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Resolution-PC 92-127~ ,~ESOLUTION NQ. f'C92-127 w~~ A RE~OLUTIpN OF THE ANAHEINA CITY PIANNING COAAMISSION 7HAT PETITION FOR CONDITIONAL USE PERMI'T NO. 3557 9E GFlAN'fED, IN PART WHEREAS, the Anaheim Ciry Planning Commissian dfd recoive a verfiled F'otltion for Car~ditlanal Use Permit for certaln real property situntod In tho Ciry af AnaFiolm, Cdunty af Orange, Stato of Californla, described as: PARCEL A, IN THE CITY OF ANAHEIM, COUNTY UF OFlANGE, STATE 01= CALIFORNIA, AS PER MAP FILED I~ BOOK 28, PAGF 24 OF PARCEL MAPS, IPJ THE OFFICE OF TI-IE COUNTY RECORbER OF SAID ~OUNTY. WHEREAS, the City Planning Commisslon dld hold a public liearing at the Civic Centor fn the Cfty of Anahaim on Octobar 1Q, 1992, at 1:30 p.m., notice of said publlc hearing h~vlnq been duly givon ns required hy la~v and in accordance with the provisions of the Anahelm Municipal Code, Chapter 18.03, to h9ar and consider evidence for and against seid propo~ed conditlonai use p~rmit and to Investigate and make flndings and recummer~datfons In connectlon therewith; and WHEREAS, sald Commisslon, after dua Inspection, Investlgation and study made by ftsolf and In its behalf, ~nd Aiter due cans(deratfon of all evidence arid reports otferod at sald hearing, does find And datormine tha follqwinA facts: 1. That the proposed use Is properlY ono f~r which a condftianal use permit is au~horized by Anahpim Mu~lcipal Code Section 1a.61.050.070 to permit diesel truck repair with walver of the following; (A) Socdons 18 06.05Q~Q$12 - Minimum nur~~er of ricna ino s~~es. ],8,06,05Q.0222 (~$ required; ~ existing) 18,06,050.031 1 g•06.080 and 8 61.066.050 (Bj Sectfon 18.61.Q~g,02~ - Pg(in}tted encroAChments In front setback orea. (~ -{~ hlgh decoratlve screen wall permitted 10 f~et from Broadway; ,gJ94S hlgh slattod chain Iink fencg propos~d) 2. That the perl<ing walver (A) witl not cause an Increase In traHic congestion in the Immediate vlctniry nor adverseiy aHect any adJolnln~ land uses; and thAt, basod on the parking ~tudy submittad by the petitfoner, the Cft~i Tr~Nfr, and Trene~artation hlaneger has determined that odequate parking exists inr subjoct use; 3. That the granting of tho pArking walver under the candltlAns imp~sed will not ba detrfmontal to the pe~ce, haalth, saiety or g~r.eral weliaro of the citirons of the City of An~heim; 4. That waiver (E3) i~ hereby denfed because the proposed 6•foot hlgh chaln Ilnk fonr.e Inteiwoven with redwood slats wouici be constructed to enclose an outdoor storage area located In the front setback area anti that Zoning Code permhs only landscapfng and park{ng in iga{d required 50-toot front sotback ares; 5. That there are speclal no clrcumstances ap~tlcable to the property auch as size, shape, topography, Iccation or sunourxlings, whfch do not app~y to othor identfcally zon~d prcportios In the vlcinity; CR1641 MS.wp -1. PC92•127 _ _ ~,,,~ 6. That ~strlct applicfltion of the Zoning Code does not deprivo the properry of prlvllages en~oyed by other propertlea In identical zoning classffi~tion In tlio viclniry; 7. 7hat approval of wa(vor tB) could ostablish an undeslrable pracedont because ihere ere several vacant uncieveloped ~arcols In the araa, and outdoor storage in the publir vlew (slatt~d chein Iink fencing would provide unly partiat acre~ning) In the front sotback Is inappraprl~te; S. 1'hat the proposed use Is properly one for which a conditionel uso permft Is autfiorizad by the 2oning Code; ~. That the proposed use, as ~r~nted, will not adversaly affect the adjofnin~ land uaes and the growth and development of the area In which ft is proposed to be locatod; 10. That the size end shepe of tho slte f~r the pro~waod use is adoquate to allc+w the fuil developmont of ths proposed use In a mann~r not detrimentAl to the particuiar area nor to the peace, health, safoty, end general waltare; 11. That the~ 4ra(flc generated by the proposecl use, as grantecl, will not Impose an undue burden upon tho streets and highways designeci and improved to carry tho traffic In the area; 12. Tf~at the ~ranting of :he condftlonal use pernit under the condkions irnposod will n~t be detrimental to the peaco, health, safety and general welfAre of the cftizens of the Clty of Anahelm; end 13. That one (1) persor~ Indicated fita presonce at safd public hoaring In opposftlon; and that na carrespond~nce was r~celved in oppositlon to the subject petitlon. ,~ALIFORNIA ENVIRONNiENTAL ~UI~LITY ACT FINQI 1: That tha Anahelm City Planning Commi~sion has reviewed th~ propos~l to perrnit diesel truck repair with waivers of minfmum number o4 parking apaces and permmnd encroachmonts In 4hv front setbeck area on a rectanflularly-ahapod pa-cel of land c~nslsting of approximtitely 0.53 acre located at the southeast comer of Broadwny a~d Adams Street, iiaving approxlmate irantage~ of 112 feet on the xouth side of Broadway ~nd 212 feet on the east side of Adams Street, and further described es 1430 West Broedway; arx! doeg horoby approve the Negativo Declnration upon iinding that the declaration reilects tho indopendent ~udgemeM af the leod agoncy and that k haa consldered tha NegRtiva Oectaration together with any comments received during the publlc revlew procesa and further iindiny on tho bao!s of the inftlal study ar~l any comments received that there is no outrstant(al evidence that the pro~ect wlll have a sidnificant efiect on the enviranment. NOW, THEREFORE, dE IT RESOLVED that the Anahofm Cky Planning Gommisalon does hereby grant subJect Petition tor Condftional Use Permft, In Fart, upan the following condftions whlct~ are hereby found ~o he a nocessF-ry prerequisite to th~ proposed use of the subJoct proporry In orcfer to presArve the safocy and gonert~l wnlfare of the Cftizens of the Ciry of Anahelm: 1. That pr~or to Issuance of a building permR ar within a period of ninety (90) days from the date of this resolution, whichever xcurs first, the approprfate traffic sfgnel asseoament fee Ahall be paid to the Cfty of Anahelm In an amount ustablished by Clty ~:ouncil Resolutlon. 2. That a landscape and irrigation plan tor subject ~roperty and showing ~ompllance with Soctfon 1 g,04,p60 'Landscaping Requfrements-General" shall be submitted to the Zoning Div(slon fot revlew and approval. Said approved landscap(ng sl~all be installed and maintaEned therseker. Any declsion mede by the Zoning Divislon rdgerding st.ifd ~lan may t,o appeAlod to the Ptanning Commisslon and/or Ciry Councll. If Adams Street Is abendoned prior to final building and zoning Inspections, the requiremersi for tandscaping said iront setbsck shall no longer appiy and landsceping need not be Installed in said sotback. -2- PC92-i 27 ~~~ 3. That a~ny proposed irovstanding sign on subJact property shall be a monument-rype nnt exceetling eipht (8) feet In height ami shall be subject 4o the revlew and approval of tho Ciry Trafflc and Transport~tlon Mt~nager to dAt9rmine adequate Ilnes-af-sight. =i. That prior to ifnal bullding and zoning insp~~ctiona e skiewalk access ramp shall be ~onstructed at the cornc~r of Flroadway and Hessel Street. 5. That the ownor of subjact property ~hall submft a letter requesting termination of Condfttonal Use Pormit No. 14Q8 (to construct a blllboard excoeding the allowable size and at a IoGatlon other than authorized by Code) to the Zoning Qivlsion. 6. ThAt subJect pro~aerty shall be dovelopad substantlally In accord~nce wkh plan~ and specfflcatlons submitted to tho Clty ofi Anaheim by the petfti~ner and which plans aro on }ile wfth the Planning Department marked Exhibit Nos. 1 and 2. 7. That prlor to issuance of a bullding permit or wfthin sa pe;tod of one (1) year from th9 date of this resolutlan, whichever occurs first, Canditlan Noa. 1, 2 and 5, above•mentianed, shali be com~lied with. Extensions for fuKher tlme to complete said conditlons may be grented In accordance with 5~cilon 18.03.09~ of the Anaheim Municipal Code. 8. ThAt p~lor to tinal buildinfl and zoning inspectlons or wlthin a perlocJ of one (i) year trum the tiate of this resolutlon, whichever occura iirst, C~ndition Nos. 2, 4 and 6, above-mentionod, shall be complied wRh. 9. That approval of this applicatfon constftutos approv~l of tFie proposed requeat only to the oxten4 that ft complfes with the Anaheim Muni~cipat Zoning Code and any other appllcablo Ciry, State and Federal rc~gulations. Approval does nat include any actlon or findings as tA compliance or approval of the roquest regarding any other applicabte ordinenoe, regulation or requfrement. F3E IT FURTHER RESOLVED that the Anahelm Clty Planning Commisalon does hareby ilnd and determine that ~doptlon of thls Resolutlon Is oxpresaly predicat upon applicanYs compli~nce with each and all of the conditluns herelnabove set torth. Shouid any ch condftion, or any part thereof, be declared invall~ or unenforceable by th~ tinal Judgment oF any ou of competent Juris.lictlon, then this Resolution, and any approvals herein contalned, shall be de ed~ll and vold~ THE FaREGOING RESOLUTION was a~ted th~lanr~lfj~ Commisslon rr~oeting of Octobor 19, 1992. / ,c~.r //~.IA~l~t/t~ilr"' ATTEST: ~ ~ ,.,r~.;~" ~ _ ~~~ - SECftETARY, ANAHEIM CITY PLANNING COMMISSION , AMAHFIM CITY PLANNINC3 ,~q- PC92•127 ~~~ t ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, , CITY OF ANAHEIM ) I, Janet L. Jenenn, Secretary of the Anahelm ~ity Plenning Commission, do her~by certihr that the foreyv~~~~ reaolution was pesoed and adoptaci ~t a meetinfl of the Anahelm Clry Plsnnin~ Com:nisston held un October 1g, 1992, bY the followl~g voto of tho msmbars thereof: AYES: CAMMISSIONERS; BRISTOL, HENNINGER, MESSE, PFFiAZA, TAIT, ZEMEL ; NOES: COMMISSIONER~; NONF. ~ ABSENT: COMMISSlONERS; NON~ y VACANCY: ONE SEAT ; ~~ IN WITNESS WHEREOF, I havo heraunto set my hand thls ,: ,?;, ~; ~ tlay of 4 1' ./~~ ~ 1' ~/1'l•r.' J i .~. ~1 ~2. ~_.~:~. •;~..'', --~,~,~, ~..,~._ ~ S CRETARY, ANAH~IPA CITY PUINNING COMMISSIQN ~ i ~ E ,.~,.,,. I .4- PC92-127