Resolution-PC 93-31 '
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A RESOLUTI~JN OF THE ANAHEIM CITY PLANNING COMMI3SION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 358E! BE (3RAN7ED, IN PART
WHEREAg, the Anah~im Clty Planning Commisslon did reaelve a verifled FAtkion for Conditlonal Use
Permit for certein real property sltuatod In the Ciry o~ Anahelm, County of Orange, State of Californla,
described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANdE, STATE OF
CAL!FORNIA, AS SHOWN ON A MAP FILED IN BOOK 43, PAGE 9 OF PARCEL
MAPS IN TWE OFFICE OF THE COUNTY REGORDER OF SAID CC '3'TY•
WHEREAS, the City Planninp ~ommisslo~ dld hold a publlc hearing at :ha Civic Center in the City
o! Anahelm on december 2, 1992 at 1:30 p.m., notice of sald public hearing having bean duly given as
required by law and In accordance wkh the provisions ot the Anahalm Munlolp~l Code, Chepter 18.03, to
hear and consider evidence for end agalnst sald proposed condklonal uos pormk and to investigate and
make ffndings and recommendations in conneotlon therewith; and that said publfc haaring wea contlnued
to the January 11, 1993 Planning Commisslon meeting; and
WHEREAS, sold Commisalon, aker due inspectlon, Investigatton and study made by ftsalf and In
its behalf, end aRer duo conalderetlon of all evidence and repoKS offered at sald hearin~, does find and
determine the foHowing tacts:
t. That the proposed use Is properly ons for which a cor~dhlonal use permtt Is authorized by
Anahelm tilunfr,ipal Codw Section 18.61.050.601 to retaln an automoblle repair tscillry In conjunctlon with an
exfsting gasoline aales iacllity with walver o} the following:
(A) ,~ection 1@L$7.03 .072 - Minfmum IendscrcL ab~~fng Intarl r og,_ rooe_riv Ilnos.
(minimum ~,$~(flllon trees Qlantad ~verv 2 (ee
required; none proposed)
(B) Section 18,06•630 . Re~ui[ed lmnrm-Ar~ent of rkiny ereas.
,~8•08•08Q
~,18.81.086.03Q
2, That waiver (B) was dsleted tollowing public notlflcatlon of this petitlon;
3. That waiver (A) Is hereby grant~d on tho besls that there are special clrcumstances
epplicable to the properry such as size, shape, topo~raphy, locatlon or sunoundings, which do not apply
to other id~ntically zoned properties In the viciniry, and thet sMct application of the Zoning Code deprlvos
the property af privile~es enjoyed by other propenles under ldentlcal zonin~ clnesMicatlon in the vfcinlty;
4. That the proposed use Is propor~y one for wh(ch fl condRlonel use pormk Ia authorized by
the Zoning Code;
5. That the proposed use, as granted, wlll not advers~ly eHect ttia ad)ufrtfne land uaes end tl~e
gro~rrth and devetopment of the area in which It Is proposed to be Iocated;
6. 7hat the sixe end shape ot the site tor the proposed use, as grantod, is adequate to allow
the tull development of the proposed usa In a manner not detrimental to the partlcu{ar area nnr to the peace,
iiealth, safety, and generel wolfare;
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7. That the trafflc generated by the propos~d use, as grantecl, wlll not Impose an undue burden
upon the streets and highways deslgnAd and improved to carry the trafflc in the area;
e. 7hat the grenting ot the oarx~iltfonal use p6~mit under the conditlons imposed wlll not be
detrlmentel to the peaco, health, aafery and gengral wel(are of the citizAna of the Cky af Anaheim; and
9. That na one Indicated thelr presenae at ea~f public heariny In opposklon; and that no
correspondenca was recoived In oppositlon to the subJect petkl~n.
CALIFORhIA ~VIRONti"EL~~AL G1UAL-ITY ACT FINDING: 7hat 4he Anehelm Ciry Planning
Commisslan has revlewed the proposal to ratain an automoblle repalr tacillty in conJunctlon wfth an exlsting
gasoline sales tacllity wfth waivora of minlmum Isndscaping abuttirtg Intarlor properry Ilnes and requlred
impravement of parklnp areas on a rectangula~lyshaped parcel oi land consisting of approximately 0.7 ecro
located at the northeast corner of La F'almp Avenue and Kraemer Boulevard, having a~proximeto ironteges
of 172 feet un the north sfdo of La Palma Avenue and 1751eet o~ the oact slde of Kraemer Boulevard and
furth9r described as 3101 East La Palma Avenue; end does hereby approvs ths Negative Declaratlon upun
flnding thet the declaration reflects the Independent Judgement of the lead agsncy and that k has considered
the Negative Declaration together with uny commonts receNed during the public revlew proc9sa and further
finding on the basls of the inltlat study and any comman4s recelved that there Is no substantlal evidance that
the proJect wlll have a slgnificant eHect on the env(ronment.
NOW, TW~REFORE, BE IT RESOIVED that the Anahefm Ciry Planning Commisslon does hereby
~rant subject Petftian for Conditionel Use Permft, in part, upon the following oondfttons which ere hereby
tound to be a necoasary prerequiske to the praposed uss of the aubject properry in order to proservo the
safety and general welfare of ihe Citixene ot tho Ciry of Anaheim:
1. That no on-site fencfng shall be Installed to separate subJect -;~s(noas irom other usea on the property.
2. That no banne-s or other advertising ahall ba dlsplayed wfthin the asrvice baya tacing the public
rights•oi-way unlesa the approprlate permfts are obtalned.
3. That the eppropriate traffic slgnAl assessment fee ahall be pald to tho Ciry ot Anaheim In the amount
~,atablishod by ~iry Council Rasolution.
4. That the existing driveways closeat to the Intersaction of Kreemer Boulevard sh~ll be removed and
repleced wfth atandard wrb, gutter, sidewalk and landscaping.
5. That plans 3hall bR submltted to the Cky Trafftc end Transportatlon Manager for hla review and approval
showing conformance wfth the latest revlsions of Enginee~ing Standard Plan Nos. 438 and 602
pertainin~ to parkinp standards and drh-ewey location. Subject proporty shell thereupon bs dsveloped
and maintained In canfarmance wfth safd plans.
6. That within a pariod of thirty (30; days from the date of thts resolutlon, tho legal property owner shell ;
Irrevocably oHar ta dedicate to the Ctry of Anaheim an easement twe{ve (12) teet in wldth along La „1`'~;,,
Palma Avenue and KraemRr Avenue inctuding a comer cut•oft for Crfticai Intersectlon purposes.
7. Tiiat the existing trash onclosure shall be refurbishsd in accorclance with Sanftatfon Divis(on
requfrements.
6. That subJeot property shall be devetoped substentially fn accordance wfth plans end specfffcations '
submittecl to the Clty of Anahelm by the petftlo~~r and whtch pians ere on f(le with the Plannfng `;
Oepartment labeled Exhibit No. 1. ~}
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9. That Condition No. 6, ~bove•mentlonsd, shall be compi~tsd wkhln a perlod af thfrry (30) days from the
date of thla resolution.
10. That Conditlon Nos. 3, 4, 5, 7 and 8, ebove-msnticned, shell be compieted wkh(n R periad ot ninoiy
(~0) days from tha date of this resolutlon.
11. That approval of thfs appllcatlon constkutes approval oF the proposed requeat only to the extent that
It complleR wi4h the Anahelm Munlolpal Zoning Code and any othor applicable Clty, State and Federal
regulatlnno. Approval doga not Include any actlon or flndlr,~s as to compilanca or epproval af tho
roquest regarding any othAr applicable a-dinance, rsgulatl~n or r~qulrc~mant.
BE IT FURTWER RESOLVED that the Anahelm Clty Plannlnfl Commisalon doas hereby ifnd and
determfne that adoptlon of thls Resolutlon Is ~xpresaly predlcated upon epptic~nt's compilence wlth oach
ond all of the conditlons herolnabove a9t torth. Should any such nndftion, or ~ny part thereot, bs declared
Invalid or unenforceable by the tinal Judgment of any coun of mpetent Juciscllction, then this Resolution,
and any approvals hereln contained, ahall be deemed null a Id.
TWE FOREGOINl3 RESOLUTION was a pt the snning Commission meeting of
January 11, 1993. ~
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ATTEST: . ~
SECRETARY, ANAHEIM CITY PI.ANNINti COMMIS~ION
STATE OF CALIFORNIr1)
COUNTY OF ORANG~ ) s~.
CITY OF ANAHEIM )
I, Edfth L Hanis, Sacratary of the Anaheim Ciry Planning Cummission, do hereby cenify
that the toregoing resolutlon was passed and edopted et a meeting of ths Anaheim Clty Planning
Commission hcld on January 11, '993, by the following vot~ of the membara thereof:
AYES: CQMMISSIONERS: BOYDSTUN, HENNINGER, MESSE, PEqAZf-
NOES: CAMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TAIT
VACANCY: TWO SEATS
IN WITNESS WHEREOF, I havs hereunto aet my hand this ~ day of ~t~,,,-~
1993. , ~
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SECR~'ARY, ANAWEIM CITY PLA ING COMMISSION
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.g. PC93-3