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Resolution-PC 94-100:i~• RESOLUTION N0. PC94-100 A RESQLUTION OF THE ANAHEIM CIl'Y PLANNING COMMISSION THAT PETITION FOH CQNDITIANAL USE PERMIT N4. 3698 BE GRANTEI7, IN PART WHEREAS, the Anahelm City Planning Commission d(d recelve a verifiad Petftion for Conditional Use Pormit for certain real property situated in tha City of Anaheim, County of Orengo, State of Californla, described as: LOT 1 AS SHOWN ON 7HAT CERTAIN LOT LINE ADJUSTMEN7 PLAT N0. 244 FiECQROE~ NOVEMBF.R 15, 1991 AS INSTRUMEN7 N0. 91-624253 OF aFFIC1~1L RECORDS QF QRANGE COUNN, C:4LIFORNIA. WHEREAS, the City Pl~nning Commissian did hold a public hearing at the Civic Center in the Cfty oF Anahelm on July 25, 1994 at 1:30 p.m., notice of said publlc heoring having been duly given as required by law and In accordAnce wfth the provislons of the Anaheim Municipal Code, Chaptor 18.03, to hear and consider evidence for and again3t sald proposed conditional use permit ~nd to Investigats and mako findings and recommendations in connoctian therewith; and WHEREAS, said Commission, after due inspeation, investigation and study made by itoeif and in its beh~lf, and after due cansidoration oF all evidence ~nd reports offered at said hearing, doos find and determine tho following facts: 1. Thet thd propnsed usa f$ properly ono for which A cundftional use permit is authorizod by Anahelm Municlpal Code Sectlons 18.44,050.070, 18.44.050.080 and 18.44.Q50.195 to r~model a seivice station to ir~clude car wash facilities and a convenionce market, with walvers of the following: (a) Sei,tion 18,4a,06~.010 - RQauired structurai setback. (b) Section 1~44,064.~1f - Renufred landsca ep setba~. (rra,(nimum 3 feot wide plantar separatinfl parkinp area and Euclid Street requlred; none proposed) (c) SHCtIQns t8.44.Q50~Q70 - Landscape rea~ir~m~nts adl~aent ta street frnntoaos. and 18.a7.030.071 minim m-f t wide pianting areas required along Euclid Street and Romneya prive; ,~4r,~@ ~roposed) (d) Sg~~ns 1H,44.05QQ7C • ndscape re~ufreinents at int rl r ~n aN Iines. ,~nd 18.87.Q30.07~ fminimum 7 trees on maximum 20-foot centers reyulred along north property Ifne, ~tre°s existlnfl and praposed; and minfmum 7 trees on maximum 20-foot cenlers requircxl along east proporty line, 4 trees existinp and proposed) 2. 7hat waivor (a) Is horeby denied on the basis that ft was withdrawn by tho petitloner following public notffication and that revised plans will be submitted eliminating the need for said setbaci< wHiver; 3. That waiver (b) is hereby approvod on the basis that there are special circumstances applfcable to the property consisting of its size and location which do not apply to nther identically zoned prope~tles in the vicinity because provisi~in of a 3•foot wide landscape planter adjacent to the Euclid Street frontago Is dffflcult due to existing constraints (i.e. driveway and pump island locations); CR2154MS.WP -1- PC94-S 00 4. That waiver (c) Is hereby approved, in part, for Eucifd Street only on the basis that there aro speciAl circumstances applicable to tho property conslsting of fts sizd and location which dues not apply to other fdentically zoned properties in the vicinity because provislon of a 3-foot wide landscapo planter adjacent to the Euclld Street frontege is dFfficult du4 to existing conatraints (I.o. drivoway and pump island locatlons); 5. Thatwalv9r (d) Is hereby approved, in pait, requ~~ing a minimum of 7 treos along the noKh property Iine and 7 trees aiong the east property (in accordance wfth Codo) but n~ requlrfng said trees to bo located on maximum 20-foot centers on the basis that there are s~ecial clrcumstances ap~licable to the property conalsting of Its size, location and surroundings whlch do ~iot apply to other ldantlc~ally zoned praperties in the vicinity; 6. That strict application of tho Zoning Code deprives the property of privlleges enJoyed b~• othor properties Untler identical zoning classffication in the viclnity and that aubJect property has alraady beon developed wlth a service statlon; 7. Thet the proposec~ usos are propeNy ones for whioh a conditional usA permit is authorizc~d by the Z.oning Code; 8. That the proposed use wlll not adversely aHect th~ adjoinfng land uses and the ~7rowth and development of the area fn whiah it is proposed to be located; 9. That tho size and sliepe of tho site for the proposed use is adequate to allow the full devel~pment af the pruposed use in a manner not detrimental to the particular area nor to the paace, health, safety, and paneral weliare; 10. That the traffic genqrated by the proposed use will not Impose an undue burdon upon the straets and hlyhw~ys designed and improved to carry the traific in tho Hrea; 11. That ihe granting oF the conditianal uso permit under the conditions imposed will not be detrfinental to the peace, hoalth, safety and general weitare of the citizens of the City of Aneheim; and 12. That no one indfcated their presence at sald public hearing In oppositian; and that no correspondonce was received in opposition to the subJect petition. CALIF~R 11A ENVIRONMENTAL ~UALITY A~, FI'L NpING: That the Anahelm Ciry Planning Commissfon has reviewed the propasal to remodel a service statfon to includo car wash faci~kies and a cAnvenionce markel with waiver~ of requlred structural satt~ack, requlred landscape setback, landscape requirements adjacent to street frontages and landscape requlremonts at intorlor boundary Iines on a rectanpularly shaped parcel of land consisting of approximately 0.84 acre locetod at the northeast cornor ot Homneya Drive and Euclid Street, having approximate frontafles of 150 foet on the north side of Romneya ~rive and 1~I8 feet on the east side of Euclid Stroet and further dascribed as 1200 North Euctid Street; and does hereby approve the Negativo Doclaration upon finding that the dealaration reHocts the independent judgement o( the lead egency and thet ft has consfdered the Negative Declaretion together with eny comments received durfnp the publlc review process and turther finding on tlib basis of the Initial study and any comments received that there is no substantial gvidence that the projoct wfll hava a 3lgnificant effect on the environment. NOW, THEREFOHE, BE IT RESOLVED that the Anaheim City Planning Cammission does hereby grant subJect Petkion (or Conditional Use Permft, In part, upon the following conditions which are hereby !ound to be a necessary preroqufsite to the propased uso of the sub~ect property in ~rder to preserve the safety and general welfare of the Citizena of the Cfty o! Aneheim; .2_ PC94-100 1. That a minfmum shcteen (16) iaot Inner radius arxi a minimum twenty six (26) foot outer radius snall be provided for the ca~ wnah area. Thls racilus arua stall be ciearly ahown on the ~lana submitted for buildlnp ~rmks. 2. That a plen aheet ior solid westo storage and cdiection, and a plan ior recycltng ahnll be submitted t~ the DepaRment of Maintenance lor revlew and app~ovel. 3. That the sale of alcuhdic beverages shall bR prohibkad on aubject p-operty. '. That sub~ect properry shall be dc~velopsd subata!~tl~ily i~i accordance wfth pians and apecMlcations submHted to thc Cky of Anaheim by the petltioner and whEch plans aro on tNe wlth the Planniny Depertment markec! F~chibit Nos. t through 4; provfded, however, that tFro lendscaping requlred in connection wNh Condkion Nos. 8 and 9, herein, shall be Riovided anci permanent~y mefntainecl. 5. That prior to Issuance of a buiidln~ ps-mR or wkhin a pe~i~d of one (1) year Irom the date of this resdution, whichever occurn flrst, Conditfon Nos. t, 2, 8 end 9, hereln-mentbned, shall be r,omplled with. Extonsfons lor fuhhor time to complete gafd conditbns rtwy t~ granted in accordance wlth Secifon 18.03.(~tt of the Anaheim Munic(pal Code. 6. That prior to tinal buNdinq and zoncng inspectfona, Gondftfon Nos. 4, A and 9, hereimmentioned. ahell be complled with. 7. That epproval of thfa appllcatlon conatitutes approval of ~he p+~oposed reque~t oMy Yo the er.tent that K complies wfth the A~~ahelm Municipal Zon4:q Code arxf s~ :~r other applicable CKy, State and Faderal requlaUons. Approvel does not Indude eny acNon or firxfinga as to comMiance or approvel ot the reqoest reyarding any other applicaWe ordfnence, reyulatfon or requirement. 8. That the Code required number ol trees ah~ll bo prwided Qlony the nwth and bast propeRy lines. S2id larxiacaping shall be shawn oc~ the pans submltted (~r buMding permlta. 9. That a minimum three (3) toot wfde land~caped plsMer area ahall be provided ed~o~ent to Hcxnneya DrNe just east of ttw inte~sectlon. Safd landscaping ahall be shovm on the Wans submkte0 for buHdfn~ permits. 10. That the siynaqs plans (cx thi~ slte end use st-all corr~ply vvlth all Code requkements. 6~ IT FURTH[R RESOLVED that the f.ndheim Ci1y ~Iannirp Commis~bn doe' hereby (i-xf anci detBrmine that adAptbn a! thia Hesdutbn fa expressly prodicatycl upcu~ applicanYa compli~nce wlth each and all d the cdndNiona hereinnbove aet forth. Sh~ any ouch corxlitbn, a arry psrt thsreol, be declarecl invelid a unonfon;ee~:~ by ihe fina! ~udpmar!t d arry court ul competent ~wlsdktkxi, then tMs aesaWbn, and any approvals herein coMained, ahatl be dEertxd nutl ar~ vnkl. THE FORECi01N(3 FiE30lUTI0N was adopfed at the Pivnning Cc+mmissla~ meefing d July f5. 199A. ,- ~ -1.-". ~_~ , ~ f~ 7 / CHAlRMAN IINAHEIM GTY P~CAMM13SICN A" ~3T: ~ !2 u.A..L~tt1 ~ _ ~~U~ 12;,G SEGRETAF~, MIAHEIM GTY PIAtINlNCi COMMISSION .3. p~41•1U0 STATE O~ CAUFORNIA ) COUNTY OF nRANGE ) ss. (:ITY OF ANAHEIM ) I, MargaritA Solurio, Secretary oi the Anaheim Cfty Plenning Commisslon, do hereby cortHy that the toregofng rasMuNon was pasaed arxl adoptai at e meetlnp of tfio Anaheim City Plenning Commisslon he~d on July 25, 1994, by ihe tdlowlnp vote of the r~~embers therecf. AYE3: COMMlSSI0NEr1S: BOYD5TUN, CALDWELL, HENNINC3EFi, MAYEH, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MESSE, 7AIY IN WITNE3S WHEHEOF, I hava hereunto set my hand this .~~ day of , tA94. ,f i ~~o~uo SECR AR , ANAHG~~ PLANNIlVCi COMMISSION -4• PC94-100