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Resolution-PC 99-218RESOLUTION NO. PC99-218 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC99-88, ADOPi'ED IN CONNECTIOiJ VJiTH CONDITIONAL USE PERMIT NO. 4002 AND AS AMENJED, TO D[LETE CONDITION NO. 26 WHEREAS, on Febr~ary 18, 1~98, the Pianning Commission adopted Resolution No. PC98-25 to grant Conditional Use Permit No. 4002 to permit and retain a large equipment storage and rental yard at 1801 East Ball ftoad; and that on May 24, 1999 Commission adopted Resoluqon No. PC99-88 to amend said resolution, inciuding the imposition of an additional conditions, including new Condition No. 26, as follows: "25. That six (6) months from the date of this resolution, th~s conditional use permit shall be reviewed at an advertised public hearing for compliance with the conditions of approval and other city and state laws and regulations to determiiie whether the Planning Commission should further modify or terminate s~.~bject use permit " WHEREAS, the property is developed with a large equipment storage and rental yard (Hertz Equipment Rental) located in the ML (Limited Industrial) zone; and that the Anaheim ~eneral Plan Land Use Element designates this property for General Industrial land uses; and WHEREAS, this is a City-initiated public hearing to consider further modification or revocation of this conditional use permit for a large equipment storage yard which contains a condition requiring a six month review; and WHEREAS, th~ City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 1999, 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 Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection 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 determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as it fs operating, has not adversely affected the adjoining land uses and the growth and development of the area in which it is located. 3. That the siza and shape of the site for the use fs adequate to allow full development of the use in a manner no+ detrimental to the particular area nor to the peace, heaith, safety and general we!fare. 4. That the tr3ffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the tra~c in the area. 5. That the modification of this conditional use permit, under the conditions fmposed, will not be detrimental to ;he peace, health, safety and general welfare of the citizens of the City of Anaheim. CR3836PK.DOC -1- FCy9-21 S F. That no one indicated their presence at the public hearing in opposition to the proposal; ~.^.~' :iiat no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission recons(derat(on of ihis conditionai use permit, which is conditioned for a six month review of the exfsting large equipment storage yard at 1801 East Ball Road to determine whether any further modification or revocation proceedings should take piace at the conclusion of the six month time frame, is made in conJunction with an advertised public hearing; and that the Commission does hereby find that the Negative Declaration previously approved in connection with this Conditional Use Permit No. 4002 is adequate to serve as the required environmental documentation in connection with this request upon finding that the deciaration reflects the indepenrJent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the fnitial study and any comments received that there is no substantial evfdence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC98-25, adopted in conjunction with Conditional Use Permit No. 4002 and as amended, to delete Cond(tion No. 26 (n its entirety on the basis of the foregr~fng findings. THE FOREGOING RESOLUTION was ado ed at)he,Planning Commission meeting of December 6, 1999. ' ~ L /) ` C/ % CHAIRPE ON PRO TEMPORE ANAHEI ITY PLANNING COMMISSION ATTEST: ~_ ~ ~~ SECRHTARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commiss(on, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on December 6, 1999, by the foliowing vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: 80YOSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _~~i,~, 2000. / ~ .S~,e~s SECRETARY NAHEIM C;iTY PLl1NNING COMMISSION -Z- PC99-218