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Resolution-PC 98-4RESOLUTION NO. PC98-4 A RESCLUTION OF THE ANAHEIM CITY PIANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 96R-201 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3878 WHEREAS, on December 10, 99J6, the Gity Council adopt~d Resoluiion No. 96R-201 to approve Conditional Use Permit No. 3878, in part, and permit a gasoline service station anC a convenience market with sale of beer ar.d wine for off-premises consumpfion and with waivers of minimum number of parking spac2s (approved in part) anc; minimum landscaped setback; and WHERG,S, Conditi~n No. 9 of said resoluiior specifies landscaping requiremenis along all the properly lines and in the parking lot, and requires that final landscaping plans be reviewed and approved by the Planning Commission as a"Reports and Recommendations" item. V1'HEREAS, th^ property is developed wilh a gasoline service stalion (to be demolished) and is zoned CL (C~ommercial, Limited). WHE~~EAS, the petitioner proposes amending or deleting Condition No. 9 of this conditionai use per,rit under the authcrity of Code Section 18.0's.092.060 in order to modify the Iandscaping origina!ly approved. WHERE4S, the Cily Planning Commission did hold a public hearing at the Civic Center in the C~ty of Anaheim o~ Janu2ry 5, 1998, at 1:30 p.m., notice of said public hearing having been duly given as required by larv and in accordance with the prov!sions 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 therewilh; and V~,'HEREAS, 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 that no one indicaled their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; That the Anaheim City Planning Commission has reviewed the proposal to amend or deiete a conditio~i of approval pertaining 40 landscaping requirements and review and approval of final landscape and sign plans and does hereby find that the Negalive Declaration previously app~oved in connection with Condilional Use Permit No. 3878 is adequale to serve as the required environmental documentation in connection with this request upon finding that the deciaration reflects the independent judgment of ihe lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding a;i the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW THEREFORE BE IT RESOLVED that ihe Anaheim City Planning Commission does hereby amend Condition No. 9(a)(i) of Resolution No. 96R-201, adopted in connection with Conditional Use Permit No. 3878, to read: "9(a)(i) Minimum eleven (11), twenly four (24) inch box, Queen Palms (minimum twelve [12] feet high) and minimum four (4), thirty six (36) inch box, Canary Island Pine trees; and" CR3150PL.DOC -1- PC98-4 THE FOREGOING RESOLUTION ~as adopted at the Planning Commissio~ meeting of January S, 1998, L~6GtG~~' r ~~~rs,-~i ~. J'tG~ CHAIRPERSON, ANAHEIM CITY PIANNING COMMISSION ATTEST: , 4i~ uU-' SECRETARY NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 heid on January 5, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONER5: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my fiand lhis ~ day of , 1998. _~~//1 t~ t~f1C6! BECRETARY, AHEIM CITY PLANNING COMMISSION -2- PC9&4