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PC 79-238; RESOLUTION N0. PC79-238 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2046 BE GRANTED, ~N PART WHEREAS, The Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit t~~m ANAHEIM iNSURANCE LEASECO, 601 West Fifth Street, Suite 1200, Los Angeles, Lalifornia, 90017, owner and LEROY D. OWEN COMPANY, 500 South Main Street, Suite 5C0 C.T., Orange, California 92668, agent, of certain real property situated in the City of Anahaim, County of Orange, State of California, described as: That portion of fractional Southeast quarter of Section 26, Township 4 South, Range 10 West, in the Rancho Cajon de Santa Ana, in the City of Anaheim, as shown on a map [hereof recorded in book Si, page 10, Miscellaneous Maps, records of said Oran9e County, shown as Parcel 2 on a map recorded in book 43, page 15 of Parcel Maps, records of said Orange County. WHEREAS, The City Planninq Lortmission did hold a public hearing at the City Hall in the Lity of Anaheim on December 17, 1979.~t 1:30 p,m., no[ice of said public hearing having been duly given as required by law and in accordan~e With the pro- visions of the Anaheim rlunicipal Code, Chap[er 18.03, to hear and consider evidence for and against said proposed corditionat use permit and to inves[lgate and make findings and recommendaiions in connection therewith; and WHEREAS, said Commission, after due inspection, in•:tstigation and study nade by itsell' and in its behalf, and after due consi~rati~;i of all evidence and reports offered at said hearing, does find and determine the following facts: ~, That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Muricipai Code Section 18.44.050.340 to wit: to permit a bus [erminal with the following watvers: (a) SE('TION 18.04.043.101 and 18.44.064 - Maximum fence hei ht. 2 inches permitted in front setback; fe~ et Proposed) (b) SECTION 18.44.063.010 - Minimum structural secback. (~) SECTION 18.44.063.OS0 - Minimum landsca ed setback. 10 eet required; none propo9ed) (d) SEGTION 18.44.068 - Re uired site screenin . oot high masonry wall required; foot high chain-link fence proposed along north and south property lines) PC79-236 1 4 Z, That ~aaiver (b)is hereby denied on thc basis that subsequent [o the legal advertisement, the petitioner submitted additional information eliminating the need for said waiver. 3, That waivers (ai, (c) and (d) are nereby granted on the basis of the limited size and u~r~su~l shape of the property. y, That the ~rnposed use, as granted, will not adversely affect chc adjoining la~d uses and the y~ ch and development of the area in which i; is proposed to be located. 5, That the size and shape of the site proposed for the use, as granied, is adequate to allow the full development of the proposed use in a rnanner not detrimental to the particular area nor [o the peace, health, safety and general welfare of the Citizens of [he City of Anaheim. 6, Tha[ granting of the Condi[ional Use Permit under the ~eneral~welfaresed, if any, wi11 not be detrimental to the peace, health, safety, and 9 of the Citizens of the City of Anaheim. ~, That the traffic generated by the proposed use, as granted, will not impose an undue burden upon che stree[s and highways designed and improved to carry che traffic in the area. g, That no one indicated [h~ir presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPAC7 FINDING: Tha[ thc Anaheim City Pianning Commission has reviewed the Prcposal to permit a bus cerminal with waivers of maximum fence heigh~~, minimum landscaped setback and required site screening on an irre9ularly-shaped parcel of land consistinq of approximatelY 0.7 acre havinq a frontaqe of approximately 195 feet on the wes[ side of Manche.sier Avenue, having a maximum depth of approxi- n~ateiy 25l `eet, f~eing located approximately 290 feet southeast of the centerline of Orangcwood Avenue; and does hereby apProve [hc Negative Declaration from the requiremen~ to prepare an environmental impact report on the basi~ that there would be no significant individual or cumulative adverse environmental impacc due to the approvai of this Negative Declaration since [he Anaheim General Plan designates [he subject Property for medium density residential land uses corm+ensurace with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indica[es no significan[ individual or cumulative adverse environmental impacis; and that the Negative Oeclaration substantiating the foregoing findings is on file in the City of Anaheim Plannin9 DePartment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ci[y Planning Commission does hereby grant subJect PeCition for Conditional Use Permit, upon the followin9 conditions which are hereby in odde~ to preserveathepsafety~andegeneral welfaredof use of the subject property the Citizens of the City of Anaheim: -2- Pc79-a3a ~, Tha[ the owner(s) of subJect property shali submit ~ letter requesting tcrmination of Conditional Use Permit No. 1684 to the Planning Department. Z, That the proposed bus terminal ~hall comply with all signin9 requirernents of the CL zo^e• 3, That subject property shall be developed substan[ially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 4, That Conditio~ No. 1, above-mentioned, shall be c~~mplied with prior to commencement of the activity authorized under this resolution, including issuance of a business license or building permit. 5, That there shall be no on-site mechanical repair, malntenan~e, or fueling of buses, as stipulaCed to by the petitioner. gE 17 FURTHER RESOLVED that the Anahcim City Planning Lommission does hereby find and de[ermine tha[ ado~t(on or this Resotution is expressly predicated upon applican['s compliance with each and a?1 of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by [he final judgment of any court of compet~nt jurisdiction, then this Resolu[ion. and any apProvals he:ein contained, shali be deemed null and void. THE FOREGOING RESOLUTION is signed and approved oy me this 17th day of December, 1979. ~ /i~./. /° ,~ ~ GHAIRWOH4!:. An?!iEIM CITY PLANNIN COMMISSION ATTEST: ~ ~ ~ ~ ~~ SECRETARY, ANAHEIH CITY PLANNING COMM ~T6A STA7E OE CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of thc Anaheim City Planning Cortmission, do hereby certify that the foregoing resolution was passed and adopCed at a mee[ing of the Anaheim City Planning Commission held on December 17. 1979, by the foilowing vote of thc members thereof: AYES: CQMMISSIONERS: BARNES, BUSHORE, DAViO. FRY, HERBST, KING NOES: COMMISSIONERS: NONE ABSENT: COMMt5510NER5: TOLAR ~N WITNESS WHEFEOF. 1 havc hcreunto set my hand this 17th day of Decembe~~ 1979• ~~ c,~ ,~ l~.~i SECRETARY, ANAHEIM CITY PLANNING COMt115510N -3- PC79-238