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Resolution-PC 99-24RESOLUTION NO. PC99-24 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4097 BE GRAN i ED FOR TWO (2) YEARS, ELEVEN (11) MONTHS WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Aiiaheim, County of Orange, State of California, described as: THE NORTHEAST CORNER OF PLACENTIA AVENUE AND WESTPORT, 135 FT. ON PLACEN7IA AVENUE AND 155 FT. ON WESTPORT, LOT 1 OF TRACT 3288, ClTY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 1, 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 18.0~, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findinys and recommendations in connection therewith; and WH[REAS, s2id Commission, after due inspec#ion, investigation and study made by itself and in its behalf, and after due consideration of ali evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.085 to permit an existing automotive repair facility. 2. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and deveiopment of the area in which it is located; and that this existing facility's operations have not adversely affected the adjoining and surrounding properties in this neighborhood. 4. Tnat the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the pa~ticular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon th2 streets and highways designed and improved to carry the tra~c in the area. 6. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the C:ity of Anaheim. 7. That no one indicated their presence at the 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 retain an automotive repair facility on a rectangularly- shaped, 0.40-acre property located at the northeast corner of State College Boulevard and Westport Drive, with frontages of 110 feet on the east side of State College Boulevard and 131 feet on the north side of Westport Drive and further described as 420 South State College 6oulevard (C & M Automotive); and does hereby approve the 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 arocess 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 significant effect on the environment. CR3552PK.DOC -1- PC99-24 NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the foilowing conditions which are hereby found to be a necessary prerequislte to ths proposed use of the subject property in order to preserve the safety and yar.eral welfare of the Citizens of the City of Anaheim: 1. That subject facility shall be subject to manthly inspections by the Code Enforcement Division during the entire duration of the business. The cost of such inspections shail be borne by the operator uf the facility. 2. That a six (6) foot high masonry block ~vall shall be maintained along the east property line. Minimum five (5) gallon sized clinging vines shall be planted on maximum five (5) foot centers adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated and maintained. 3. That the property shall be permanently maintained in an order~y fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of application. 4. That a minimum of six (6), twenty four (24) inch box, trees shall be planted in the landscaping planter areas along and immediately adjacenf to State College Boulevard and Westport Drive. 5. That all landscaped planters along the east, south and west property lines shall be refurbished with additional groundcover plants. 6. That a landscaping plan for the entire site shall be submitted to the Zoning Division of the Planning Department specifying type, size and location of existiny and proposed landscaping and irrigation facilities for review and approval of the Planning Cnmmission a~ a"Reports and Recommendations" item. Following app,-oval, the landscaping shall be installed and maintained in accordance with the plan. 7. That the existing prop~ne tank shall be removed and may be replaced with a horizontal five hundred (500) gallon or smaller propane tank. 8. That no vending machines shall be permitted. 9. That window signs shall not be permitted. 10. That no banners or other advertis~ng shall be displayed and that no special event permits shall be issued for this automotive repair business. 11. That wall signs for this facility shall be limited to that which is shown on the exhibits submitted by the petitioner and 2pproved by the Pianning Commission. Any additional signs shall be subject to approvai by the Planning Commission as a"Reports and Recommendations" item. 12. That no freestanding sign be permitted. 13. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineerin~ Standard Plan Nos. 436 and 802 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 14. That no required parking area shall be fenced or otherwise enclosed for storage other outdoor uses. CR3552PK.DOC -2- PC99-24 15. That a trash storage area shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on fife with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from gra~ti opportunities by the use of plants such as minimum five (5) gallon sized ciinging vines planted on maximum three (3) foot centers or lall shrubbery. Said information shall be specifically shown on the plans submitted for Streeis and Sanitation Division approval. 16. That a plan sheet for solid waste storage and collection and a pian for recycling shall t,e submitted to the Streets and Sanitation Division for review and approval. 17. That an on-site trash truck turn-arounc~ area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on pians submitted for Streets and Sanitation Division approval. 18. That no outdoor storage shall be permitted for this property. i 9. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 20. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 836 (to retain an existing service station as a conforming use in the CL "Commercial, Limited" Zone). 21. That lighting for this facility shall be positioned in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets and/or properties. 22. That the existing public telephones shall be relocated to the building wall within fikeen (15) feet of the main entrance or inside the building. 23. That prior to commencing operation of this business, a valid business license shall be obtained from tFe City of Anaheim Business License Division of the Finance Department. 24. That this permit shall terminate on December 31, 2001. 25. That subject properhy shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petiiioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3; and as conditioned herein. 26. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 6, 7, 11, 13, 15, 1G, 17, 20, 21, 27_ and 23, 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. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Muricipal 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 ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planninc~ Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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 final judgment of any court of competent Jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. CR3552PK.DOC -3- PC99-24 ~ THE FOREGOING RESOLUTION was adopted at the Planning Cammission meeting of February 1, t899. ~ G~,~u-~'+,~-' HAIRPERSON PRO-TEM ORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: LJ ~ul~t7,/~G`~ SECRETARY, AN HEIM 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 tiiat the foregoing resoiution was passed and adopted at a meeting of th~ Anaheim City Planning Commission held on February 1, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, ESPING, KOOS, NPPOLES, WILLIAMS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunta set my hand this /°' day of Z ' L , 1999. ~ Z~TZV ~.JL'~1~~ CRETA , ANAHEIM CITY PLANNING COMMISSION CR3552PK.DOC -4- PC99-24