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Resolution-PC 99-112P.ESOLUTION NO. PC99-112 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4129 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in ihe City of Maheim, County of Orange, State of California, described as: PARCEL 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 297 RECORDED MA ~' 16, 1994 AS INSTRUMENT NO. 94- 0335958 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALtFORNIA, WHEREAS, the City Planning 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 an~ (n accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider uvidence for and against said proposed cnnditionai use permit and to investigate and make findin~s and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, (nvestigation and study made by itself and in its behalf, and after due consideration of ail evidence and reports offered at sa(d hearing, does tind and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is aut-+orized by Anaheim Municipal Code Sections 18,61.050.135 and 18.61.050.145 to permit a retail and wholesale flooring company within an industrial complex. 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. 3. That the size and shape of the site for the prcposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the p~ace, heallh, safety, and generai welfare because the proposed business compi(es with all appiicable ML(SC~ development standards, including Code requirements for minimum number of parking spaces. 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 tra~c fn the area. 5. That granting of this conditional uso permit, under the conditions imposed, will not be detrimental to the peace, heaith, safety and general welfare of the citizens of the City of A,~ahe(m. 6. That no one indicated their preser:;e at the public hearing in oppositfon to the proposal; and that no correspondence was received (n oppc si8on. CAUFORNIA ENVIRONME~ i AL ~~ IA~ iTy ACT FINDINC: That the Anaheim City Planning Commiss(on has reviewed ihe proposal to permit a retail and wholesale flooring company within an (ndustrial complex on a frreguiarly-shaped 21.6-acre property having a fror~tage of 45 feet on the west side of Pullman Street, a maximum depth of 2,265 feet and being located 38 feet west of the centoriinu of Crystal Drive (8030 East Crystal Drive, Building K); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of ths lead agency and that it has consfdered the Negative Declaratfon together with any comments rece(ved during the public review process and further findfng on the basis of the (nitial study and any comments received that there is no substantial evidence that the pr~Jecl will have a significant effect on the environment. CR3667PK.DOC -1- PC99-112 NOW, THEREFORE, BE IT RESOLVED that 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 Anaheim: 1. That trash storage areas shall be provided and maintained in a location acceptable to the Pubiic Works Department, Streets and Sai~it2!ion 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 readi{y identifiabie from~adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materiais such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specificaliy shown on the plans submitted for building permits. 2. 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. 3. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained fo the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 4. That wall signs for this building shall comply with all signing requirements of the ML(SC) "Limited Industrial-Scenic Corridor Overlay Zone a~d with the CC&R's governing this industrial complex; and that no wall signs shall be visible to eitFier the SR91-Riverside Freeway or the Santa Ana River channel. Plans for any signage shall be reviewed by the Zoning Division to determine that said wall signage is in compliance with applicable City Codes and the CC&R's. 5. That n., Special Event Permits shall be issued, and that banners and other advertising devices shall be not be permitted. 6. That any ground-mounted and roof-mounted equipment shall be subject to Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Overlay Zone. Any such equipment and the required screening thereof shall be specifically shown on the plans submitted for building permits. 7. That a valid business license shall be obtained from the Business License Division of the Finance Department. 8. That three (3) foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible to any street or adjacent property. 9. The proposed Condition No. 9 was de/efed at the Planning Commission pubiic hearing. 10. Th3t 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 with the Planning Department marked Exhibit Nos. 1 through 4; and as conditioned herein. 11. That prior to issuance of a building permit, or prior to the commencr.ment of activity herein approved, or within period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8 and 10, 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. 12. That prior to the commencement of the activity herein approved, Condition No. 7, above-mentioned shall be complied with. 13. The proposed Cundition No. 13 was deleted at the P/anning Commisslon public hearing. CR3667PK.DOC -2- PC99-112 ~ 14. 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 appiicable City, State and Federal regulations. Approval does not include any action or findings as to complfance 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 prer:Ecated upon applicanPs compiiance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or ur.enforceable by the final judgment of any court~of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nullland.void. THE FOREGOING RESOLUTION wa aq~opt at t¢t~~,fa~q~ning Commission meeting of June 21, 1999. I , / Y/ ATTEST: ~ . ll2QQn.~~tc~ O~Rce' SECRETARY, ANAC711EIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the F,naheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 21, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _ ~~~~ 1993. • - i~ia~e~z~e~ S~ SEC ETpRYI/ANAHEIM CITY PLANNING COMMISSION CR3667PK.DOC -3- PC9?-112