Resolution-PC 99-88RESOLUTION NO. PC99-88
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION N0. PC98-25,
ADOPTED IN CONNECTION WITH CONDITIONAL ~JSE PERMIT NO. 4002
WHEREAS, on February 18, 1998, the Planning Commission adopted Resolution No.
PC98-25 to grant Conditional Jse Permit No. 4002 to permit a large equipment storage and rental yard on
property Iccated at 1801 Eas; Ball Road; and that Condition No. 2 of said resolution specifies, "That this
conditional use pemiit shall expire two (2) years from the date of this resolution, on February 18, 2000 "
WHEREAS, this property is developed with a large equipment storage and rental yard
(Hertz Equipm2nt Rental) and is zoned ML (Limited Industrial); and that the Anaheim General Plan
designates this property for General industrial land uses; and
WHEREAS, on April 26, 1999, the Planning Commission, at the request of the Code
Enforcement Division, Planning Department, initialed a public hearing to consider revocation or
modification of this conditional use permit, pursuant to the provisions of Sections 18.03.091 and 18.03.092
of the Anaheim Municipai Code; and
WHEREAS, lhe City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 24, 1999 at 1:3~ p.m., notice of said pubiic hearing having been duly given as
required by iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed revocation or modification and to investigate
and make findings and recommendations in connection therewith.
~VHEREAS, 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 foilowing facts: •
1. That the proposed revocation or modification of this conditional use permit is authorized
by Anaheim Municipai Code Sections 18.03.091 and 18.03.092.
2. That on May 14, 1999, o~ciai city notices were sent to the business owner of record,
Hertz Equipment Rental Corporation, and to the property owner of record, Rollins Properties, Inc., via
certified maii, to provide notification of the date, place and time of the public hearing to consider the
revocation or modification of this conditional use permit.
3. That as discussed in the Staff Report to the Planning Commission dated May 24, 1999,
Item No 8, and as testified to at the public hearing, this property has been a continual source of
comolaints since this conditional use permit was approved fn February 1998; that continued disturbances
to thE~ adJoining properties constitute a violation of the peace, heaith, safety and general welfaro of the
~iea~by cit(zens; and that notification by Code Enforcement staff to lhe principals of this operation has not
produced satisfactory results.
4. That this conditional use permit has, over a period of several months, been exercised in
violation of the Anaheim Municipal Code, as documented by the Code Enforcement Division.
5. That this conditional use permit has been exercised so as to be a detriment to the pubiic
health or safety, and so as to constitute a nuisance based on the information provided in paragraphs (8)
and (9) of the Staff Report to the Planning Commission.
6. That modification to this conditional use permit, including the imposition of additional
conditi~ns, is reasonably necessary to protect the public peace, health, saFety and general weifare.
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7. That no one (ndicated their presence at the public hearing !n opposition to this proposed
revocation or modificat+on; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAI. QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 21, as deflned in the State of Caiifomia Environmental Impact Reporf
(EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC98-25, adopted in cannection with Conditional Use Permit No.
4002, as follows:
(A) Tnat Condition Na. 6 is amended to read:
That the business hours of operation shall be limited to 7:00 a.m. to 5:30 p.m., Mondays
through Saturdays.
(B) That the following new conditions of approval are added:
25. That the property owner shall pay the cost of code enforcement inspections as often as
necessary until the subject property is brought into compliance with applicable codes and
regulations, or as deemed necessary by the Code Enforcement Division, ?lanning
Department, to gain and/or maintain compliance with state and Iocal statutes, ordinances
laws and regulations.
26. That six (6) months from the date of this resolution, this conditional use permit shall be
reviewed at an advertised public hearing for compliance with e conditions of approval
and other city and state laws and regu tions ter ' e wh er the Planning
Commission should further modify or ermi ate s ~ect use mit.
THE FOREGOING RESOLUTIO wa pte the n' g Commission meeting of
~'Nay 24, 1999.
CHAI , ANAH ITY PLANNING COMMISSION
ATTEST: ~~ ~d^~~
U~(J
SECRETARY, AN EIM CITY PLANNING COMMISSION
STATE OF CALiFORNIA )
COUNTY OF ORANGG ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commfssion, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Cfty Plannfng
Commission heid on May 2A, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this o~lSf day of
__2~((/np! ~ 1999.
/1~.~ n...~ n i_ ~'.A i.
SECRETARY, AINAHEIM CITY PLANNING COMMISSION
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