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Resolution-PC 98-20RESOLUTION NO. PC98-20 A RESOLUTION OF THE ANAHEINI CITY pLqNNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3998 BE GFL4NTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS SHONIN ON A MAP FILED IN BOOK 160, PAGES 1 AND 2 OF PARCEL MAPS iN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COU":T~, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center i~ the City of Anaheim on February 2, 1998 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 Anaheim Municipai Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, sa;d Commission, efter due inspection, investigation and study made by itself and in its behalf, and after due consideration oF all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.110.050.0523 to permit a medical waste transfer faciiity; 2. That the proposed use is properiy one for which a condilional use permit is authorized by the Zoning Code in Development Area 1 of the Northeast Area Specific Plan; 3. That the p;oposed use, as conditioned and when operated as described (n the petitioner's letter of operation, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 4. That the size and shape of the site for the proposed us~ is adequate to allaw full development of the proposal (n a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the existing bu(Iding fs suited to the proposed operations, sufficient warehouse area fs provided, and a secured truck loading/unioading area fs available for the storage and shipping of inedical wastes thereby creating the safest environment possib~e; 5. That the tra~c generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the tra~c in the area because the m(nfmal traffic (estimated to be 4 trucks per day) will be generated by this use; 6. That granting this conditional use permit, under the cond(tions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 7. That no one indicated their presencA at said public hearing in opposition; and that no correspondence was rece(ved in opposition to the subject petition. CR3177PL.DOC -1- PC98-20 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Plann~ng Commission has reviewed the p~oposai to permit a medical waste transfer facility on a 0.23-acre parcel having frontage of 80 feet on the north side of Coronado Street; and located 5~ feet west of the centerline of Barsten Way (1201 North Barsten Way); and does hereby approve the Negativ~ Declaration upon finding that the declaration reflects the independent judgment of the lead agency and +hat it has considered the Negative Declaration together with any comments received during the pubiic review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wili have a significant effect on 4he environment. NOW, THEREFORE, BE IT RESOLVED that lhe Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessar~ prerequisite to the proposed use of the subject property in order to preserve the safery and general welfare of the Citizens of lhe City of Anaheim: 1. That trailers shail not be permitted to park on-site for more than twenty four (24) hours; and that trailers shail not be used for storage of inedical waste containers. 2• l'hat this medical waste facility shall be operated as required under the California Medical Waste Management Act; and ihat no hazardous wastes or materials shall be processed through this facility. 3. That all medical wastes shall be handled in packaged containers, as approved by the California Medical Waste Management Act; and lhat these containers shail remain sealed whiie on the premises. 4. That upon receipt of lwo hu~dred fifty (250) containers or within seven (7) days of receipt of a waste c~ntainer, whichever occurs first, the operator shall transport the collected medical wastes from this facility to an approved treatment facility. 5. That the truck loading area shall remain secured at all times, except when truck Ioadfng and unloading activities are in progress. G. That there shall be no outdoor storage of any materials pertaining to the proposed medical waste transfer facility. 7. That all signs shall be subject to approval by lhe Planning Commission as a"Reports and Recommendations" item. 8. That the business owner shall obtain a valid City of Anaheim Business License from 'nr; Finance Department. 9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 10. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 8 and 9, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of lhe Anaheim Municipal Code. 11. That approval of lhis application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does not include any action or findings as to com;,~iancQ or approval of the request regaruing any other applicable ordinance, regulation or req::irement. '2' PC98-20 BE IT FURTI'ER RESOLVED that the Anaheim City Plann(ng Commission coes hereby find and determine that adoption of this Resolution is exprESSly oredicated upon applicanPs compliance with each and all of the conditions hereinabcve set forth. Shculd any suci~ condition, or any parl ther2of, be declared invalid or unenforceabie by the final Judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contafned, shall be deemed null and voi~. THE FOREGOING RESOLUTIOH was adopted at the Planning Commission meeting of February 2, 1998. ~ i ~~-.-~ ~.~`,-~ , . CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRET RY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Maheim City Pianning Commission, do hereby certify that the foregoing resolution was passed and a~opted at a meeting of the Maheim City Planning Commission held on February 2, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, HENNiNGER, NAPOLES, PERAZA NOES:COMMISSIONERS: NaNE ABSENT: COMMISSIONERS:MAYER !N WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~[,uu,~t, , 1998. VCL9/tGQJ SECRETARY NAHEIM CITY PL4NNING COMMISSION '3' PC98-20