Loading...
Resolution-PC 98-62RESOLUTION NO. PC98-62 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4012 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Cor.ditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, described as: THAT PORTION OF THE SOUTH HALF OF LOT 7 OF THE GOLDEN STATE TRACT NO. 2, AS SHOWN ON A MAP RECORDED !N BOOK 4, PAGE 68 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFOr~NIA, DESCRIBED FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH tiALF, BEING ON THE WESTERLY RIGHT OF WAY LINE OF CYPRESS AVENUE, ALSO NORTH 89° 60' 00" WEST 53.00 FEET FROM THE CENTER LINE OF SAID CYPRESS STREET; THENCE NORTH 89° 06' 00" WEST 269.53 FEET ALONG SAID NORTH LINE; ThIENCE SOUTH 0° 00' S0" WEST 233.81 FEET PARALLEL WITH THE EAST LINE OF SAID I.OT 7 i O THE NORTHERLY RIGHT OF WAY LINE OF THE HOUSTON FREEWAY; 7HENCE NORTH 75° 49' 58" EqST 198,55 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO AN ANGLE POINT; THENCE NORTH 44° 36' 28" EAST 99.70 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT OF WAY LINE OF CYPRESS AVENUE; THENCE NORTH 3° 39' 50" EAST 110.23 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 100 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 37, 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 conditionai use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 13, 1998 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigalion and study made by itself and in its behalf, and aker due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: • 1. That the proposed use is properiy one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.135 to permit and retain a retail carpet store in the ML (Limited Industrial) Zone. 2. That the use is hereby approved for a period af one (1) year from the date of this resolution, unti( April 27, 1999. 3. That the use is existing and has not adversely affected the adjofning land uses and the growth and deNelopment of the area in which it is located. 4. Thac the size and shape of the site for the proposed use is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 5. That the traffic generated by the use has not imposed an undue burden upon the streets and highways desipned and fmproved to carry the traffic in the area. CR3263PL.DOC -1- PC98-62 6. That granting of this conditional use permit, under the conditions imposed, will ~iot be detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anaheim. 7. 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 and retain a retail carpet store in the ML (Limited Industrial) Zone on a 0.61-acre parcel having frontage of 110 feet on the west side of State College Boulevard, a maximum depth of 169 feet, and being located 350 feet south of the centerline of Via Burton Streat (1423 North State Collsge Boulevard); and does hereby approve the Negative 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 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 sig~ificant effect on the environment. IdOW, THEREFORE, BE IT RESOLVED that the Anahsim City Planning Commission does hereby grant subject Fetition 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 preseive the safety and general welfare of the Citizens of the City of Anaheim: 1. That the two (2) trailers located at the rear of the property shall be removed. 2. That there shali be no outdoor storage or display of materials at any time. 3. That any Special Event Permit approved in conjunction with this business shall be for banners and additional advertising only. No outdoor sales or displays shall be permitYed in conjunction with special events on this property. 4. That within ninety (90) days of the completion of construction of the Riverside (SR-91) Freeway on-ramp, the on-site landscape and paricing areas shall be refurbished per Code requirements pertaining to required landscaping and improvement of required parking areas. 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. This property shall thereupon be developed and maintained in conformance with said plans. fi. That any signs (other than the existing painted wall signs) shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and Recommendations" item. 7. That subject use permit shall expire one (1) year from the date of this resolution, on April 27, 1999. 8. That the property owner shall pay the cost of City Code Enforcement inspections as often as necessary until the subject property is brought into compliance with the conditions of this resolution, or as deemed necessary by the Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws and regulations. 9. That trash storage areas shail be provided and maintained in a location acceptabls to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for Public Works Department, Streets and Sanitation Division, for review and approval. 10. That a plan sheet for solid waste storage and coilection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. "Z" PC98-62 11. That an on-site trash truck tum-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained ta the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-araund area shall be specific~lly shown on plans submitted for Public Works Department, Streets and Sanitaticn Division, for review and approval. 12. That tihe property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removai of trash or debris, and removai of gratfiti within twenty four (24) hours from time of occurrence. 13. That within a period of thirty (30) days from the date of this resolution, Condition Nos. 1, 5, 9, 10 and 11, above-mentioned, shall be completed. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 15. 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 applicable City, State and Federal regulations. Approval dues not include any action or findings as to compliance or approval of the request regarding any other applicable ordinances, regulation or requirement. BE 1T FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and ali of the conditions hereinabove set forlh. Shouid any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvais herein contained, shali be deemed null and void. THE FOP.EGOING RESOLUTION was adopted at the Planning Commission meeting of April 27, 1998. ---~~.~ . ' ~l-c-~.~' ~ ~?~ -c s?! CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: ~D~~Cd' SECRETARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF URANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim Ciiy Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on Aprii 27, 1998, by the following vo4e of the membe~s thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITNESS WHEFtEOF, I have hereunto set rny hand this C~7~' day of ~, 1998. • . 5~~~~T' SECRETARY, AHFIM CITY PLANNING COMMISSION -3- PC98-62