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Resolution-PC 98-30R~~04U i ~ON NO. P~9,3t-~j7 A kESC1LUTiQtJ ~JF TH'r. P~NAHEiM CITY PLAt~Ndlti ~ CUNlt~AIS3iQ'~ 7HAT PETITION ~~~,CONDI':2QNAL U5E PERb71T NO. ~4u'v v~ ~;tANTED WHEREAS, tlie /'= ,~:heim ~6ty Planning Commisst:.?n did ~:;>eive a verified Petition for Conditional Use Permit for certa~~.t r~=.:~' property situated in the Ciiy ~~i .lnahain:; Q~nunty of Orange, State of California, described as: PARCEL 3, AS SHOWN ON A MAP FI~~D IN F3~OK 107, PAGE 47 OF PARCEL MAPS, IN THE OFFIC~t Or THE GOJNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a, public hearing at the Civic Center in the City of Aneheim on March 2, 1998 at 1:50 p.m., notice of i;..a3d public hearing having been duly given as required by law and in accordance with the provision ~:,f the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against seid aropos~~ conditional use permit and to (nvestigate and make findings and recommendations in conne~tion therewith; and WHEREAS, said Commission, after 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 determir.e lhe following facts: 1. That the propesed use i~ properly one for wtiich a conditional use permit is authorized by the Anaheim Municipal Code Section 18.110.050.050.0524 to permit a large equipment rental yard in Development Area 1"Industrial Area" of the Northeast Area Specific Plan (SP94-1); 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because this large equipment rental facility as conditioned, will not affect the neighboring industrial properties and will be screened so as not be detrimental to the future development of adjoining cornmercial properties; 3. That the size and shape of the site for the proposed use is adequate to allow full development of said use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because no Code waivers atn requested; 4. 7hat the tra~c gener~+ted by the pr~or,;;ed ~ise will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the required on-site parking for employees and customers will be provided; 5. That granting of this conditional use permit, under the conditions (mposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. That no one indicated their presence at said public hearino in opposition; and that no correspondence was received in opposition to the subject petiQon. CR3199PL.DOC -1- PC98-30 CALIFORNIA ENVIRONMENT'~L UALITY Ak7 FINDING: That the Anaheim City Planning Commission has roviewed the proposai to permit a 1arg~ equipment rental yard on a 1.85-acre property, having frontage of 270 feet on the east side of Red n'~m Street, a maxirt~um depth of 298 feet and being located 390 feet south of the centerline of La Jolla Street (1354 North Red Gum Street); and does hereby approve the Negative Declaration upon findirig that lhe declaration reflects the independent judgement of lhe lead agency and that it has considered the Negative Declaration together with any comments received during the public 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 will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property :n order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That no equipment shall be "dispiayed" or be elevated so as to be visible to Red Gum Street. 2. That the large equipment shall be stored near the rear (east edge) of the yard. 3. That there shall be no outdoor storage in any required parking area. 4. That the thirty five (35) parking spaces required by Code sliall be striped and clearly marked "customer/employee parking only"; and at no tfine shall customer or employee vehicles be stacked, double parked, or lek standing in tandem in front of, or adjac;ent to, the buildings. 5. That the property owner shall maintain the existing Italian Cypress tree wind row facing Red Gum Street at its present height in crder to preserve screening of the rental yard; and that the existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 6. That it, and when, any future development of the abutting property to the south results in demolition of the existing neighboring industrial buildings thereby making this rental yard visible to Red Gum Street, the property owner shall construct a minimum six (6) foot high masonry block wall and piant ciinging vines aiong the south property line for screening purposes. 7. That the sales of equipment shail be incidental to the rental business. 8. That the owner of subject pi~ara;ty shall submit a tetter requesting termination Conditional Use Permit Nos. 2345 (permitting retention of a portable o~ce), 1705 (pennitting truck and trailer storage wifh waiver of oermitted outdooc uses) and 1551 (permitting a contractor's storage yard) to the Zoning Division. 9. That subject use permit sha!I E~xpire th«e (3) years from lhe date of lhis resolution, on March 2, 2001. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City af ~~naheim by the petitioner and which plans are on file with the Planning Depa~rrent marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. Th~t prior to lhe comme~csment of the business activity authorized by this resolution, or prior to final building and zoning inspacti4ns, ~r within a period of one (1) year from the date of this resolution, whichever occurs fir:;':, Gfr.:.<;;[~~)n Nos. 4, 8 and 10, above-mentioned, shall be complied with. Extensions for further time to compiete said condiqons may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. '2' PC98-31~ 12. That approval of this application constitutes approval of the proposed request only to the extent that it complies with fhe Anaheim Municipal Zoning Code and any other applicable City, State ard Federal regulations. Approvai does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation o~ requirement. 13. That signage far subject facility shall te limited to that whicti (s shown on the exhibits submittad by the petitioner. Any additional signage shall be subject to review and approval by the %Ianr~ing Commission as a"Reports and Recommendatlons" item. BE IT FURTHER RESOLVEO that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressiy predicated upon applica~Ys comoliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 2, 1998. l~/~~r ~CC_.~ ~i~J7 ~r~l~ CHJXfRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: -~ ~ ~~~ SECRETARY, Af +~,HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANA~IEIM ) I, Margarita Solorio, Secretary of the Maheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeti;ig of the Anaheim City Planning Commission held on March 2, 1998, by the following vote of the membe;s thereof: AYES: COMMISSIOiJERS:BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this os' day of _l.~ f-=-~ 1998. ~(}~OI~CO~ SECRETARY, AHEIf~A CITY PLANNING COMMISSION ~J~ PC98-30