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Resolution-PC 99-110RESOLUTiON NO. PC99-110 A t~E.: ~LUTION OF l'HE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4121 BE GRANTED FOR A PERIOD OF THREE AND ONE-IiALF (3-1l2) YFARS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP 79-268, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STA7E OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 162, PAGE(S) 13 AND 14 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planninc~ Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 1999 at 1:30 p.m., notice of said pubiic 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 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 proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030.010, 18.110.02.0202 and 18.110.050.050.0524 to permit and retain an existing automobile storage facility with a modular cffice unit. 2. That the proposed automobile storage is properly a use for which a conditional use permit is authorized by the Zoning Code in Development Area 1(industrial Area) of the Northeast Area Specific Plan, and that the modular office unit is not listed therein as being a permitted use. 3. That the proposed use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the outdoor storage of automobiies will be screened from the public right-of-way by an 8-foot high block wall with a 50 foot landscaped setback. 4. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner r.ot detrimental to the particular area nor to the peace, health, safety, and general welfare. 5. That the tra~fic generated by the proposed use will not impose an undue burden upon the streets and hiphways designed and improved to carry the traffic in the area, subject to the limitations set forth in the applicanYs letter of operation and the conditions imposed herein. 6. That granting of this conditional use pormit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfa~•e of the citizens of the City of Anaheim. 7. That the Community Development Department has cfetermined that the request for an automobile storage faciliry with an accessory modular office unit is compatible with the goals of the Alpha Northeast Area Redevelopment Project on an interim basis. CR3665PK.DOC -1- PC99-110 8. That rio one indicated their presence at the public hearing in opposition to the proposal; and that no correspor~dence was received in opposition. CALlFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City ~lanning Commission has reviewed the proposai to permit and retain an existing automobile storage facility with a modular office unit on a 4.65-acre, rectangularly-shaped prope ~ ry having a frontage of 330 feet on the north side of Miraloma Avenue and a maximum depth of 614 feet and being located 980 feet west of the centerline of Red Gum Street (2861 East Miraloma Avenue - California Auto Dealers Exchange j; and does hereby approve the Negative Declaration upon finding that the declaration reflects the indeperider.E judgment of the lead agency and that it has considered the Negative Declaration together with ai:y comments received during the pubf:c 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 ".~ve a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED thal the Anaheim City Planning 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.4naheim: 1. That the subject use permit shall expire on January 31, 2003. 2. That no customers or dealers ahall be permitted on site, and, that no sales shall be permitted on this property. 3. That no Special Events shall be permitted at this property. 4. That this storage facility shall be limited t~ automotive vehicles only in conjunction with the primary business, California Auto Dealers Excha~ge located at 1320 North Tustin Avenue. No other types of materials shall be stored on-site. 5. That gates shall not be installed across thP driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the Ciry Traffic and Transportation Manager. 6. That F'VC slats (or a comparable materiai approved by lhe Planning Department) sha_!~ be interwcven into the chainlink fencing along the west, north and east property lines where any exist~;~g slats are missing or in disrepair. All slais sh211 be mair.tained in good coridition at all times. 7. Thai the property shall be permanently maintained in an orderly fashion by provision of regular landscape maintenance, removal of trash or debris, ~nd removal of graffiti within twenty four f24) hours from the time of occurrence. 8. That pians shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shail thereupon be developeu and maintained in conformance with said pla~s. 9. That tra~h storage areas shall ae 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 a,~d screened so as not to be readily identifiable from adJacent streets or highways. Said information shali be specifically shown on the plans submftted for Planning Department and Streets and Sanitation Division approval. CR3665PK.DOC -2- PC99-110 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 11. That an on-site trash truci< tum around area shall be provided in accordance with Engineering Standard Detaii No. 610 and shall be shown on plans as required by the Street Sweeping and Sanitation Division. 12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 13. That the locations for any future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shali be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 14. That no signs what so-ever shall be permitted. 15. That a valid business license shall be obtained from the Business License Division of the Finance Department. 16. That three (3) foot high address numbers shall be displayed on the roof of the office in a contrasting color to the roof material. The numbers shall not be visible to the view from the public street. 17. That a maximum of twelve (12) cars per hour shali be transported to and from this facility; and that no transport~r trucks shall be utilized in conjunction with the drop-off or removal of automobiles at this facility. 18. That the existing bollards located fn the front setback area shall be refurbished and repainted. 19. That on-site maintenance of automobiles or trucks shall ~ot be permitted. 20. That subject property shali be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on fi~e with the Planning Department marked Exhibit Nos. 1, 2, and 3; and as conditioned herein. 21. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 5, 6, 8, 9, 10, 11, 13, 15, 16, 18, 20 and 23, herein mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordanca with Section 18.03.090 of the Anaheim Municipal Code. 22. That approval of this application constitutes approvai of the proposed request only to the extent that it compl(es 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 or approval of the request regarding any other applicable ordlnance, regulation or requirement. 23. That within a period of ~inety (90) days from the date of thfs resolution, the property owner shall stripe the lot to define veh(cuiar circulation and pave the lot where the automotive vehicles will be stored. 24. That the gates shall be closed when the busfness is not fn operation. CR366aPK.DOC -3- PC99-110 BE IT FURTHER RESOLVED that the Maheim 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 forlh. Should any such condition, or any part thereof, be daclared invalid or unenforceable by the final judgment aF any court of ompetent jurisdfction, then this Resolution, and any approvals herein contained, shall be med null a void. THE FOREGOING RESOLUTION dopt d a e nf mmission meeting of June 21, 1999. „ A'1'~EST: SECRETARY, A AHEI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ciN I, Margarita Solorio, Secretary of the Anaheim Cfty Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission heid on June 21, 1999, by the following vote of the members Yhereof: AYES: COMMISSIONERS: BOYDSTIlN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE F,BSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this /9'~ day of (~~~,~ 1999. ~ ~j~9'~et~J ~d(~R~ SECR TARY NAHEIM CITY PLANNING COMMISSION CR3665PK.DOC -4- PC99-110