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Resolution-PC 99-189RESOLUTION NO. PC99-189 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4151 BE GRANTED FOR ONE YEAR TO EXPIRE OCTOBER 25, 2000 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: PARCEL 1, AS SHOWN N A MAP FILED IN BOOK 58, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 1999 at 1:30 p.m., notice of said public hearing having been duly given as re~uired 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 the hearing was continued from the Commission meeting of October 11, 1999; 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 far which a conditional use permit is authorized by Anaheim Municipal Code Section 18.110.100.050.0505 to permit an automotive repair facility for the restoration of minor auto body damage. 2. That the proposed use is located in Development Area 5"Commercial Area" of the Northeast Area Specific Plan No. 94-1. 3. 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. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the tra~c 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 because the street ingress and egress to this facility is designed to accommodate more than what is proposed. 6. That granting of this conditional use permit, under the conditions imposed, wili not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVlRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an automotive repair faciliiy for the restoration of minor auto body damage on an irregulariy-shaped 6.4-acre property located south and east of the southeast corner of La Palma Avenue and Kraemer Boulevard, having frontages of 281 feet on the south side of La Palma Avenue and 127 feet on the east side of Kraemer Boulevard, being located 440 feet east of the centerline of Kraemer Bouievard and 650 feet south of the centerline of La Palma Avenue, and further described as 3148 East La Palma Avenue #C; and does hereby approve the Negative Declaration CR3794pk.doc -1- PC99-189 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and fu~ther 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit for one year, 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 proposed Condition No. 1 was de/eted at the Planning Commission public hearing. 2. 7hat there shall be no vehicie rental or sales at this property. 3. That window signage shall not be permitted. 4. That no freestanding signs shall be permitted. 5. That no banners or other advertising shall be displayed and that no special event permits shall be issued for this aute repair business. 6. That wall signage for subject facility shall be limited to that which is shown on Exhibit No. 3 (photograph) submitted by the petitioner and approved by the Planning Commissior,. Any additional signage shall be submitted to the Planning Commission for review and approval as a "Reports and Recommendations" item. 7. That street address numbers shall be painted on the roof in color contrasting to the roofing material and to the specifications of the Anaheim Police Department. 8. That the developer shall submit a Water Quality Management Plan (WQMP) specificaliy identifying the best management practices that will be used on-site to controi predictable pollutan:s from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approvel. 9. That the hours of operation shail be limited to 5:00 a.m. to 8:00 p.m., Monday through Saturday. 10. That subject use permit shall expire one (1) year from the date of this resolution, on October 25, 2000. 11. That prior to commencing operation of this busir~ess, a valid business license shall be obtained from the City of Anaheim, Business License Division. 12. That a tra~c signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as established by Ciry Council. 13. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 14. That the storage or overnight parking of vehicles, vehicle parts, or business-related materiais and all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no vehicie body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. 15. That there shall be no outdoor storage in any required parking area. 16. That the developer shall pay a traffic and transportation fee to the City of Anaheim, Tra~c Engineering Division, in the amount established by the City Council resolution. This fee will be used to fund tra~c and transportation improvements within this area impacted by this project. Said fee shall be subject to adjustment by the City Council. CR3794PK.DOC -2- PC99-189 ~ 17. That subject property shall be developed substantially in accordance with plans and specifica6ons submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. 18. That prior to the commencement ofi the activity autholza~ uy this resolution or within a periad of three (3) months from the date of this resolution, whichever occu~s first, Condition Nos. 7, 8, 12, 13, 16 and 17, above-mentioneJ, shall be complie~ with. . 19. 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 inctude any actior. or 6ndings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. SE 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. Should any such condition, or any part thereof, be declared invalid or unenforceable by the 5nal judgment of any court of competent jurisdiction, thPn this Resolution, and any approvals herein contained, shall be deemed nuii and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 1999. ~ ~~g- ~~ C.~./\. i~~GC.v~C~.~-~./ CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION ATTEST: / V~(AA~-~i~~a~(.1 !XJ '"`''~ SECRETARY, AN EIM CITY PLANNING COMMISSION STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. • CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoin~ resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 25, 1999, by tne following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMIBSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD, BRISTOL ~ ~, I~, ,~N WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~L;, 1999. a ~~~ SECRETARY, NAHEIM CITY PLANNING COMMISSION CR3794PK.DOC -3- PC99-189