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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 ~ 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 , ~' ~ ~ 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