Resolution-PC 95-119._. ?
RFSQl.~11lON NO. PC95-11~
,~,
l~ RESOLUTION OF TWE ANAHEIN! Cl'TY PI..A+NNING GOMMISSIQN
AMENDINC r~RTAIN CONDITlONS CJF APPROVAL ~JF
F1~SqLUTION NOS. PC90-100 AND PC92-103 AbOPTED IN CONNECTIOiV WITH
Vf\RIANCE NU. 40~1
WI-IEREAS, un April. 23, 1990 thA -~lann(ng Commission adopted l~osolution No. F'G90-1 QO
approving Variance No. 40~t1 (to ~Nafvo minimum r~umber ~f parking s~ces and limitations to permitted uses
ancl structuras tc~ establish a home improvoment center wfth outdoar garden center); mnd that no further
action waa tr~ken by the City Council.
WHEREAS, on Auc~ust 24, 1992 the Planning Commissian adopted Resolution No. PC92-103
amenclfng F2osolution Na. PC90-100 to delato GondFtlon No.13 pertainirig to lim(t(ng thQ outdoor storage and
display area to the enc{ased outdoor gArclen area, revising Exhibit Nos. 1 and 3, and adding tho following
c~nditions of app~~oval:
29, That a minimum faur (4) fget af the sidewalk (n front of The Flome Depot bufiding shall be
maintain~; `~r ped~~tri~n walkw~ys.
30. That the new screen wall to the north of the prc~posad "outsfde dfsplay area" (shown an
Revision No. 1 of Exhlbit N~. 1) shall be six (6) feet hi~h and landscaping shail be instalisd
and maintained in front of said wail (facing Lincoln Avenue ) for ihe purpASO of view-scrc~ening
tho outsfde dispiay aroa frum Lincotn Aver~ue.
31. That subject variance shali qxpire one {1) year from the date of this resoiutfan (i.e., August
24, 1993); provided, however, that tfmo extensions may be requASt~d fn connectfon with a
pubfic hearing, and, if approvod, tt~o waiv~ers may cantfnue for the additional specffied tirrie.
WNEFlEAS, the City Planning Commission did hold a public hearing at th~ Civic Center in
the City of Anaheirn on Septemb~r 18, 199~, at 1:30 p.m,, notice af said public hoa-'~~g having been duly
given as required by law and in accordance with the prAVisions nf the Anaheim Municlpal Codo, Chapter
y8.03, to hsar and ~considor avidence for and against said proposed amendm9nt and to investigate and
make findin~s and recammendations in cannect~on therewith; and
WHEREAS, said Gommission, after dus inspection, investigation and study made by itse~r
and in its behaif, and a~ier due cons(deration of all evidenco and reports ufferad at said hearing, does firid
and determine the following facts:
1. That the uso is not being Sxercised in ~ manner to adversely ~ffoct the adjacent land uses
and tha~ no complaints have been generated or obvious hazards identified due to the ~cCNitlos assaciated
with the use;
2. That, in accordanae with Sectinn 18.63.093.041 of ths Zoning Code pertaining to extensions
or moclifications of time for varlancos approveal w~th timo limitat(ons, the Piannfng Cc~mmission does l~ereby
find that said variance is being exercised in a mannor not dotr(mental 4o the particular are~ and
surrounding {and uses, nor to the publlc peace, hoalth, safety and general welfare;
3. 7hat no one indiaatod thoir ure~enae at said publia hearing i~ opposition; an~ tFiat no
carraspondence was received in apposition to the sub)~cc pecitfan.
CR24E36DM -1- PC95-11 ~J
apnrovod in connection with Varlance Na 4uw~ ~s a~~~U~~° ~~ y° •~ M~ .. ._,
~ocumenPation in connactlon wlth this requeat upon fliiding that tho declaration reflect;~ the independent
judyem~nt of the lend agen~cy and that it has aonsidered the Negative Declaration tagether with eny
commonts received during tha pub„~cre fse a substant al ev de ce thait g e proJe~t will 4~avhe anslgn6fican
and any commAnts raceiv~d that
effeat on tho environmant,
~IAW T,~.~REFp~~ gE ~T RESQLV,~ that the Pianning Commisslon daas hereby amond
Resolutidn Np. PC90-100, as amended by Res~l~afian No. PC92-103, as foilows:
(a) That Conditian Nos. 30 and 31 aro amended to reac9:
30. That the new sareen fe~ce to the north af t.he proposed "outside dispiay area" (shown on
Revision No. 1 of Exhibft No. 1) shall ba six (6) feet high and landscapirig sliall be installed and
maintained in frant of said ~incoin Ave us, and such screenhfencepand ~ands ap ng shall tbe
outside ciisplay araa from
instaliad within sixty (60) ciays from the date c~f this resolutian.
31. 1'hat appraval is granted for~¢ nP~ c~ diserlocated outside tl~efen ed ~nglosure areaa(autdooe
outdaor ktorage ar disp ay
garden center) onfy.
(b~ 7h~t the fallowing two condftions are added:
32. That there shel! be na outdoor~1egra mary shown~ on fFievlsf n! No.~1 ofhExhibit No 1~~ria1~ to be
contained within the outdr,o
33. That a final fence pian shall be submmed to the Zonfng Divisiori of the Planning Department for
review and approval by staff,
THE rQREG0ING RE~OI.UI'ION was adopted at tha Planning ~ammission meeting of
September 18, 1995, i~'
CN C7MA~i, ANAHEIM CITY NNING COMP~AISSIrJN
ATTEST:
~~~
SECR~A , AH~IM CITY LANh11NG COMMISSION
STATE OF CALIFOWNfA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
do hereby certify
I, Margarita Solorio, Secre:ary of tho Anaheins C~ty Planning Comm(ssion,
that the foregoing resolution was passed and adopted at a maeting of tho Anaheim ~t~y Planning
Commis~ior~ h~ld on September 18, 1995, by the follow(r.g vote af the mAmbers thereof:
A\'ES: COMMISSIONCRS: NpNE ICK, BRISTOL, H~NPJINGER, MAYCR, MESSF, PERATA
NOES. COMMISSIONERS
ABSENT: CONIMlSSIONERS: BOYDSTiJN
IN WITNESS WHEREOF, I have hmreunto set my hand tliis ~?~' day of ~~~
1995. ~~~
SECRETA Y, NAHE M CITY P NNING CQMMISSION
.2. PC95-119