PC 74-162.:~ ~ ~ ~
RESOLUTION N0. FC74-162
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
AI~NDING RESOLUTION N0. PC7$-80 GRANTING, IN PART,
PETITION FOR CONDITIONAL 11SE PERMIT N0. 1463,
SAID AMENDMENT TO ADD ADDITIONAL PROPERTY
WHEREAS, the Planning Commission of the City of Anaheim did receive a verified
Petition for Conditional Use Permit from WILSON & HAMPTON PAINTING CONTRACTORS,
Attn: Rob2rt D. Hampton, 1524 West Ma~le Street, Anaheim, California 92802 (C`wner);
an3 kOBERT D. HAMPTON, 1524 West Matle Street, Anaheim, California 92802 (Agent), of
certain real property ~ituated in tD~e City of Anaheim, County of Orange, State of
California; and
WHEREAS, on Apr•il 15, 1974, the Planning Co~ission granted, in part,
Conditional Use Permit No. 1463, tu pernit the continuation and expansion of an
existing nonconforming contractor's storage yard with waivers of the minimum
structural setbacks and maximum Fence heighr-; and
WHCREAS, under eaid Conditional Use Permit No. 1463, a aix-foot high masonry
wall was to be located (aj along Broadway with a 10-foot setback, (b) along that
portion of tYae property fronting on Mable Street with no setback, and (c) abutting
the northeaste~ly property line, separating thc property from the twenty-five foot
wide railruad right-of-way; and
WHEREAS, during the public hearing on April ~.5, 1974, diacussion was held
concerning the getitioner's intent to lease the twenty-five foot strip of land
owned by the Southern Pacific Land Company which separated the subject property
from Mable Street along th~ :~ortheasterly property line; and
WIiEBEAS, the petitioner subsequently secured a lease agreement for tl!e
additional twenty-five foot strip of land and submitted a request which was
considered by the Planning Commission on June 24, 1974, to relocate the six-foot
high fence to enclose the additional strip of land and expand the storage yard,
and the Planning Commission generally concwrred that the subject request, as
proposed, was not within the original intent of ap~:eoval of Cotiditional Use Permit
No. 1463 and ihat a public hearing would be required; and
WHEREAS, ~he City Planning Commi~sion did hold a public hearing at the City
Hall in the City of Anaheim on August 5, 1974, at Z:00 p.m., notice of said public
hearing having been duly gi.ven as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.64, to hear and consider
evidence for and against said proposed conditional use and to investigate and make
findii~gs and reco~endations in connecti.oa therewith; and
WHE1tEAS, said Commission, P€ter due inspection, investigation and study made
by itself and in ies behalf, and after 3ue consideration of all evidence and
xeoorts offered at said hearing, does find and determine the folluwing facts:
1. That the proposed use is properly one for which a Conditional Use Pe.rmit
is authorized by Code Section i8.52.050(1-a), to wit: expand an existing
contractor's storage yard with waivers of:
a. ~ECTION 18.52.060(2-a-3~, - Minimum structural se~back from a local
street. (5 feet required; 0 feet proposed)
b. SECTION 13.52.060(2-C-2-b) _ Maximum fence height. (30 inches
"'-" permitted; 6 feet proposed)
2, That Waiver 1-a, above-mentioned, which ~nly applies to the proposed
fence, is herebp granted on the basis thac similar waivers have been granted
previously in the immediate vicinity of the sub~ect property.
3. That Waiver 1-b, above-mentioned, is hereby granted on the basi.s that
the petitioner demonstrated the need for the aix-foot high fence for the proposed
usa and similar fences have been previously granted in the area.
RESOLUTION N0. PC74-16 2
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4. That the Planning Co~ission recommends to the Citq Council that no
on-street parking be alloued along Mable Street on the southwesterly side abutting
ehe northeasterly boundarp of sub~ecC property•
~. That the legal description as aet forth in Resolution No. YC74-SO should
be amended to include the additional twenty-five foot strip of land along the
northeasterly boundary of the property originally conaidered under Conditional
Use Permit No. 1463.
6. That the proposed use will not adversely affect the ad3oining land uaes
and the growth and development of the area in which iC is propoaed to be located.
7. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimantal to the
particular area nor to the peace, health, safety, and general welfare of the
Citizens of the City of Anaheim.
8. That the grantin~ of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, saf~ty, and
general welfare of the Citizens of the City of Anahei.m.
9. That no one indicated their presence at said public hearing in opposition
and no correspondence was received in opposition to sub~ect peCition.
ENVIRONMENTAL IMPACT REPORT FINDING: •
That the Director of Development Services hae determined that the.proposed
activity falls within the definition of Section 3.01, Cl.ass 3 of the City of
Anaheim Guide'lines to the Requirements for an Environmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
NOW, TfiEREFORE, BE IT RESOLVED that the Anaheim City ?lanning Co~iasion
does hereby amend Resolution No. PC74-80 to aet forth a new legal description as
described in Exhibit "A" attached h~~reto and referred to herein as though set
forth in full.
BE IT FURTHER RESOLVED that the Anaheim City Planning Co~ission doea hereby
grant sub~ect amendment to Conditional Use Permit No. 1463, upon the following
conditions which are hereby found to be a necessary prerequisite to the propoaed
use of the sub~ect property, as described in Exhibit "A" attached, in order to
preaerve the safety and genera.l welfare of the Citizens of the City of Anaheim:
1. That the cwner(s) of aub~ect property ohall deed to Ehe City of
Anaheim a strip of land 45 feet in width from the centerline of the street
along Broadway for street widening purpoaes.
2. That all engineering requirementa of the City of Anaheim along Broadway
and :4able Streets, including preparation of improvement plans and installation
of all improvementa such as curbs and guttere, eidewal?~e; e*?'eet grading and
pa~ing, drainage facilitiea, or oCher appurtenant work, ahall be complied with
as required by the City Engineer and in accordance with etandard plans and
apecifications on file in the office of the City Engineex, and that a bond in
an amount and form satisfactory to the City of Anaheim ehall be posted with the
City to guarantee thc installation of the above-mentioned requirements.
3. That the owner(s) of aub3ect propertiy ehall pay to the City of Anaheim
the aum of $2.00 per front foot along Broadway and t~iable Streets for street
lighting purposea.
4. Thst trash atorage areas shall be provided in accordance with approve3
plans on file with the office of the Director of PubYic Works.
5. That fire hydranta ahall be inatalled and charged as reqcired and
determined to be necessary hy the Chief of the Fire Department prior to com~ence-
ment of structural framing.
6. That drainage of. eub~ect property ahall be disposed of in a manner
satiafactoty to the City Engineer and the Orange County Flood Control District.
_Z_ RESOLUTION N0. PC74-162
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7. Existing driveways and approaches being abandoned shall be removed and
new curb, gutter and sidewalks sha12 be constructed.
8. That appropriate water assessment fees as determiaed by the D3.rector
of Public Utilities shall be paid to the City of Anaheim prior to *_he issuance
of a building permit or within thirty days, whichever comes first.
9. That sub~ect property shall be developed suh:stantially in accordance
with plans and specifications on file wi~h the City of Anaheim marked Exhibit
Nos. 1(Revision 1) and 2.
10. That Condition Nos. 1, 2 and 3, above-mentioned,'shall be complied with
prior to the commencement of the activity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of .
ninety days from date hereof, whichever occurs first, or such further time as
the City Council may grant.
11. 't7iat Condition Nos. 4, 6, 7 and 9, above-mentioned, shall be complied
with prior to final building and zoning inspectiona.
THE TOREGOING RESOL'UTIOIv is signed and approved by me this Sth day of
August 1974.
c/~ ~ ~ .
1~
~~~ ANAHE ITY YL ~ NG COMMISSION
ATTEST:
~Cfi~~~C~/~ ~ .~L~~'v
SECRETARY ANAHEIM CITY PLANNING COI~fISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) $s•
CITY OF ANnHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the
City of Anahe•!m, do hereby certify tha*_ the foregoing resolution was passed and
adopted at a meeting of the CiCy Planning Commission of the City of Anaheim,
held on Auguat 5, 1974, at 2:00 o'clack p.m., by the following vote of the
members thereof:
AYES: COr4fISSIONERS: FARANO, r,AUER, JOI~ISON, KING, MORL~St, TOLAR, HERBST
NOES: COMMISSLONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNRSS WEiEfiEOF, I have hereunto set my hand this 5th day of August 1974.
~.~ ~ ~ ~/`-.~• ~C LL~~L~C-Ct~~isJ
S~CRETARY ANAH~IM CITY PLANNING COMMISSION
_3_ RESOLUTION N0. PC74-162