Resolution-PC 98-202RESOLUTION NO PC98-202
A RESOLUTiON OF THE ANAHEIM CITY PLANNING COMMISSiON
REINSTATING AND APf'ROVING CONDITIONAL USE PERMlT NO. 3570, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 92-151
ADOPTED THEREV'JITH, AS AMENDED BY RESOLUTION NO. 95-159
WHEREAS, on December 14, 1992, Resolution No. ~J5-151 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 3570 to retain the outdoor storage of
chemicals with waiver of minimum number of parking spaces at 847 South East Street for a period of
three years; and that seid resolution includes the following condition of approval
1. That subject petition shall expire three (3) years from the date of this resolution (on
December 14, 1995) unless additional time is granted by the Planning Commission or
Cily Council in c~nnection with a public hearing.
WHEREAS, on November 27, 1995, Resolution No. PC95-159 was adopted by the _
Planning Gommission to amend Condition No. 1 and permit the use for an additional three years until
December 14, 1998; and
WHEREAS, the subject property is developed with an industrial building utilized for
chemical storage and distribution (Dixco) in the ML (Limited Industrial) zone; and
WHEREAS, the petitioner has requested that this use permit be reinstated to retain the
outdoor storage of chemicals.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on December 21, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accurdance 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 fin~ings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditionai use permit is authorized by
the Zoning Code.
2. That reinstating the use will not adversely affect tlie adjoining land uses and the growth
and development of the area in whir,h it is located.
3. That the size and shape of the site for the reinstated use is adequate to allow the full
~evelopment of the proposed use in a manner not detrimental to the particular area nor to the peace,
hea!!;;, saia:;~ and general welfare.
4. That ihe traffic generated by the reinstated use will not (mpose an undue burden upon the
streets and highways dasigned and improved to carry the traffic in the area.
5. That rein;;tating this conditional use permit, under the conditions imposed, will not be
detrimental to lhe peace, health, safety and general welfare of the citizens of the City of Anaheim.
CR3407PI:.DAC -1- PC98-202
6. The facts necessary to support each and every required showing for the issuance of such
entitiement as set forth in this chapter exist. _
7. That this conditional use permit is being exercised substantially in the same manner and
in conformance with all conditions and stipulations originaily approved.
8. Thaf 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, safety and general welfare.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has review2d the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3570 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and fuither
finding on the basis of the initial study and any comments received that thera is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC92-151, adopted in connection with Conditional Use Permit No. 3570
and amended by Resolution No. PC95-159, to reinstate and retain lhe outdoor storage of chemicals; and
ANp BE IT FURTHER RESOLVED that the Pl~nning Commission does hereby amend
Conditian Na. 1 to read:
That subject petilion shall expire on December 14, 2001 unless additional time is granted
by the Planning ~ommission or City Council (n connection with a public hearing.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby add the
following new conditions of approval:
7. That the trash storage areas shall be refurbished and that trash enclosure gates shall ba
installed to the satisfaction of the Public Works Department, Streets and Sanitation
Division, to compiy with approved plans on file with said Department.
8. That the asphalt parking area shall be repaired, reslurried, restriped and maintained.
9. That the existing freestanding sign adjacent to East Street shall be repaired and
maintained in good condition at all times.
10. That the on-site landscaping and irrigation system adjacent to East Street shall be
refurbished and maintained in compliance with City standards.
1'1. That a plan shall be submitted to the Zoning Dir•ision of the Planning Department to
provide a screening mechanism to prevent visibility of the chemical drums from East
Street when the e;cisting chain-link gate with slats is open.
12. That if the pipe bollard with chain-link located aiong the south property line adjacent to
East Street is within the control of the subject property owner, it shall be removed.
13. That within a period ~f two {2) months from the date of this resolution Condition Nos. 7, 9,
10, 11 and 12, above-mentioned, shall be completed.
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14. That within a period of six (6) months from the date of this resolution, Condition No.•8,
above-mentioned, shail be completed.
BE 17 FURTHER RESOLVED that the Anaheim City Planniny Commfssion does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or uneri;;rceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was a opted at the~Planning Commission meeting of
December21, 1998.
v
CHAIRPE ON, HEIM CITY PLANNING COMMISSION
ATTEST:
Q s~..aQa.a.
SECRETARY, ANAHEIM CITY PLANNING COMMiSSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretary of the Anaheim City P~anning Commission, do hereby
certify that the foregoing resoiution rvas p~ssed and adopted at a meeting of the Anaheim City Pianning
Commissiun held on December 7_1, 1998, by ihe following v~to of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunta set my hand this ~~ day of
r v ~ 1999.
~ <,~ ~~ .'
SECRETARY, ANAHEIM CITY PLANNI~' ~ COMMISSION
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