Loading...
PC 82-42___._, ,~ ~. RESOLUTIOit t10, PC^u7-1{~ l1 RESOLUTI ON OF THE AtlAll[ i ~1 CI TY PLA?Jtll ~IG COFIt11 SS I ON THAT PETITIOI! FOR COtIDIT1011AL USE PERIIIT FJO. 22~~ 6E f,~;/1^JT[D 4/11[REAS, the Anatieim City Planninn C.ommission did receive a verified Petition for Conditional Use Permit from !:/1TIO~JAL DISTI~LERS PRODUCTS CORPORATIO~•I, 9~ Park llvenue, Ple~~~ Yorl;, tle!v York, 10~16, owner, and RYDER TRUCK LIIJES, INC., JOlltd PIA~IGU, JR., P. p. Dox 2~F~E3, Jacksonville, Florida, 32203, agent, of land referred to in this report is situaYed in the City of Anaheim, County of Orange, State of California, described as: T11AT PORTIOPI OF TFIE SOUTtIEAST QUAP,TER OF TtIE SOUTII4JEST Q,UAr,TER OF SECTIOFJ 3, TaW:•!SHIP 4 SOUTH, RAtlGE 10 llEST, IP! THE RAMCl10 SA~J JUAF! CAJON DE SAPlTA /1hJA, Itl TiIE CITY OF ANAHEIH, COUt1TY OF Oft/1NGE, STATE OF CALIFOP,IdIA !15 SNOh/N OPl A h1AP P,ECORDED If1 [3001: 51, PAGE 10 OF F1ISCELL/1fJE0US MAPS IM THE OFFICE OF TIiE COU~lTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOIJS: f3EGlt!?JIIlG AT THE INTERSECTIO~! OF THE CEPJTERLIME Of' ICEMP STREET 4/1TI1 TF1E CENTERLI~lE OF LA P/1LMA AUENUE AS SN041PI 0~! A HAP OF GRESS4IELL SUBDIVISIOtd, RECORDED Ifd BOOK G, PAf,E,47 OF SAIQ MISCELLAMEQUS MAPS, THEP~C[ S 3?0 ~6~ ~5~~ ~.~ 3qp.10 ~EET ALONf THE SAID CENTERLtIlE OF LA P~1LMA AVENUE TO !1 POIPJT DISTAPlT 24.00 FEET EASTERLY OF THE SOUTHERLY EXTE~JSIOp! OF TFIE l•/EST LIPlE (1F TNE LAPID DESCRIfiED IIJ D[ED RECORDED IN GOOK 639, PAGE $3 OF DEED 114 THE OFFI CE OF SAI D COUPJTY RECORDER; THENCE tJ 0° 45' S8" 1~! 53.f10 FEET PARALLEL 411TH SAID SOUTHEP,LY EXTENSION APlD SAID '~lESTERLY LINE TO TI1E TRUE POI~JT OF GC•GIMPIIIJG OF THE LA~JD HEREIId DESCRIQED; TfIEPJCF N n~ 4~~ S$" ~'~ 223.~q FFET ALO'1C SAID PARALLEL LI~IE: THE~dCE t! 41 ~50 4ii"'E 179,II2 FEET; THEf~CE PJ 0° ~f5~ 5~~~ t./ 42,pp FEET; THEP7CL' Id 59 16 25 E 245.10 F[ET TQ /1 POINT OP! l1 LINE PARALLEL WITH APlD 25.00 FFET 4/ESTERLY, PtEASURGD AT RI(;HT AIdGLES FR011, TtiE SAiD CENTERLIME OF KE~1P STR[[T; THENCE S 0~ 45~ 58" E 373.93 FEET ALOtJG SAID PARALLEL LINE r0 THE DEr,Itdt~I~~G OF A TAIJGENT CURVE COPICAVC• tJORTFti/ESTERLY AtJD iIAVIMG A FJIDIUS OF 25,p0 FEET; 1'fiEP~CE SOUTHWESTERLY P.LOtdG SA1 D CURVE THROUGH /l CEtJTRAL ANGLE OF gqo 02~ 23" A DIST/U~7CE OF 39.29 FEET TO A P01t9T ON A LINE PARALLEL l~lITH AtJD 53.00 FEET PJORTIIERLY, l4EASURED /lT RIGFIT AtlGLES FROFt THE SAID CEtJTERLI PJE OF LA PllLt1A AVEtJUE; TIiEIICE S tigo ~~ ~ 25~~ 61 340.0~ FEET AL01lG LAST MEPaTI OFlEO PARALLEL Lt PJE TO TIIE TRUE P01 FJT OF 8EG1 Nh! I NG. 4/HEREAS, the City Planning Comnission did scheclule a public hearing at the City flall in the City of Anahein on Pfarch t3, at 1:30 p,m,~ notice of said public hearing having been duly given as required by law and in ~ccordance with the provisions of the Flnaheim Municipal Code, Chapter 1Lt.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and been continuedato the~Planning~Comrnissionemeetln~hofehiarch 2?,~~~;;b~~~~aearing having ~ Pc82-42 ~~"~ •~ .w,.::: ~. ,~ - ~.,. , . ~~ - - - ~ t•IN[REAS, said Corimission 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 deterrnine the following facts: 1. That the proposed use is properly one for ~~~hich a conditionat use permit is authorized by Anaheirn ilunicipal Code Section 13.~~5.p50.320 and 1£3.G3.Q>0.42~ to wit: lo permit a truci: terminal in the CC (General Commercial) and Iitl (tleavy Industrial) Zones. 2. That the proposed use is hereby granted subject to the condition that a sound study shall be conducted by a certified sound engineer. Said study shall be submitted to the City prior to issuance of building permits to determine alhether or not there wili be a sound prohtem for residents to the east of subject property. If a~otential sound problem is identified, said sound study shall recommend such mitigation measures (i.e. sound barriers)a5 may be necessary to alleviate noise from the trucks. Any sound barriers or other mitigation measures recommended by the study shall be constructed prior to comirn_ncement of the activity herein approved. 3. That the proposed use, as granted, aiill not adversely affect the adjoining land uses and the growth and development of the area in which it is pr~~posed to be located. 4. That the size and shape of the site ~roposed for the use is adequate to allav the full development of the proposed use in a manner not detrimental to the particular area nor to the neace, health, safety, and general a~elfare of the Citizens of the C i ty of llnal~e i m. 5. That the granting of the Conditional Use Permit under the conditions imposed o~ill not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and higha~ays designed and improved to carry the traffic in the area. 7. That six persons indicatcd their presence at said public hearing in opposition; and that a petition contairing approximately 67 signatures was received in opposition to the subject petition. EIlVIROtlMENTAL IMPACT FIWDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a truck terminal on an irregularly-shaped parcel of land consisting of approximately 3.O~F acres located at the northeast corner of La Palma Avenue and ;:emp Street (201 [ast La Palma Avenue); and does hereby approve the Idegative Declaration from the requirement to prepare an environmental impact report on the basis tliat there wouid be ~o significant individual or cumulative adverse environmental impact due to the a~proval of this Negative Declaration since the Anaheim General Plan designates tfie sub.ject property for general industrial land uses commensurate orith the proposal; that no sensitive environmental impacts are involved in the proposal; ttiat the Initial Study suhmitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negati~e Declaration substantiating the foregoing findings is on file in the City of Anal~eim Planning Departmc:nt. -2- Pc82-4? .- I10',l, TIIEREFORE, EE IT RESOLVf"Q that th.r. /1n~iieim C.ity Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions ~•~hich are hereby found to be a necessary prcrequisite to the proposed use of the subject property in ordcr Lo preserve tfie safety anrl general i•~elfare of the Citizens of the City of Fnalieim: 1. That street lighting facilities along La Palr*k~ ~venue and f;emp Street shall be installed as required by the Office of ti~e Utilities General tlanager, and in accordance o-~ith specifications on file in the Office of Utilities General ~lanager; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted taith the City to guarantee the installation ot Yhe abovP- mentioned requirements prior to occupancy. ' ?.. That side~~~ali<s shall be installed along La Palma Avenue and ICemp Street as reGuired by the City Engineer and in accerdance ~•~it~, standard plans and saecifications on file in the Office of the City Cngineer. 3. That trash storage areas shall be provided in accordance ~•~ith a~proved plans on fi le with the Office of the Executive Di rector of Publ ic IJor4:s, 4. That fire hydrants shall be installed and charged as required and determined to be necessa ry by ttie Chief of the Fire Departrient prior to commencement of structural framing. 5. That subject pronerty shall be served by underground utilities. 6. That, drainage of subject property shall be disposed of in a manner satisfactory to tfie City Engineer. 7. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 389L) in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. u. That appropriate water assessment fees as determined by the Office of Utilities General Planager shall be paid to the City of ~naheim prior to the issuance of a building permit. 9. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the ap~roved division of subject property shalt be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County P.ecorder. 10. That all driveway radii dimensions shall be subject to review and approval by the City Traffic [ngineer. 11. That an additional 12-foot evide strio of land shall be dedicated to the City and improved adjacent to La Palrr~ Avenue in accordance a~ith the recommenclation of the City Traffic Engineer. Said dedication and improvement shall run froM the west side of the existing driveway leading to Electramotors to the west curb of I:emp Street. -3- Pc82-42 ,:::...._ ._ ,,,.. , ::_..... " ~ 12. That Prior to the issuance of building permits a sound study shall be conducted by a certified sound engineer. Said study shall be submitted to the City and shall determine a~hethr_r or not there ~•~ill be a sound problem for residents to the cast of sul,ject properiy. If a potential sound problem is identified, said sound study shall recommend s'uch mitic~ation rtr;asures (i.e, barriers) as may be necessary to alleviate noise from trucks, q~y sound barriers or other mitigation measures shall be constructed as recommended by thc study, 13. That subject property shall be developed suhstantially in accordance a~ith plans and specifications on fi le ~-~ith the City of A~aheim marked Exhibit ilo. 1. 14. That Condition Ilos. 1, 9~ 11 and 12, above-mentioned, shall be comptied with prior to the comrr~ncement of the activity authorized under this resolution, or prior to tFie time tfiat tlie building permit is issued, or within a period of one year from date hereof,~-~hichever occurs first, or such further *_ime as the Planning ComMission may grant. ~5• That Condition tJos. 2, 3, 5, (,~ ~p, ~nd 73 above-mentioned, shall be complied with prior to final huilding and zoning inspections. BE IT FUP,TIiER RCSOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance ioith each and ali of the conditions heretnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the fin~l judgment of any court of competent jurisdiction, then this Resolution, and any approvals hereir contained, shail be deemed nuil and void. THE FOREGOItJG RESOLUTIOti is signed and approved 6y me this 22nd day of Plarch, 1982. ~ ~' c~ ~s~ ~~~~,~ ~~'"--- ATTEST: C~iAtRFfRt! PRO TEMPORE, APIAHEIM CITY PLANNI~JG COMMISSION SECRETARY, A~JAH~ CIT~LAtd~d~p~-11S5106! STATE OF CALIFOPt•IIA ) COUPJTY OF OP,APlGE ) ss. C I TY 0 F At~AHE I M ) I, Edith L. Iiarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resalution was passed and adopted at a meeting of the Anaheim City Planning Commission held nn Flarch 27_, 1R82, by the following votF of the members thereof: AYES: COt~1141 SS I OFlERS :[30UAS, I~ERBST, I;i NG, F1C BURhlEY PlOES: COHMISSIOtdERS; 6ARPlES, FRY ADSENT: COMt11 S510~lER.S : E3USFIORE IFJ t•lITP1ES5 iJFIEREOF, I have hereunto set rtry hand this 22nd day of tlarch, 1g82. ~o ~ ~ 1V49~t.1.~ c~ SECRETARY, ANAHEIFI CITY PLANNItJG COMMISSION E".:~ ~~ . - ... -~- PC82-42