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99-214RESOLUTION N0. 99R-214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 4144, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to establish conformity with existing zoning code land use requirements for an existing commercial center and to construct a new unit for a retail carpet sales warehouse upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF LOT 6 OF TRACT NO. 2517, IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 133, PAGE(S) 40, 41, AND 42, INCLUSIVE, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 8, PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE EAST 279.33 FEET OF THE SOUTH TWO ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANGE LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN A BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC99-156 granting Conditional Use Permit No. 4144; 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 consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that, with regard to the existing commercial center only: 1. 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; and that the existing commercial center has been operating without adversely affecting surrounding land uses. 2. That the size and shape of the site for the proposed 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. 3. 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 traffic in the area. 4. 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 City of Anaheim; and that the warehouse addition is approved on the basis that there will be additional landscaping provided along the wall. AND WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that, with regard to the proposed construction of a new unit for a rental carpet sales warehouse only: 1. That the proposed warehouse addition could adversely affect the adjacent residential land uses to the west with the anticipated loading operations and related activities given its close proximity. 2. That the anticipated operations including the delivery and transport of flooring materials related to the proposed use may cause congestions in the circulation patterns of the commercial center. -2- 3. That the proposed warehouse addition is situated at a location that would be difficult to reuse for other retail uses permitted in the CL Zone given its low visibility. In addition, given the addition's close proximity to the adjacent residential use, other retail uses may adversely affect the residential uses. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposed use under the normal and reasonably foreseeable conditions of operation of such use. 2. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Zoning Code). 4. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 5. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4144 be, and the same is hereby, granted to establish conformity with existing zoning code land use requirements for an existing commercial center, but denying construction of a new unit for a retail carpet sales warehouse, permitting on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -3- Sections 18.06.050.020.022 18.06.050.021.0212 18.06.050.022.0221 18.06.050.023.0231 18.06.080 and 18.44.066.050 Minimum number of required parking spaces. (72 spaces required; 57 spaces proposed and approved by the City Traffic and Transportation Manager) subject to the following conditions: 1. That (a) a minimum of eight (8) minimum twenty four inch (24") box trees shall be planted in existing planter areas adjacent to Euclid Street or in areas approved by the Planning Department, and the Public Works Department, Traffic Engineering Division; and (b) a minimum of two (2), minimum twenty four inch (24") box, broad-headed trees shall be provided in the ten (10) foot planter adjacent to the wall along the west property line; and (c) vines shall be planted on maximum three (3) foot centers, including irrigation facilities, to screen and cover the wall on the west property line from the north to south to the jog in the property line and (d) the existing landscape planters shall be refurbished. Said information shall be specifically shown on plans submitted for Zoning Division and City Traffic and Transportation Manager approval. Said landscaping shall be planted within sixty (60) days from the date of plan approval. 2. That trees shall not be unreasonably trimmed in order to increase visibility to this commercial center. 3. That trash bins/barrels shall be stored out of the public's view. 4. That any existing or future public telephone(s) shall be located inside the building. Existing exterior telephones shall either be removed or placed inside the building. 5. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours of its abblication. 6. That no outdoor vending or water machines shall be visible to the public right-of-way (Euclid Street). 7. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 8. That all trash generated from the uses on this property shall be properly contained in trash bins inside approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the -4- need for additional bins or additional pick-up. All costs for increasing the number of bins or additional frequency of pick-up shall be paid by the business owner(s). 9. That all debris in the parking areas and around the building shall be removed immediately and the property shall be maintained free of litter at all times. 10. That signage for subject facility shall be limited to that which is shown on the approved exhibits and photographs submitted by the petitioner. Any additional signs shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 11. That this commercial center shall be limited to a maximum of eight (8) units, as stipulated to by the petitioner, unless a separate future application is submitted and granted for additional units. 12. That no outdoor storage, display or sales of any merchandise or fixtures shall be permitted outside the building. 13. That the existing roof-mounted equipment shall be visually screened from the adjacent residential land uses to the west. 14. That the parking stalls shall be re-striped where the painted lines have faded. 15. That the base of the existing sign shall be repaired. 16. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner (except the proposed 2048 36 ft. addition) and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 17. That within a period of two (2) months from the date of this resolution, Condition Nos. 1, 4, 13, 14 and 15, and 16 above- mentioned, shall be completed. 18. 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 -5- 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 19th day of October, 1999. M YOR OF THE CIT F ANAHEIM ATTEST: CITY CLER OF THE CITY OF ANAHEIM 32979. 1 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-214 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of October 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS ABSENT: MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 214 on the 19th day of October, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of October, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-214 was duly passed and adopted by the City Council of the City of Anaheim on October 13h, 1999. -~-e~.d~4-- CITY CLERK OF THE CITY OF ANAHEIM