Resolution-PC 92-127~
,~ESOLUTION NQ. f'C92-127
w~~
A RE~OLUTIpN OF THE ANAHEINA CITY PIANNING COAAMISSION
7HAT PETITION FOR CONDITIONAL USE PERMI'T NO. 3557 9E GFlAN'fED, IN PART
WHEREAS, the Anaheim Ciry Planning Commissian dfd recoive a verfiled F'otltion for
Car~ditlanal Use Permit for certaln real property situntod In tho Ciry af AnaFiolm, Cdunty af Orange, Stato
of Californla, described as:
PARCEL A, IN THE CITY OF ANAHEIM, COUNTY UF OFlANGE, STATE 01=
CALIFORNIA, AS PER MAP FILED I~ BOOK 28, PAGF 24 OF PARCEL MAPS, IPJ
THE OFFICE OF TI-IE COUNTY RECORbER OF SAID ~OUNTY.
WHEREAS, the City Planning Commisslon dld hold a public liearing at the Civic Centor
fn the Cfty of Anahaim on Octobar 1Q, 1992, at 1:30 p.m., notice of said publlc hearing h~vlnq been duly
givon ns required hy la~v and in accordance with the provisions of the Anahelm Municipal Code, Chapter
18.03, to h9ar and consider evidence for and against seid propo~ed conditlonai use p~rmit and to
Investigate and make flndings and recummer~datfons In connectlon therewith; and
WHEREAS, sald Commisslon, after dua Inspection, Investlgation and study made by ftsolf
and In its behalf, ~nd Aiter due cans(deratfon of all evidence arid reports otferod at sald hearing, does find
And datormine tha follqwinA facts:
1. That the proposed use Is properlY ono f~r which a condftianal use permit is
au~horized by Anahpim Mu~lcipal Code Section 1a.61.050.070 to permit diesel truck repair with walver of
the following;
(A) Socdons 18 06.05Q~Q$12 - Minimum nur~~er of ricna ino s~~es.
],8,06,05Q.0222 (~$ required; ~ existing)
18,06,050.031
1 g•06.080
and 8 61.066.050
(Bj Sectfon 18.61.Q~g,02~ - Pg(in}tted encroAChments In front setback orea.
(~ -{~ hlgh decoratlve screen wall permitted 10 f~et from
Broadway; ,gJ94S hlgh slattod chain Iink fencg propos~d)
2. That the perl<ing walver (A) witl not cause an Increase In traHic congestion in the
Immediate vlctniry nor adverseiy aHect any adJolnln~ land uses; and thAt, basod on the parking ~tudy
submittad by the petitfoner, the Cft~i Tr~Nfr, and Trene~artation hlaneger has determined that odequate
parking exists inr subjoct use;
3. That the granting of tho pArking walver under the candltlAns imp~sed will not ba
detrfmontal to the pe~ce, haalth, saiety or g~r.eral weliaro of the citirons of the City of An~heim;
4. That waiver (E3) i~ hereby denfed because the proposed 6•foot hlgh chaln Ilnk fonr.e
Inteiwoven with redwood slats wouici be constructed to enclose an outdoor storage area located In the
front setback area anti that Zoning Code permhs only landscapfng and park{ng in iga{d required 50-toot
front sotback ares;
5. That there are speclal no clrcumstances ap~tlcable to the property auch as size,
shape, topography, Iccation or sunourxlings, whfch do not app~y to othor identfcally zon~d prcportios In
the vlcinity;
CR1641 MS.wp -1. PC92•127
_ _ ~,,,~
6. That ~strlct applicfltion of the Zoning Code does not deprivo the properry of prlvllages
en~oyed by other propertlea In identical zoning classffi~tion In tlio viclniry;
7. 7hat approval of wa(vor tB) could ostablish an undeslrable pracedont because ihere ere
several vacant uncieveloped ~arcols In the araa, and outdoor storage in the publir vlew (slatt~d chein Iink
fencing would provide unly partiat acre~ning) In the front sotback Is inappraprl~te;
S. 1'hat the proposed use Is properly one for which a conditionel uso permft Is autfiorizad
by the 2oning Code;
~. That the proposed use, as ~r~nted, will not adversaly affect the adjofnin~ land uaes and
the growth and development of the area In which ft is proposed to be locatod;
10. That the size end shepe of tho slte f~r the pro~waod use is adoquate to allc+w the fuil
developmont of ths proposed use In a mann~r not detrimentAl to the particuiar area nor to the peace,
health, safoty, end general waltare;
11. That the~ 4ra(flc generated by the proposecl use, as grantecl, will not Impose an undue
burden upon tho streets and highways designeci and improved to carry tho traffic In the area;
12. Tf~at the ~ranting of :he condftlonal use pernit under the condkions irnposod will n~t
be detrimental to the peaco, health, safety and general welfAre of the cftizens of the Clty of Anahelm; end
13. That one (1) persor~ Indicated fita presonce at safd public hoaring In opposftlon; and that
na carrespond~nce was r~celved in oppositlon to the subject petitlon.
,~ALIFORNIA ENVIRONNiENTAL ~UI~LITY ACT FINQI 1: That tha Anahelm City Planning
Commi~sion has reviewed th~ propos~l to perrnit diesel truck repair with waivers of minfmum number o4
parking apaces and permmnd encroachmonts In 4hv front setbeck area on a rectanflularly-ahapod pa-cel
of land c~nslsting of approximtitely 0.53 acre located at the southeast comer of Broadwny a~d Adams
Street, iiaving approxlmate irantage~ of 112 feet on the xouth side of Broadway ~nd 212 feet on the east
side of Adams Street, and further described es 1430 West Broedway; arx! doeg horoby approve the
Negativo Declnration upon iinding that the declaration reilects tho indopendent ~udgemeM af the leod
agoncy and that k haa consldered tha NegRtiva Oectaration together with any comments received during
the publlc revlew procesa and further iindiny on tho bao!s of the inftlal study ar~l any comments received
that there is no outrstant(al evidence that the pro~ect wlll have a sidnificant efiect on the enviranment.
NOW, THEREFORE, dE IT RESOLVED that the Anahofm Cky Planning Gommisalon does
hereby grant subJect Petition tor Condftional Use Permft, In Fart, upan the following condftions whlct~ are
hereby found ~o he a nocessF-ry prerequisite to th~ proposed use of the subJoct proporry In orcfer to
presArve the safocy and gonert~l wnlfare of the Cftizens of the Ciry of Anahelm:
1. That pr~or to Issuance of a building permR ar within a period of ninety (90) days from the date of this
resolution, whichever xcurs first, the approprfate traffic sfgnel asseoament fee Ahall be paid to the
Cfty of Anahelm In an amount ustablished by Clty ~:ouncil Resolutlon.
2. That a landscape and irrigation plan tor subject ~roperty and showing ~ompllance with Soctfon
1 g,04,p60 'Landscaping Requfrements-General" shall be submitted to the Zoning Div(slon fot revlew
and approval. Said approved landscap(ng sl~all be installed and maintaEned therseker. Any declsion
mede by the Zoning Divislon rdgerding st.ifd ~lan may t,o appeAlod to the Ptanning Commisslon
and/or Ciry Councll. If Adams Street Is abendoned prior to final building and zoning Inspections, the
requiremersi for tandscaping said iront setbsck shall no longer appiy and landsceping need not be
Installed in said sotback.
-2- PC92-i 27
~~~
3. That a~ny proposed irovstanding sign on subJact property shall be a monument-rype nnt exceetling
eipht (8) feet In height ami shall be subject 4o the revlew and approval of tho Ciry Trafflc and
Transport~tlon Mt~nager to dAt9rmine adequate Ilnes-af-sight.
=i. That prior to ifnal bullding and zoning insp~~ctiona e skiewalk access ramp shall be ~onstructed at
the cornc~r of Flroadway and Hessel Street.
5. That the ownor of subjact property ~hall submft a letter requesting termination of Condfttonal Use
Pormit No. 14Q8 (to construct a blllboard excoeding the allowable size and at a IoGatlon other than
authorized by Code) to the Zoning Qivlsion.
6. ThAt subJect pro~aerty shall be dovelopad substantlally In accord~nce wkh plan~ and specfflcatlons
submitted to tho Clty ofi Anaheim by the petfti~ner and which plans aro on }ile wfth the Planning
Department marked Exhibit Nos. 1 and 2.
7. That prlor to issuance of a bullding permit or wfthin sa pe;tod of one (1) year from th9 date of this
resolutlan, whichever occurs first, Canditlan Noa. 1, 2 and 5, above•mentianed, shali be com~lied
with. Extensions for fuKher tlme to complete said conditlons may be grented In accordance with
5~cilon 18.03.09~ of the Anaheim Municipal Code.
8. ThAt p~lor to tinal buildinfl and zoning inspectlons or wlthin a perlocJ of one (i) year trum the tiate
of this resolutlon, whichever occura iirst, C~ndition Nos. 2, 4 and 6, above-mentionod, shall be
complied wRh.
9. That approval of this applicatfon constftutos approv~l of tFie proposed requeat only to the oxten4 that
ft complfes with the Anaheim Muni~cipat Zoning Code and any other appllcablo Ciry, State and Federal
rc~gulations. Approval does nat include any actlon or findings as tA compliance or approval of the
roquest regarding any other applicabte ordinenoe, regulation or requfrement.
F3E IT FURTHER RESOLVED that the Anahelm Clty Planning Commisalon does hareby ilnd
and determine that ~doptlon of thls Resolutlon Is oxpresaly predicat upon applicanYs compli~nce with
each and all of the conditluns herelnabove set torth. Shouid any ch condftion, or any part thereof, be
declared invall~ or unenforceable by th~ tinal Judgment oF any ou of competent Juris.lictlon, then this
Resolution, and any approvals herein contalned, shall be de ed~ll and vold~
THE FaREGOING RESOLUTION was a~ted th~lanr~lfj~ Commisslon rr~oeting of
Octobor 19, 1992. / ,c~.r //~.IA~l~t/t~ilr"'
ATTEST:
~
~ ,.,r~.;~" ~ _ ~~~ -
SECftETARY, ANAHEIM CITY PLANNING COMMISSION
, AMAHFIM CITY PLANNINC3
,~q- PC92•127
~~~
t '
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss, ,
CITY OF ANAHEIM )
I, Janet L. Jenenn, Secretary of the Anahelm ~ity Plenning Commission, do her~by certihr
that the foreyv~~~~ reaolution was pesoed and adoptaci ~t a meetinfl of the Anahelm Clry Plsnnin~
Com:nisston held un October 1g, 1992, bY the followl~g voto of tho msmbars thereof:
AYES: CAMMISSIONERS; BRISTOL, HENNINGER, MESSE, PFFiAZA, TAIT, ZEMEL ;
NOES: COMMISSIONER~; NONF. ~
ABSENT: COMMISSlONERS; NON~ y
VACANCY: ONE SEAT ;
~~ IN WITNESS WHEREOF, I havo heraunto set my hand thls ,: ,?;, ~; ~ tlay of 4
1' ./~~ ~ 1' ~/1'l•r.' J i .~. ~1 ~2.
~_.~:~. •;~..'', --~,~,~, ~..,~._ ~
S CRETARY, ANAH~IPA CITY PUINNING COMMISSIQN ~
i
~
E
,.~,.,,. I
.4- PC92-127