Resolution-PC 92-151~,~~1~~ i~ ).:'1~~':\
/'
,~~,,~ LUTION NQ PC~-169
A RESOLlJTION OF THE APJAHGlM CITY PLANNINa COh1MISSION
THAT PE7ITIQN FOR CONDITIANAL USE PERMIT N0. 3570 BE GRAIVTED
WHEREAS, the Anah9lm Cfty Planning Commisslon did recoive a veiifled Petftlon for Condklonal
Use Permit for certain re~l property situated in tho Ciry of Anahelm, County of Orange, State of Calttomia,
described as:
7HAT PORTI~JN OF THE L~.NDS OF DREYFUS AND OTWEFlS SHOWN ON A
MAP OF ANAHElM EXfENSION, A3 SHOWN ON A MAP OF SURVP'f BY
WILl.IpM HAMEI. AND FILED Ih THE OFFICE OF THE COUNTY RECOR~eR OF
LQS P.NGELES COUNTY, CALIFORNIA, A ~OPY nF WHI~H IS SHAWN IN BOOK
3 PAGES 163 AND FOLLOWINQ, ENTITLED'LOS ANGELES COUNTY MAPS', IN
THE OFFICE OF THE COUNTY RECORDER OF SAID JRANGE COUNTY,
DESCRIBED AS FOLLC~WS:
BEL~INNING AT' A POINT WHICH IS SOUTH iS D~G. 30' 70" EAST 330.00 F~~T
ALONG 7FIE CENTER LINE OF SOUTH ERST STREET FROM T!-IE
INTERSECTION OF SAID CEMER LINE WITH THE CEN7FR LINE OF F.AST
SOUTH STREEI' AS SHOWN ON A MAP FILED IN BO~K 26 PAGE 13 OF
RECORD OF uURVEYS IN THE OF~ICE OF THE COUNTY RECQRDER OF SAIb
ORANGE COUNTII; THENC~ u0U1Fl 74 DEG. 21' 04" WEST 84U.27 FEEI"
PARALLEL WITH SAID CENTER LINE OF EAST SOUTH STREET TO A LINE
PARALLEL WITH 'fHE EASTERLY IJNE OF ORANGE STREET AND THE
NQRTHEASTERLY 515.00 FEET, MEASUREO ALONG SAID CENTER LINE OF
EAST 50UTH STREET, FROM SAIQ EASTERLY UNE OF ORANGE STREET;
THENCE SOUTH 15 OEG. 30' S8" ERST ALONG SAIn PARJILLEL LINE TO THE
SOU1'HERLY LIN~ OF THE LAND DESCRIBED I~l UEED TO JOHN F. KIRSCH
AN~ WlFE, RECORDED Ml.Y 20, if)43, IN BOC'K 1194 PAGE 41, OFFICIAL
RECORDS OF SAID dRANGE COUNTY; THENCE' NORTH EASTERLY ALONQ
SAID SOUTHtRLY UNE TO TiiE CENTER UNE OF SAID SOUTH EAST STREET;
THENCE NORTH 15 DEG. 30' OT" WEuT ALQNG :iA10 CENTER LINE TO THE
POINT 0~ BEGINNING.
EXCEPT THE NORTHERLY 261.46 FEET OF THI: EASTERI.Y t81.50 FEE1'
MFJISURED ALONCi 7HE NdR7HERLY AND EASTE~~LY UNES THEREOF.
ALSO EXCEPT ThAT PORTION THEREAF INCLUDE[- IN SOUTH EAST STREET.
WHEREAS, the Clty Plsnninp Commisslon dtd hdd a~ubiic hearing at tha Clvic C~nter in the
City ot Anehoim on December 14, 1992, at 1:30 p.m., notice ot sa6i puWi~ hearing having been duly piven
as requlred by law and fn accordance wfth the provisions of the Anehelm Municipal Code, Chapter 18.03,
to hear and conslder evidence tor and against said proposed conditlonal use permh and to invostigete and
make tindinQs and recommendptions fn connection thorewith; arri
WhIEREAS, said Corr~mission, atter due inspection, Irn-astifletion and study made by itself ar~d
in fts bahalf, u~d atter due conskieratfnn of aA ovldence end repor:s aiierecl at said hoaring, does flnd and
determfne the foilawlnp facts:
CR1693MS.wp -1- PC92-151
a~., ,~-„
1. Thttt tho proposod use Is properly ona far wh!ch a conditlonal use permft Is authorized by
Anaheim Municlpal Code Sectlon 18.81.050.509 to retain the outdcwr atorago of chsmlcals with watver of
ttie fo~lowing under euth~rfty of Code Section 18.06.Q80:
,~ggtlons 18.06,Q50,031 - ,(~Jnimum number oi oerkina_sc±ac.es.
end 18.et.OG6.OSQ (t; $ requfred; ,~ existing)
2. I'htat the Ciry TraNlc and Transpoitatlon Manager lias concurred wlth the parking walvAr
speci(ically for tho duration ol the leflse for subjoct (aciliry only;
3. That the parking walver wlll not cause an increaso In traific congestion In the Immediate
vlainity nar ndver3ely aftect any adjoinii~g land usos;
4. That the granting o( tho parking walvor under the conditions Imposed will not be detr~mental
to the pes~ce, health, safery or general welfare of the citizens of the City of Anahoim;
6. Tha! the proposed uso Is proparly one for which e aonditlonal uso p9rmR is euthorized by
tho Zoning Code;
6. That the pronosRd use will nat edversely aHact the adJoining land uses and the grawth and
devoiopmer~t of tho aroa in which it is proposed to be located, and that there aro currentiy no known code
vlolatlons or ~detrirnont$I fmpacts associated with the existinp use on the ~ur~ounding Ianci uses;
7. That the s(ze and shape of tho aRe ior the proposod use is adequate to allow the fuil
devolopment of the proposed use In a manner not detrimental to the partlcular aroa nor to the peace,
health~, satety ~nd gen~ral welfare;
8. ?hat the trafffc genereted by the pr~posed use wlll not fmpose an undue burden upon 4he
streets and highvvays designed and improved to carry the trattic in tha area;
8. That the granting of the conditianal use permR uncler tho conditions Imposed will not be
detrlmental to the peace, hoalth, safet~/ anci general weliare of the citlzens oi the Ciry of ~lnaheim; end
;J. That no one Indicated tha;. presence at sald publlc hearing In apposftlan; and thet no
r,orrespondence was recefved in oppositlon to the subject petitfon.
~ LI~1 FORNI~ENVIRANMEMAL f~jA~,jTY ACT FIN,~ING: That the Anahefm Ciry Plannfng
Commissfon has revlowed the propossl to ret~ln the outdoor storepe of chemicnl3 wRh wnhrer af mfnlmum
number of parking spaces on an Irregulsrly-sheped parcel of land consfsting of approxlmetely z.7 ncros
havin~ a frontage oi approximatoly ; 0 4eet on ihe wes~ side ~f Eest StrQet, having a maxlmum depth of
approxlmate!y B00 teet, belnp located eppruxtmately 591 feet south of the cer.terllne c~f South Street and
turther described as 84i South East Street; ancl does hereby find that the Mitipated Negative Qeclar~tion
previously approved In c~nnoction wfth Conclfttonai Use Perrnft No. 3376 is adequate to serve a3 the
requlred environment~~ documentation In connectlon with this request upon flnding that the declaration
rellects the Independent Judgement of the lead agency end that ft has considered the prevlously approved
mitlyatAd NegatMA Decleratfon togethor with any comments receNed during the pu~{ic raview prxass and
furthor finding on the bas(a of tlio Inttlal Study and eny comments recelved that there Is no substantfal
ovfdence that the project wlll have a stgnHlcant effect on the environment.
-2- PC92-151
.drr.. ~,w.i~.
NOW, THEREFORE, BE IT RESOLVED that the Anahoim Ciry Pl~nnlnfl Commisslon does hsreby
grant subJeot Petition tur Condkional Usa Permit, upon tho following conditlons whlch are heroby found
to b~ a nacesaary prerequisite to the proposed use of the subJect proporty In order to preserve the safoty
and genoral welfare of the Cltizons at the Clty oi Anahoim:
1. Th~t subJect petftton shall expire three (3) yoars fr~m tho date of thls resolution (on December 14,
1995) unless additional tfine is gr~nted by the Planning Commisslor~ or Clty Council in connection
with a public hearing.
2. That the petftioner shall be responsible For obteinii~g all necessary permfts from the Firo qepartment
to allow the aontlnuecl sto~age oi chemicals.
3. That the petftlonor sl~ll demonstrate oompliance with ali NPDES requirements and shall submlt a pian
to the Enplneering Dlvislon of the Public Works Department showing the IacAtion and containment
of all outdoor ehemfcal storage areas.
4. That subJect prop~rty shall be developed substantiaily In accordance with plana and specfiicratlons
submlt;tx! ta the City of Anaheim by the potftionor and whlch ~lan~ are on flle wlth tho Plennlnp
Department mar{sed Exhibit Nos. 1 through 3; provided, hovrover, that the iront ponlon of th~ properry
shall he Iandscapad Ir, accordence wfth Code requirements.
5, That Condition PJos. 2, 3 and 4, above•mantioned, shall be comploted within a periai of ninety (90)
days trom the date oi this rasolution.
6. 1'hat approval of this Applicatfon constitutes approval oi tho proposed request only to the extent that
It c4mplios with the AnaY~elm Municlpal Zoning Code and any other applicable City, State and Foderal
repulations. Approval does not Include any action or findinps es t~ complianco or approval of the
roquest regarding any other appllc~able ~~rdinance, re~ulation or requirement.
BE IT FURTHER RESQLVEI~ that the Anahelm City PlAnning Commission does hereby find and
determine that adoption of this Rasolution Is exprossly predicat upnn appiicant's complianae with each
and all of the conditiona hsreinabove set forth. Should an such condftfon, or any pan thoreof, be
declared Invalld or unoniorceable by the final judgment of y ourt ot c petent Jurisdlction, then this
Resolutlon, and any approvals herein contalned, shall be , ary~ed null a void.
THE FOREGOING RESOLUTION was opy~ a~he nning Commfss~on meeting of
December y 4, 1992. e.,/ie.. ~J.d.r~w~ ~v
ATTEST:
,--51/',>%s~ ~.:s~>-~.1J~:,,`~
Sfi RETARY, ANP.HfEIM ~ITY PLANNING COMMISSION
~r :
~.~
~ ~STATE OF CAUFORNIA )
COIfNTY OF OFiANGE ) ss.
ClTY OF ANAHEIM )
CQM
1, Janet L. Jenser., Socre:ary of the Anaheim Ciry Planning Commission, do hereby cartify
that tho tore{~ofng resolu~lon was passed and edopted at a meetfng of the Anahoim Ciry Planning
Commtssion held on December 14, 1992, by the folloN'.~g vote oP the members thereof:
AY[S: CQMMISSIONERS: BOYOSTUN, BRI~TOL, HENNINGER, MESSE, F'ERA7J1, TAIT, ZEMEL
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, ! have hereunto set my hand thi3 ~ day of
ti'~ , 1992:3 , ~ -~ :~ ~
~.~6P~ ~e ~ G':~'-c,- =~,.-~ ~S _r>>,.., _i
~l ~
/ SECRETARY, AN~~A CITY PLANNING COMMISSION
~ ~
~. PC92•151