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Resolution-PC 97-162~ ~ u Fcr,LlJT10N NO PC97-162 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-45 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 39?b WHEREAS, on April 28,1997, thc Planning Commission adopted Resolution No. PC97-45 to approve Conditional Use Pcrmit No. 3926 and permit a trailer sales lot and repair facility with waiv.rs of minimum required landscaping adjaccnt to residential zone boundarics, permitted encroachments into setback areas, and required site screening; and that said resolution contains the following two conditians of approval: "lg, That a Line Adjustmcnt Plal (to modify thc west propcrty line ot th'ss propcrry to comhine [he rear s'v.Ky (60) fect of this properry with the properry to the north for parking purposes in connection with the adjacent batting cages and arcadc) shall be submitted to the Subdivision Section for review and approval by the City Enginecr and then rccarded in the OfGcc of thc Orangc County Rccordcr." "21. That prior to issuancc of a building permit or within a pcriod o[ one (1) year from the date of lhis resolution, whichcvcr occurs firs[, Condi[ion Nos. 1, 7, 10, 12, 13, 14, 15, 16, 18, an~l 19, abovc-mentioncd, yhall bc complicd with. Extcnsions for furlher time to complctc said conditions may bc grantcd in accordance with Section 18.03.U90 of the Anahcim Municipal Codc." WHEREAS, subjcct propcrry is a vacant lot •r.oned CL (Commcrcial, Limitcd1; anJ that thc propcrty is located in Community Planning Arca No. 1; WHEREAS, Gcorge M. Kudo, thc property owncr, rcques[s amcndment or dclction of Condition Nos. 18 and 21, pcrtainin6 to rccordation oC a lot linc adjustmcnt prior to issuancc of a building pcrmit, and that he would likc to dclctc this t.iming restriction to cnsurc that devclopmcnt of the projcct is no~ dclayed by the recordation process; and WHEREAS, a rcviscd plan has been submit[ed showing that the rear GO-foot portion of the properry will be dcvcloped with landscaping and a parking lot to usc in conjunction with the Irailer sales and rental agency artd also for cxcess parking for the adjaccnt batting cagcs until such teme as propcrry ownership is transfcrrcd to thc adjaccnt properry owner (to thc north); and that the plan shows a 2-foot wide landscapcd str:p and fourteen (14) 15-gallon palm trces (to be placed along the west propcrty line adjacent to thc apartments), and 2 rows of parking spaccs (42 total) to bc constructcd for the adjaccnt batting cages and overllow parking for the trailer sales and rental facility; and that a portion of the six (6) foot high wrought iron fencc prcviously-approvcd to separate thc Uailer salcs and rental facility from tlre rear portion of thc lot will be rcmovcd to allow pedestrian access to the trailer facility from the parking area. WHEREAS, the City Ylanning C:ommission did hold a public hcaring at the Civic Ccnter in thc City o[ Anahcim on Novembcr 10, 1997, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheicr. Municipal Code, Chapter 18.03, to hear and consider evidence tor and against said proposed amendnent and to invcstigate and make findings and recommendations in conncction therewith; and _1_ PC97-1G2 CR3104PL.WP ~ ~ WHEREAS, said Commission, after due inspection, investigation and study made by itsclf and in its behalf, and a[tcr due considcration of all evidence and reports o[lered at said hearing, does find and determine the following facts: i. That the proposed modiGcation o[ Condition Nos. 18 and 21 is reasonably neccssary to protect the public pcacc, health, safety or gcneral wclfare, or necessary to permi[ reasonable opcration under the conditional usc pcrmit as ganted; and 2. That no one indicated thcir prescnce at said public hearing in opposition; and that no correspondence wat received in opposition to the subject petition. ~,ALIFORNIA CNVIRONMENTAL OUALITY AGT FINDiNG: That the Anahcim City Planning Commission has reviewed the proposal and does hercby find that the Ncgative Declaration prcviously approved in conneclion with Conditional Use Permit No. 3926 is adr,quatc to serve as the rcquired environmental documentation in connection with this rcquest upon finding that the dcdaration rctlects the indcpendent judgcmcnt of the lead agency and that it has conside~ed thc previousl~ approvcd Negativc Declaration together with any commcnts rcceived during the public revicw process and further finding on the basis of thc initial study and any commcnts rcceived that thcre is no substantial evidcnce that thc projcct wi!I bave a significant effect on the environmcnt. NOW THEREFORE BE IT RESOLVED thal lhe Anaheim City Planning Commission does hereby amcnd Conditiou Nos. 18 and 21 of Rcsolution No. PC97-45, adoptcd in conncction with Conditional Use Pcrmit No. 3926, to rcad as follows: 1S. (a) That prior to final building and •r.oning inspections, the rear portion of thc propcrty (thc westernmost s'ucty [GO] feet) shall be developed in accordance with Code requirements for parking and landscaping or, altcrnativcly, that the cntire sixty (GO) fcct shall bc landscapcd in accordance with Code rcquirements. The parking lot conGguration shall bc subjcct to the rcview and approval of thc Ciry Traffic and Transporta[ion Managcr prior [o conslruclion of the parking lot. (b) 1'hat a Lot Linc Adjustmcnt Plat (to modify the wcstcrn propcrry linc of this propcrry to combine thc rear sixty (GO) fect of this ~ropcrry with the property to thc north (for parking purpc~ses in connection with the adjacent batting cages and arcade) shall be submitted to the Devclopmcnt Serviccs Division of thc Public Works Dcpartmcnt for rcvicw and approval by thc City Enginecr and then recorded in thc O[Gcc o[ thc Orange Counry Rccorder in lhc evcnt that ownership of this propcrry is transfcrrcd to thc adjaccnt propcrry owncr. 21. That prior to issuancc of a building pcrmit or within a pcriod of one (1) ycar fram the date of this resolution, whichever occurs first, Condition Nos. 1, 7, 1U,12, 13, 14, ]5, 16 and 19, abovc-mentioned, shall be complicd with. Extcnsians far lurthcr time to complete said conditions may be granted in accordance with Scction 18.03.09Q of thc Anahcim Municipal Codc. -2- PC97-162 ~ ~ THE FOREGOING RFSOLUTION was adopted at thc Planning Commission mccting of Novcmbcr ]0, 1997. ~~ ~~l~~~C-`~ ~,~~. . CHAIRPERSON, ANAHEIM CITY PLAI~iNIN3 COMMISSION ATTEST: c~I~~ SECRET Y, A HEiM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Sccretary of thc Anahcim City Planning Commission, do hcrcby ccrtify that the forcgoing resolution was passcd and adoptcd at a mceting of thc Anahcim City Planning Commission held on Novembcr 10, 1997, by the following vote of thc membcrs tncrcof: qyES; COMNISSIONERS: BG`STWICK, BOYDSTUN, BRISTOL, HENN(NGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER 1N W1TN~S ~~VHEREOF, I havc hcrc~!nto sct my hand this ~ day of ~l7"u'~~~".~"''~ , 1997. ~~ ~ GlJ SECRETARY NAHEIM CI'TY PLANNING COMMISSION -3- PC'~7-]G2