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Resolution-PC 98-146RESOLUTION NO PC98-146 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3545, AND AMENDING CERTAIN CONDITfONS OF APPROVAL OF RESOLUTION MO. PC92-113, AS AMENDED AND ADOPTED THEREWITH WHEREAS, on September 21, 1992, the Anaheim City Planning Commission adopted Resolution No. PC92-113 to approve Conditionai Use Permit No. 3545 and permit outdoor instailation of alarms and stereos and a batting cage in an existing retail center (indoor swap meet) for a period of one year, and with waiver of permitted outdoor uses; and that sa(d use permit has subsequently been amended to modify the permitted uses and to gr2nt a time extension; and WHEREAS, the last time extension was granted under Resolufion No. PC95-94 for three years to expire on September2l, ?998 (Condition No. 1); and WHEREAS, this property is currently developed with an indoor swap meet in the CL (Commercial, Limited) zone (Anaheim Indoor AAarketplace); that thie property is designated for General Commercial land uses by the Anaheim General Plan; and that the property is located in the South Anaheim Boulevard Redevelopment Area; and WHEREAS, the petitioner has requested, pursuant to Code Section 18.03.093 of the Anaheim Municipal Code, that Reso{ution No. PC92-113, as amended, be further amended to exoand the outdoor uses to include installation of automobile accessories and upholstery, auto detailing, and storage of plant materials in 5,679 sq.ft. of outdoor area in conjunction with the previously-approved indoor swap meet; and also that Condition No. 1 of this conditional use permit be amended to reinstate the use for an additional period of time; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 14, 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 end against safd proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the facts necessary to support the issuance uf this permit still exist. 2. That this conditionai use permit is being exercised (n substant(ally the same manner and in conformance with conditions and stipulations origi~ially appR~s:ved, and in a manner that is not detrimentai to the particular area and surrounding land uses. 3. That the proposed amendment to add outdoor uses consisting of the installation of automobile accessories and upholstery, auto detailing, and storage of plant materials in 5,679 sq.ft. of outdoor area is conditionally permitted under authority of Code Sections 18.44.050.085 and 18.44.050.240. 4. That the existing operation and proposed expansion wfll not adversely affect lhe adjoining land uses and the growth and develo~,ment of the area. cr3432MS.DOC -~i PC98-146 5. That the size and shape of the property is adequate to allow fuil development.of the proposed uses. 6. That the traffic generated by the proposed uses wili not impose an undue burden upon the streets and highways designed to carry ihe tra~c in the area: 7. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA EM1lVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3545 is adequate to serve as the required environmentai documentation in connection with this request upon finding that the declaration reilects the independent judgment of the lead agency and that it has considered the previousiy approved Negative Deciaration 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 substantiai 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 approve expansion of the previously-approved outdoor uses to inc~ude the installation of auto accesso~ ies and upholstery, auto detailing and the storage of plants in 5,679 sq.ft. of outdoor area, and does therefore amend Resolution No. PC92-113, adopted in connection with Conditional Use Perm;! No. 3545 and previously amended, to add the following conditions: 10. That the proposed outdoor uses shall be limited to installation of auto alarms, stereos, window tinting, tire rims, auto accessories, upholstery and auto detailing, and to the outdoor storage (oniy) of plant materials; and that at no time shall the mechanical repair of vehicies or paint and body work be permitted. 11. That the outdoor installation shall be screened from view at all times, to the satisfaction of the Planning Department. 12. That there shall be no outdoor storage of tools and equipment relating to the outdoor installation operations, unless approved by the Planning Department. 13. That the property owner shall pay the cost of Code Enforcement inspections as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances la~vs or regulations. 14. That within a period of three (3) months from the date of this resolution, the legal property owner shali provide the City of Anaheim with an easement which varies in widl{i and is in a iocation to be determined when electrical design is completed for public utility purposes. 15. That the un-permitted trailer located on the east side of tne building shail be removed. 16. That the existing screen fence ~ocated to the west of the proposed outdoor uses shall be interwoven with PVC slats, and that "scrim" shall be provided on the back side of the fence to screen the proposed and existing work area from the public's view. Said screening shall be subject to Zoning Division approval. The decision of the Zoning Division may be appealed to the Planning Commission and/or City Council. "~ ;iat within a period of one (1) month from the date of this reso~ution, Condition Nos. 15 and 16, above mentioned, shall be complied with. -2~ PC98-146 18. That prior to commencement of the activities herein approved, subJect property shal( be developed substantially in accordance wifh plans and specifications submitted to the City of Anaheim by the pelitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herefn. 19. That any dancing or other activities on the property in violatio~ of Sections 7.16.OG0 and/or 18.89 of the Anaheim Municipal Code shall be prohibited. Condition No.1 ofDsa d Reso uR nHNo. PC 2~1 3E astpae iouslyi amend d~~ onrelnstate thfs condt o zmuse permih 1. That this conditionai use permit shall expir n April.2 ,~ 01, or in conjunction with the closing o~ the indoor swap meet, whicheve occu~s first. THE FOREGOING RESOLUTIO ~ ado ted t Planning Commission meeting of September 14, 1998. . ~,u, CHAIRPEft t~, A M CITY PLANNING COMMISSION ATTEST• ~~ SECRETARY NAHEIM CITY PLANNING COMMISSION STATE ~F CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) • I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that ihe foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 14, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this aq~ day of ~ , 1998. l (~ SECRETARY, A HEIM CITY PLANNING COMMISSION "3' PC98-146