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Resolution-PC 92-54.~o~~otv No. Pc.9 -~a A RESOL.iJTTUN ()F 'I'HE ANAHCIIvI Cl'TY PL.ANNING COMMISSION TTiA'I' PETITION FOR CONDITIVNAL USE PERMI'f NO. 3518 BE GItAN'I'ED, IN PART WHEREAS, the Anuheim City Planning Commission did receive a verified Petitiun for Conditional Use Yermit for certain rcal property situated in thc City of Anaheim, County of Urt~nge, St~c~ of Culifornia, ciescribed as: PARCEL A: PAR~CEL, 2, AS SHOWN ON A MAP FILFD I1~I BOOK 14, PAGE 18 OF YARCEL, MAPS, IN TI-IL OFFIC~ OF THE COUN'I'Y RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 8: Pf~RCEL 2, AS SHOWN ON A MAI' I'ILED IN i3aOK 23, YAGE : UF PARCL:L MAPS, IN THE OPFICE OF THF. COUI~1'I'Y RECORDER nF ORANGE COUN'fY, CALIFORNIA. WI-IERE~-5, the City Planning Commission did hold a public hcaring ut the Civic Center in the City c~f Anaheim on April 20, 1912, at 1::i0 p.m., noti~e of said public hearing having been duly given us rzquired by law and in ucco~dance with the provisions of the Anaheim Municipal ~ode, Cnapter 18.03, to hear and ~onsider eviden~e fur and against said proposed conditi~~nal use permit and to icrvestigat~ arid make findings ~tnd recommendations in conr,ection therewith; and WHEREAS, :~aid Comr.iission, ;-fter due inspection, investigation and study made by itseif and in its behalf, and ufter due cons~d~ration ~f all evidence and reports offer~ed at said hearing, does find und determir.c the following fact~: 1. Tt~at the proposed use is properly one for ~~hich a conditional use E~crmit is authoriicd by Aaahcim Municipal Codc S~:ctions 18.G1.050.070 and 18.G1.OSO.S03 to permit a truck yard a.nd tenninal with outdoc~r tnicN maiuten~-nce and repair services, and witli wlivcr of th~ fQllc~wing: (a) .~~ON 18.61.025.020 - Permi~ted ot-~Joor uscs. (All uscs to be cnndurtcd wholly within •s building; outdoor tn~c.k maintenance and repair pfUpUSC[I~ (b) SEC'TION 18.ti~~ - R~U~~~ cnclos~re pf outdoc r~ uses• (Alf outda~r uses to bc scrcencd by u solid masonry or slattcd chainlink fen~t, ~iurtial scteened chairJink proposed) CR 1479M5.wP -1- PC92-54 2. '1'hat ~vaiver (b) is hereby deriied on the basis that no hardship wzs identified by th~ petitinner to justify waiver of the required enclosure and screening of outdoor use~, or encroachment of such enclosure into the requiretl landscape setback, and that the granting of such waiver would be gra~iting a special privilege and that the petitioner withdrew said waiver; 3. That there are s~ecial circumstances applicabl~ to the property such :is size, sbape, t~pography, location or surroundings, which do not apply t~ other identic~-Ily zoned properties in the vicinity; 4. That strict application of the Zonin~ CadP deprives the property of privileges ~enjnyed by other properties under identi~al zoning classi~cation in the vicinity; S, Thut t~e pro~osed use is prnperiy one for which z conditional use permit is authorizzd by the Zoning Code; 6. That the proposed use, as grante~J, will not adversely affect the adjoining land uses and the growth and deveiopmciit of the ~area in which it is proposed to be locuted because !he outdoor uses in connection with waiver (a) will be fully screened from view; 7. That che sizc ~nd shape of the site for tlie proposed use, us graiited, is adequate to alic~w 4he full developmeni of the proposed use in a manner not detrimental to the particular :~rea nor tu the pcace, health, safety, and gener~l welfare; 8. Tliut the traf~c generated by the proposed uss, ns granted, will not impose an undue burden upon the streets and highways ciesi~ne~l and improved to carry the traffic in the area; 9. That the granting of the conditional use permit under tl~e conditions imposed will not be detrimentul to the peuce, healtt~, safery nnd ~eneral welt'are of the citizens of the Ciry of Anaheim; and ld. That one (1) person indicated his presence at said public hearing in opposition; ~nd that correspondence was r~ceived in upposition to the subject petition. CA _iFORNI ENV[RONMENCAL OUAL,ITY tiCT PYNDING: That the Anaheim City Planning Comrnission has review~d the proposal to permit a truck yarc~ and terminal with outdoor truck maintenance and *epair serviccs, and with waivers of permitt~d outdoor uses and i•cquired enclosurc of outdoor uscs on a rectangulariy-shaped parcel ~f land consisting of :~pproximately 2.75 ~cres, having a fr~ntage of approximately 310 feet on the north side of Romncya Drive, having a maximum depth of approximately 388 ie~t, being IoCatcd approximately 335 fect west of thc centcrline of I.emon Strcet, and f~ i~thcr described as 303 - 305 West Romncya Drivc; and docs hereby approve the Ne3ative _~. °c'92-54 D~clacation up~n finding that the declaration reflects f}ie independent juclgement of the lead agency and thut it has considered the Negativc Dcclaration togethe: with any comments received during the, public review pro:ess and ~'urther finding on the basis of the ±nitial study and any comment~ received that tt~ere is na substantial evidence that the project will have a significant effect on the environment. 1VO~N, THEREFORE, BE [T IZESOLVED that the Anaheim City Planning Commission does hereby grant subject Yetition for Conditiona: Use Permit, in part, upon thc following conditions which ar~ hereby found to be a necessary prerequisite to the propose~ use of the subject property in order to prescrve the safety and general welfare of the Citizens of the Ciry of A.naheim: 1. That two (2) of the driveways shall be reconstructed with fifteen (15) foot radius curb returns and the third ~Jriveway shall be closed, as required by the City Enginee~ in conformincc with Engineering Department Standards. 1. Th~t an on-site trash truck turn around are~ shall be provided in accordance with En~ineering Standard Detail No. G1U as requireci by the Department of Maintenance. 3. That any building iised For truck repair shall be equipped with fire sprinklers, ~ required by the Fire Department. 4. That a Flan Shest for solid wastc stor~ge and collection, and u plan for recycling shall be submitt~ed to fhe Department of Maintenance for review and approval. 5. Tt~at suhject property shall be developed substa~tialiy in accordance with pluns and speci~cations submitted to the ~ity of Aaaheim by the petitioner and which plans are on ~lc with the Planning Department markeci Exhibit Nos. 1 and 2; provided, however, that: (a) The chainlink fences along the east and west property lines shall be interwoven with wooden slats, and that any broken slats shall be repllced; (b) Th~t the site enclosing fences shull be a minimum six (6) feet high; und (c) That the depth of the IandscaFed setback ~long Romneya Driv~ shall be the same as currently exists on the adjacent prope:ty t~ the we.st. 6. That pri4r to commencement of the activity authorized hy thic resolution or within a period of one (1) ycar fr~m the date of this resolutic~n, wnichever occurs ~rst, Condition I`Ios. 1, 2 aad 4~ above-ment:oned, sfiall bc complicd with. Extensions for further tinic to complcte said cor.diEio~u may be ~ranted in accordance with Section 1$.03.U90 of thc Anaheim htunicipa' Code. -3- PC92-54 7. That priar to fin~l building and zoning inspections, Cc~ndition Nos. 3 and 5, ~bov~-mentioned, sl~all be complied wiih. Th~,t within a period of ninety (9U) days after i~suance of an occupancy permit, the un~aved dirt area shall be fully paved. 9. That approval of this application constitutes approval of the proposed request orily to the extent that it complies with the Anaheim ~.~lunicipal Zoning Code and any othr;r applicable City, State ar-d Federal regiilations. Approval does not include any ~ction or findings as to compliance or approval of the request regardir~g any other applicaUle ordinance, regulation or requirement. BE I'f rtJRT~ICR RESOLVF.U that the Maheim City Plannirig Conunission does hereby ~nd and determine tl~at adoption of this Resolution is expressl~ predicated upon applicant's compl.iance with each and all of the canditions hereinabove set £orth. Should any such condition, or any part thereof, be declared invalid or unenforce~ble by the final judgment of any court of competent jurisdiction, !hen this Resalution, and any approvals herein contained, shall be deemed null and voicl. THE FO1tEGOING RE50LUTI~N was adopied at the Planning Commission meeting of April 20, 1992. ~ ' i> ~ : ~~.-"_--~ ~'~ . CEIAIRMA , ANAHEIM CI'I'Y P NIN<< COMMISSInN ATTEST: `y .~ ~_~iur~ SECRFT RY, AI-IEIM CITY PLAriNINC; COM~ISSION STATE OF CALTFORNIA. ) COUNTY OF ORANGE ) ss. C'1TY OF ANAHEIM ) I, Margurita Solorio, Secretary of the P.naheim Ciry P1lnning Commission, do hereby certify that the faregoing resolution was passed and adopted at a meeting of the Anaheim Cicy Planning Commission held on April 2Q, 1992, by thc following vote of the membcrs thar.eof: AYES: COMMISSIONCRS: BRIS'1 AL, HELLY~R, MBSSE, PFRAZA, ZBMBL N~ES: COMMIS5tONERS: NONE AF5EN'C: CUMMISSIONEI~ ;: BOUAS, HEHNING~kt IN WITNESS WI~EEREnF~ I havs hereunto sst my hand this ~~~ day of ~ ~ ~, 1992. `~ ~Z .fu.~-~QJ _;~OICI~ ~-, SEC!+ ~ET RY NAH~IM CI'fY PLANNING COMMISSION .4_ PC9:'-54