Resolution-PC 2002-10~ ~
RESOLUTION NO. PC2002-10
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING
RESOLUTION NO. PC95-101 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2147
WHEREAS, on August 21, 1995, the Anaheim City Planning Commission adopted
Resolution No. PC95-101 approving Conditional Use Permit No. 2147 to permit a temporary truck trailer
in conjunction with an existing fuel distribution terminal and van staging and storage area and one
modular office trailer with waiver of required improvement of parking area for a period of one year to
expire on August 21, 1996;
WHEREAS, subject property was annexed to the City of Anaheim in July 1981 at which
time it was already developed with a fuel terminal;
WHEREAS, the Petitioner has filed a proposal to modify subject conditional use permit
under authority of Code Sections 18.03.030 and 18.61.050.509 to permit the expansion of a petroleum
fuel distribution terminal to add a new ethanol storage tank and truck loading rack and modify an existing
truck unloading rack;
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 14, 2002 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 hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030 and 18.61.050.509;
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 expansion would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area; and
4. That the proposed use as conditioned herein, would not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located; and
5. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition;
CALlFORNIA ENVlRONMENTAL QUALITY ACT FlNDING: That the Anaheim City
Planning Commission has reviewed the proposal to expand a petroleum fuel distribution terminal to add a
new ethanol storage tank and truck unloading rack and modify the existing truck unloading rack; and does
hereby determined that the previously certified Environmental Impact Report for the Mobil California Air
Resources Board Phase 3- Reformulated Gasoline Project is adequate to serve as the required
environmental documentation for this request upon finding that such determination reflects the
independent judgment of the lead agency and that it has considered the Environmental Impact Report
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.
(Tracking No. CUP2001-04485) - 1 - PC2002-10
CR5280DM.doc
• ~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject amendment to Conditional Use Permit No. 2147 (Tracking No. 2001-04485);
and hereby incorporates the conditions of approval contained in Resolution Nos. PC80-237 and PC95-
101 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 landscape plans shall be submitted to the Zoning Division for review and approval. Said plans
shall indicate a 10 foot wide landscaped planter consisting of 16 trees and 3-foot high shrubs planted
3 feet on center along the east property line (Jefferson Street), and additional landscaping consisting
of vines and trees along the north property line (Afinrood Channel). All trees shall be 24-inch box in
size. Said landscaping shall be planted within sixty (60) days after Zoning Division approval and
thereafter maintained in a healthy condition.
2. That all unpaved surfaces shall be paved and maintained on a permanent basis; and that a grading
plan shall be submitted to the Public Works Department, Development Services Division, for review
and approval.
3. That the existing chainlink fence along the north property line adjacent to the Atwood Flood Channel
shall be entirely interwoven with PVC slats. Said screening shall be maintained and/or repaired on a
permanent basis to effectively screen all outdoor storage from public view.
4. That this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall
be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code.
5. 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 finrenty-four (24)
hours from time of occurrence.
6. That trash storage areas shall be provided and maintained in accordance with approved plans on file
with the Department of Public Works, Sanitation Division.
7. That the developer shall be responsible for compliance with all mitigation measures associated with
the Afinrood Terminal within assigned time frames and any direct costs as required by Section
21081.6 of the Public Resources Code for the Mobil California Air Resources Board Phase 3-
Reformulated Gasoline Project Final EIR (SCH No. 200081105).
8. That the 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 Revision No. 1 of Exhibit No. 1, Exhibit Nos. 2 and 3 and as conditioned herein.
9. That prior to commencement of the activity authorized by this resolution, or within 90 days from the
date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 3 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.
10. That prior to final building and zoning inspections, Condition No. 8 above-mentioned, shall be
complied with.
11. 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
reguiations. Approvai does not include any action or findings as ta compiiance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE 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 final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
- 2 - PC2002-10
!
~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 14, 2002.
~ ~~~~
CHAIRPER N, ANAHEIM PLANNING COMMISSION
ATTEST:
~~v~.-~..--*- ~,?
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 14, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~, IN WITNESS WHEREOF, I have hereunto set my hand this ~ S~~ day of
~~t~, 2002. ~ ~ ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2002-10