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99-061RESOLUTION N0. 99R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 4097. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an existing automotive repair facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTHEAST CORNER OF PLACENTIA AVENUE AND WESTPORT, 135 FT. ON PLACENTIA AVENUE AND 155 FT. ON WESTPORT, LOT 1 OF TRACT 3288, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-24 granting Conditional Use Permit No. 4097; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic 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. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4097 be, and the same is hereby, granted permitting an existing automotive repair facility on the hereinabove described real property, subject to the following conditions: 1. That subject facility shall be subject to monthly inspections by the Code Enforcement Division during the entire duration of the business. The cost of such inspections shall be borne by the operator of the facility. 2. That a six maintained along the sized clinging vines centers adjacent to opportunities. Said maintained. (6) foot high masonry block wall shall be east property line. Minimum five (5) gallon shall be planted on maximum five (5) foot said wall to eliminate graffiti vines shall be properly irrigated and 3. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (29) 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 adjacent 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 2 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 existing and proposed landscaping and irrigation facilities for review and approval of the Planning Commission as a "Reports and Recommendations" item. Following approval, the landscaping shall be installed and maintained in accordance with the plan. 7. That the existing propane tank shall be removed and may be replaced with a maximum 4 foot (4') high, horizontal five hundred (500) gallon or smaller propane tank located outside any required setback area. 8. That no vending machines shall be permitted. 9. That window signs shall not be permitted. 10. That no banners or other advertising 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 approved by the Planning Commission. Any additional signs shall be subject to approval 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 Engineering Standard Plan Nos. 436 and 602 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. 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 file 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 graffiti 3 opportunities by the use of plants such as minimum five (5) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division approval. 16. 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. 17. That an on-site trash truck turn-around 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 plans submitted for Streets and Sanitation Division approval. 18. That no outdoor storage shall be permitted for this property. 19. 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 fifteen (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 the City of Anaheim Business License Division of the Finance Department. 24. That this permit shall terminate on December 31, 2001. 25. 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, 2 and 3; and as conditioned herein. 4 26. That prior to commencement of the activity authorized by this resolution, or within a period of 120 days from the date of this resolution, whichever occurs first, Condition Nos. 2, 4, 5, 6, 7, 11, 13, 15, 16, 17, 20, 21, 22 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 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 ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of March, 1999. ~~ MAYOR OF THE CITY OF ANAH IM ATTEST: CI Y CLERK OF THE C Y OF ANAHE M 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-61 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYORlCOUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-61 on the 23`d day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of March, 1999. C <~'~' CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-61 was duly passed and adopted by the City Council of the City of Anaheim on March 23rd, 1999. ~~I.C.d-y~.d~t. CITY CLERK OF THE CITY OF ANAHEIM