12. That signs for subject facility shall be limited ~o one (1) wall sign for each building in compliance with the sign regulations for the ML (Limited Industrial) Zone. Freestanding signs shall not be permitted and sign plans shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 13. That no outdoor storage of, dispiay of, or work on vehicles or vehicuiar parts whatsoever shall be permitted except for the outdoor storage of no rnore than five (5) impounded vehicles and/or tow trucks at 1?i5 North Knallwood Circle and a total of no more than three (3) impounded vehicles and/or tow trucks at 1163 North Knollvrood Circle, in the locations specified on Exhibit No. 1. 14. That within ninety (90) days from the date of this resolution, the property shall be cleaned of debris and the dilapidated fence repaired or removed. 15. That the building exteriors shall be re-painted. 16. That there shall be no loading or unloading of vehicles on the private street. No vehicles, whether operating or not, including tow vehicles, shall be parked, stored or displayed on the private street. 17. That there shall be no sales of parts or vehicles, auto repair, maintenance or auto dismantling permitted except for minor indoor incidental servicing such as oil changes of tow trucks. 18. That the instailation or use of any exterior intercom equipment shail be prohibited. 19. That no impounded vehicles or tow trucks shail be visible from off-site and none shall extend above the screen wall and/or gate. 20. That prior to commencing operation of this business, a valid business license shall be obtained °rom the City of Anaheim, Business License Division of the Finance Department. 21. (That Condition No. 21 was deleted at the P/anning Commission pu6lic hearing.) 22. (a) That for the prooertv at 1165 North Knollwood Circle, prior to commencement of the activity authonzed by this resoiution, or prior to issuance of a building permit, or within a period of one (1) year from lhe date of this resoiution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 7, 6 and 9, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 22. (b) That for the prooertv at 1163 North Knollwood Circle, Cordition Nos. 1, 3, 4, 5, 7, 8 and 9, above mentioned, shall be complied with within a period of two (2) years from the date of this resolution. Extensions for turther time to complete said conditions may be granted in accordan~e with Section 18.03.090 of lhe Anaheim Municipal Code. 23. That prior to final zoning and building inspections or prior to commencement of the actfvity authorized by this resolution, whichever occurs first, Condition Nos. 2, 6, 12, 15, 20 and 25, herein mentioned, shall be complied with. Extensions for further t(me to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 24. That within a period of ninety (90) days from the date oF this resolutfon, Condition No. 14, above- mentfoned, shall be completed. 25. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file wilh the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. -3- PC98-121 26. That prior to final building and zoning inspections far either building or prior to the commencement of the activity authorized by this ~esolution or, whichever occurs first, Condition Nos. 11 and 25, above-mentioned, shall be complied with. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicabie 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 FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Shouid any such ondition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of c mpetent jurisdiction, then this Resolution, and any approvals herein contained, shail be deeme ull and id. THE FOREGOING RESOLUTION w~do ed~~t ~~I Ping Commission meeting of August 3, 1998. ( ~ ~ ~ ATTEST• - . .. ... ..... .. . SECRETARY, NAHEIM CITY PLANNING COAAMISSION STATE OF CALIFORNIA ) CCUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoinp resolution was passed and adopted at a meeting of the Anaheim City Plsnning Commission held on August 3, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTNICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA NOES: COMMISSfONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~11 V ~ 1998. ~il ~ SECR TARY, NAHEIM CITY PLANNING COMMISSION '`~" PC98-121