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PC 80-131RF.SOLUTIOPI NC. PC3~-131 A RESOLUT I OM OF THE A~Jq-IF IM C ITY PLAilM I hIG C011M I SS I ON THAT PETITIO'1 FOP, CONDITIQMAI USF PERMIT Pln, p~B? [iE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ORP,PJCE COUtITY TP,APlSIT DISTRICT~ P, 0. Box 3005, Garden Grove~ Cal ifornia, 92647, oti~mer, and MiCHAEL ~. 11AC1<, MA~JAGER OF EF!"uINEERIPIG, OP,/INGE COUtdTY TR/IMSIT iiISTRICT, F, 0. Box 3n~5, Garden Grove, Cal ifornia 92~,42~ agent of certain real property situated in the Ctty of .4naheim, Co~nty of Orange, State of California, described as: THOSE PORTIONS OF LOTS 3 AND t~ OF GOL~FP1 STATE TRACT N0, 2, AS SHOWN 01J A ~1~1P RECORDED IN BOOY. 4, PAf.,E 6£~, OF ~11Sf,EI.LANEOUS MAPS, RECORDS OF ORAP~GE COUNTY, C,4LIFORNIA, DESCP,IBED AS FOLL041S; PARCELS ~ nr~~ 3, RS ShI041N OPJ A MAP FILF.D IN BOOK 35, PAGE 7 OF PARCEL MAPS IP! THE OFFICE OF THE COllt)TY RECORDER OF SAID ORAtdrE C OU D1TY . WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on June 30, 1'~~'^, at 1:3~ p.m., notice of said public hearing having been duly given as required hy lavr and fn accordance with the provisions of the Anaheim Municipal Code, Chapter 18,03, to hear and consider evidence for and against said proposed conditional use perrr,tt and to investigate and make findings and recommendatians in connection there~oith; said public hearing having been continued to the Planning Commission meetina of Au~ust ?_5, 1~4~; anci WMEREAS, said Commisston, after due inspection, invrstigation anrl study made by itself and in its behatf~ and after due consideration of all evidence and reports offered at said hearing, does find and determine the followin9 facts: 1. That the proposed use is properly one for which a cenditional use permit is authorized by Anaheim Municipal Code Section 1°,(1.05~.514 to orit: to permit a bus transit facility in the ML (industrTal, Limited) Zone aiith waiver of the following: SECTIO~d 1",6~,061E,020 - Maximum fence height in front setback. 31~ rnches perr~ tte along State CoTlege Boulevard; II feet proposed) 2, That the proposed use is hereby denied on the basts that 25~ buses entering and leaving the stte daily is a heavy industrial use. Sa~d use will create additional traffic in an already congested area i•~hich has traffic from a rajor university and an east/west raiiroad main line crossing all north/south arterial streets in the area, The use is also denied on the basis that fumes from 25~ buses could cause undesfrable air quality and have a detrimental effect on the surrounciing industrial users. 3, Tliat the requested waivcr is hereby denied on the basis that the use was denied. PC80-131 4. That the proposed use ~~~ill adversely affect the adjoinina land uses and the groU~th and development of the area in t•rhich it is proposed to he lxated. 5. That the size and shape of the site proposed for the use is ~ot adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the pear.e, health, safety~ ~nd e~eneral tivelfare of the Citizens of the City of Anaheim, 6. That the granting of the Conditional Use Permit ~~ill be detrimental to the peace, health, safety and general alelfare of the Citi~ens of the Ctty of Anaheim, 7. That the traffic generated by the proposed use o~ill impose an undue burden upon the streets and highways designed and improved to carry the traff~c in the area. hearin 9' That 41 persons indicated their presence at the August 25, 19r0 public g, persons at the July 23, 1~30 and ~! persons at the June 3~, 19?0 publTc hearings in opposition; and that petitions ~~~ere recetved containing approximately 17?. signatures in opposition to the subject petition. EtIVIRO~lMEtITAL tt•IPACT F11J~ING: Thar the Orange County Transit District, Lead Agency for the project, has prepared an Initial Study of environmental lmpacts and has determined that the project would not cause siqnificant environmental impacts and has prepared a Negative Declaration and the Anaheim City Planning Commtssion has received, revievred and considered the environmental effects of the project to permtt a bus transit facility in the !1L (Industrial, Limited) 7one o~lth waiver of ineximum fence height in the front setback on an irregularly-shaped parcel of land consisting of approximately 10,5 acres located north and riest of the northwest corner of Vta Burton Street and State Coliege Boulevard, having approximate frontages of ~f75 feet on the north side of Via Burton Street and 2c4 feet on the west side of State College Boulevard, and further described as 1717 East Via fturton Street. Declaratfon be denied. fJOIJ, THEREFORE, BE IT RESOLVED that the Anaheim City P'.anni~g Commission does hereby deny subject Peti*_ton for Conditional Use Permit or, the basis of the aforementioned findings. THE FOREGOINf; RFSOLUTIOPI is signed and approved by me thts ?.Sth day of August, 1~80, .~ `,1.~~.,:~~.L JL ~> ~,.~,~~--:._. CHAIRMAN PRO TFI4PORE ANAHF.IM CITY PLAr~Mlr~r, C~H~IISSIQN ATTF.S7: ~~.~ ~,A. SECRETARY, A~IAFIE IM C I TY PLANN I NG CnMhi I SS I ON ' -z- Pc8n-i3~ STATE OF CALIFORPIIA ) COUNTY OF ORAIlGE ) ss. CITY OF AFlAfiEIM ) I~ Edith L. Harrts, Secretary of the Anaheim City Plar.ning Commission, do hereby certify that the foregoing resolution tiras passed and ad~pted at a meetina of the Anaheim City Planning Ccmmission held on Aup~st 25, t'1?0, at 1:3~ p.m.,6y the following vote of the members thereof: AYES: COMMISSIONERS: BAP~lES, BUSHORE, 60UFlS, FRY, HERBST NOES: COM~4ISSIONERS: NnNE ABSENT: COMMISSIOttERS: KINr,~ TOLAR IP~IJIThFSS 41HERFGF, ! have hereunto set my hand thts 25th day of August, 1980. ~ ~ ~ iW~t~.~.~. SECR[TARY, A61ANE I M C t TY PLA~Jr! I ~lr, COMH I SS I ODt -3- PCB~-131