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Resolution-PC 99-194RESOLUTION N0. PC99-194 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITION.~L USE PER:JIIT NO. 4161 BE GRANTED, IN PART, FOR FOUR (4) YEARS'f0 EXPIRE DECEMBER 31, 2004 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of Californi~, ~escribed as: PARCEL NO. 6, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 18 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 8, 1999 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 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 hea.ring, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit ?, authorized by Anaheim Municipal Code Section 18.110.070.050.0544 to estabiish an off-site automobile storage lot for an existing automobile auction facility with waiver of the following: Sections 18.06.040.010 - Off-street oarkina and loadinq reauirements. 18.06.040.020 and 18.110.070.110 2. That this property is located in Development Area 2"Expanded Industrial Area" of the Northeast Area Specific Plan No. 94-1. 3. That the waiver of off street parking and loading requirements is hereby denied on the basis that it was deleted foilowing public notification. 4. That the proposed use, as granted, will not adversely affect t~~e adjoining la~d uses and fhe growth and development of the area in which it is proposed to be located. 5. That the size and shape r,f the site for the proposed use fs adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general weifare. 6. That subject to the limitations set forth in the applicant's letter of operation and the conditions (mposed herein, the traffic generated by the prcposed use will not impose an undue burden up~n the streets and highways designed and improved to carry the traffic in the area. 7. 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. 8. That this use, as conditioned, will not have a detrimental impact on the surrounding land uses; and that the outdoor automobile storage will be screened from Grove Street by an 8-foot high block wall and landscaping, CR3803pk.doc -1- PC99-194 9. That the siaz and shape of the property is adequate to allow full development of this proposai in a manner which is not detrimental to the surround~ng land uses provided that all of the conditions of approval are complied with. 10. That the Community Development Depsrtment has determined that approval of this automobile storage facility on a limited time basis is compatible with the goals of the Alpha Northeast Redevelopment Area. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNfA ENVIRONMENTAL QUAL!TY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish ar, off-site automobile storage lot at 1260 North Grove Street for an existing automobile auction facility at 1320 North Tustin Avenue (California Auto Dealers Exchange) with waiver of off-street parking and loading requirements on a 0.95 acre irregularly-shaped property having a frontage of 136 feet on the east side of Grove Street, a maximum depth of 292 feet and being located 575 feet south of the centerline of Miraloma Avenue; and does hereby approve tne Negative Declaration 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 further 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 daes hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which are Yiereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and generai welfare of the Citizens of the City of Anaheim: 1. That the subject use permit shall expire on December 31, 2004. 2. (a} That no customers or dealers shail be permitted on this property; and (b) That no sales or auction activities shall be permitted on this property. 3. That no Special Event Permits shall be permilted at this property. 4. (a) That this automobile storage facility shall be accessory to the primary business, California Auto Dealers Exchange (C.A.D.E.) located at 1320 North Tustin Avenue. (b) That only automobiles shall be stored on this property. 5. That gates shal~ not be installed across the driveway in a manner which may adversely affect vehicular traffic in Grove Street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approvai of the City Traffic and Transportation Marager. 6. That any gates shall be closed at ~II times to screen the vehicle storage area, except during the actual ingress and/or egress of vehicles. 7. That PVC slats shull be intervvoven into the chainlink fencing along the north and east property lines where any existing slats are missing or in disrepair. All slats shall be maintained in good condition at all times. The color of the slats sha:~ match or be comp~imentary to the color of the block wall. 8. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. CR3803PK.DOG -2- PC99-194 9. That plans shaii be su5mitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versi~ns of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conforma~ce with said plans. 10. That any tree plantad on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 11. That the locations for any future above-ground utility devices including, but not limited tc, electricai transfomiers, water backflow devices, gas, commu~iications and cable devices, etc., shall be shown on plans submitted to the Zoning Division. Said plans shall also identify the specific screering treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and aprroval by the appropriate city departments. 12. That no signs shall be permitted. 13. That a valid business license shall be obtained from the City Business License Division of the Finance Department. 14. That three (3) foot high street address numbers shall be displayed on an area of the lot not used for the parking of vehicles, as determined by the Community Services Division of the Anaheim Police Department. The numbers shall not be visible to the public street. 15. That the on-site maintenance of automobiles and/or trucks shall not be permitted. 16. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WG1MP shali be submitted to the Public Works Department, Development Services Division, for review and approval. 17. That full time tv~enty four (24) hour security shail be provided on-site. 18. That a maximum of two hundred four (204) vehicles shall be stored on-site, completed screened from any off-site view. 19. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 20. That ar.y required relocation of city electrical facilities shall be at th~ developer's expense. 21. That no vehicle transporter trucks (tow trucks excluded) shall be used to transport vehicles to this storage lot. 22. That 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, and 2, and as conditioned herein. 23. That a photometric plan shall be submitted for review and approval by the Zoning Division and the Community Services ~ivision of the Anaheim Police Department. 24. That the vines oroposed for the deco~ ative block wall adjacent to Grove Street shali be of a non- deciduous variety. 25. That prior to commencement of the activity authorized by this resolution or within a period of three (3) months from the date of this resolution, whic~ rsS!e~ occurs first, Condition Nos. 5, 7, 9, 13, 14, CR3803PK.DOC -3- PC99-194 16, 19, 22, 23 and 24, above-mentioned, shail t~e 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. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim (Nunicipal Zoning Code and any other applicable Ciry, Stats and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicabie ordinance, regulation or requirement BE IT FURTHER RESO~VED that the Anaheim City Planning Commission does hereby find and determine that adoption of thls Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions nereinabove set forth. Should any such condition, or any part thereof, be deciared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 8, 1999. CH # ERSON PRO TEMPORE, A EIM CITY PLANNING COMMISSION ATTEST: /~~we~a~ ~~ SECRETARY NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahelm City Planning Commission held on November 8, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, K005, NAPOLES, VANDERBILT, ARNOLD NOES: COMMISSIONERS: NONE ABSENT: COMfNISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this (IIj" day of 1999. ~~" SECRETA , ANAHEIM CITY PLANNING COMMISSION CR3803PK.DOC -0- PC99-194 '<;