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PC 79-25RESOLUTION N0. PL79-25 A RESOLUTtON OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIdNAL USE PERMIT N0. 1932 BE DENIED WHEREAS, the Anaheim Ctty Planning Cxrmission did receive a verified Petitlon for Conditional Use Permtt from J. HAROLD SMITH AIID MARION SMITH, 10792 Knott Avenue, S!anton, California 9~680, oo,rners of certain real property sttuated in Lhe City of Anaheim, County of Oranoe~ State of Califor~ia, described as: That portlon ofi tMe West 152.5 feet of the East half of the West half of the Southeast Quarter of the Southwest Quarter of Sec*ion 14, Townshtp 4 South, Range ii West of Rancho Los Loyotes in the Ctty of Anaheim as said sectinn Is shown on a map recordnd in Book 51, page 11 of Hiscellaneous Maps, In the office of the County Recorder of said County, lyt~9 Southerly of the Southerly line of Lots 23 and 1.4 of Tract 2E3q as per map recorded In Book 85~ pages 9 to 15 fnclusive of Mtscellaneous Maps, in the office of the County Recorder of sald County. WHEREAS, the tity Plannfng Comm(ssion d(d hold a public hearing at the City Hall in the Lity of Anaheim on January 29, 197Q, at 1:30 p.m., notice of safd public hearing having been duly given as required by law artd tn accordance with the provislons of [he Anahelm Hunicipal Code, Chapter 19.03, to hear and consider evidence for and against satd proposed conditiunal use and to investigate and make findings and recommendations in connectfon therewith; and WHEREAS, said Commission, after due inspectfon, tnvestlga[ion and study made by Icsclf and in tts behalf~ and afcer due consideration of all evidence and reports offered at said hearing, does find and detcrmine the following facLs: 1. That the propose~ use is property one for wF~ich a condicional use permit is authorized by Anaheim Municipal Code Section 18.03.Q30.010 to wit: to permtt a construc[ton storage yard in the RS-A-43,000 (Residenttal/Agrlcu~tural) Zone: SECTION 18.04.043 101 - Maximum fence hetqht. (42 inches permftted in froni setback; ~et existing) b. SECTION 18.21.064 - Permicted encroachment in[o re utred ards. Outdoor storage not permitted 2. That the use has had an adverse traffic anJ noise (mpact on adJacent residential uses and thac the area Is residential in nature and ts not suited to the outdoor storage of constructton matcrials. Pt79-25 3. That the proposed use has adversely affected the adjoining la~d uses and the growth and development of [he area in which tt is proposed to be located. 4. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental co Che parttcular area nor to the peace~ health, safety, and general welfare of the Citizens of the City of Anaheim. 5. That the gran[ing of the Condltional Use Permlt will be detrtmental to the peace, health, safety and generai welfare oF the Citizens of the City of Anaheim. 6. That 3 persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposicion to the subJect petitlon. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Cam+isslon has reviewed the proposa to perm [ a constructton storage yard Nith waivers of maximum fence hetght and permitted encroachment tnto required yard on a rectangularly-shaped parcei of land consisting of approximately 0.4 acre, having a frontage of approximately 153 feet on the north sidc of Ball Road, havfng a maximum depth of approximately 110 feet, being tocated approximately 832 feet west of the centerline of ~es[ern Avenue, and further described as 331i West Ball :oad; and does hereby disapprove the Negattve Declaration and requires that an environmental impacc repor[ be prepared on the basis that there have been and will continue to be sl9nif{cant individual or cumulative adverse environmental impacts If [his Negative Declaratlon Is approved. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commtssion does hereby deny subjeci Petition for CondtLtonal Use Permit on the basis of the afor~mentioned findings. TME fOREG0ING RE56LU71UN is signed and approved by me [his 29[h day of January. 1979. LHA KMAN, M CI LANNING LOMMISSION ATTEST: SECRE7ARY~ ANAHEIM CITY PLANNING LOMMISSION -2- Pt79-25 STATE OF CA~IFORNIA ) COUNTY OF ORANGE ) s5. CITY OF ANAHEIM ) i. Edith L. Harris, 5ecretary of the AnaheTm City Planning Commisslon, do hereby certify that ihe foregoing resolution was passed and adopted at a meeting of the Anaheim Clty Planning Commisston heid o~ January 29, 1979, at 1:30 p,m.~ by the following vote of the members thereof: AYES: GOHMISSIONERS: BARNES, BUSHORE, HERBST~ JOHNSON~ KING. TOLAR NOES: COMHISSIONERS: NONE ABSENT: COMMISSOONERS: OAVID IN WITNESS WHEREOF, i have hereunto set my hand thts 29th day of Janua~y, 1979. fo ~t.~, ,! ~~~ S~ E~LR~ETATtY, ~CN~~iETM ~I~T` ANN NG COMM i S I ON -3- Pc79-25