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Resolution-PC 98-138RESOLUTION NO. PC98-138 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 3608, AND AMENDING CER i AIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 93R-220, ADOPTED THEREWITH WHEREAS, on November 9, 1993, Resolution No. 93R-220 was adopted by the Anaheim City Council to approve Conditional Use Permit No. 3608 and permit an autornobile fluid drainage facility and used automobile sales in conjunction with an automobile dismantling and recycling facility at 1235 South Beach Boulevard (Pick Your Part) with waiver of maximum fence height; and WHEREAS, said Resolution No. 93R-220 includes the following condition of approval: 2(a). That this Conditional Use Permit shall expire five (5) years from the date of , issuance of the certificate of occupancy for this facility; provided, however, that if the certificate of occupancy is issued one {1) year or more following the date of approval ~f this resoiution, this Conditional Use Permit shall expire six (6) years from the date of approval of this resolution. WHEREAS, this property is currently developed with an automobile 8uid drainage building, an outdoor automobile storage lot at the west end of the property, and a customedemployee parkina lot at the east end of the property; that the underlying zoning is CL (Commerciai, Limited); that th;e Anaheim General Plan designates this property for General Commerciel land uses; and that this property is located within the West Anaheim Commercial Corridors Redevelopment Area and Community Planning Area No. 1; and WHEREAS, the petitioner has requested, pursuant to Code Section18.03.093.040 of the Anaheim Municipal Code, that this conditionai use permit be reinstated by the modification of Condition No. 2(A) in order to retain the existing automobile fluid drainage facility and used automobile sales in conjunction with an automobile dismantling and recycling facility on the adjacent parcel to the south; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 31, 1998, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigatiori and study made by itself and in its behalf, and aker due co~sideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That this conditional use permit, including the waiver of rnaximum fence height, is being exercised substantially in thE same manner and in conformance with all but one of the conditions and sti~ulations originally approved by the 2pproval body. 2. That this use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health and safety and gene:al welfare. 3. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subJect petition. CR3422MS.DOC -1- PC98-138 CALIFORNIA ENVIRONMENTAL QUALI7Y ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does hereby determine that the previously-certified Environmental Impact Report No. 312 is adequate to serve as the required environmental documentation for this request. NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution Ne. 98R-223, adopted in cannection with Conditional Use Permit No. 3608, to reinstate this conditional use permit and the waiver of maximum fence height, and the waiver of maximum fence height, and to amend Condition No. 2(a) therein to read as follows: 2(a). That this use shall expire ten (10) years from the date of this resolution, on November 9, 2008. AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the following new Condition No. 20: 20. That within a period of thirty (30) days from the date of this resolution, a landscape plan shall be submitted to the Zoning Division showing compliance with Resolution No. 93R- 220 , including the conditions of approval therein. _ THE FOREGOING RESOLUTION ad p at e Planning Commission meeting of August 31, 1998. , . ;~ ~ _. CHAIR R N, AN HE M CITY PLANNING ~OMMISSION ATTEST: CJS~xuut' SECRETARY NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY OF ANAHEIM ) I, Margarita Solario, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 31, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWIC<<, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: COMMISSIO~IERS: NONE ABSENT: COMMISSIONERS: NONF_ IN WITNESS WHEREOF, i have hereunto set my hand this ~ day of S ~/(111.~P.IL.- , 1998. ~~- -J[X{d-u.o' SECRETA , ANAHEIM CITY PLANNING COMMISSION '2' PC98-138