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PC 80-115RESOLUTION NO, PC80 -115 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2089 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from GERARD LAVELLE WERNER, AS TRUSTEE OF THE GERARD L. WERNER AND LOIS BERNICE WERNER 1976 TRUSTS, 61 Cambria Drive, Corona del Mar, California 92625, owners, and L. M. WERNER, WERNER CORPORATION, 201 East Commercial Street, Anaheim, California 92801, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: The Northeast quarter of the Northeast quarter of the Southwest quarter of Section 3, Township 4 South, Range 10 West, in the Rancho San Juan Cajon De Santa Ana, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in book 51, page 10 of Miscellaneous Maps, records of said Orange County. EXCEPTING THEREFROM the Southerly 22 feet thereof, as conveyed to the City of Anaheim for street purposes by deed recorded March 10, 1939 in book 981, page 510 of Official Records. ALSO EXCEPTING THEREFROM that portion thereof described as beginning at the intersection of the Northerly line of said Northeast quarter with a line parallel with and Easterly 322 feet measured at right angles, from the Westerly line of said Northeast quarter of the Northeast quarter of the Southwest quarter and running thence South 89° 36'48" East, along said Northerly line, 343.21 feet to the Northeast corner of the Southwest quarter of said Section 3; thence South 0 °21'16" West, along the East line of said Southwest quarter 450.75 feet; thence North 89 38'44" West 30 feet; thence North 19° 23'33" West 82.87 feet; thence North 59 ° 54'04" West 48.37 feet; thence North 82° 12'21" West 254.40 feet to a point on said parallel line, Southerly 317.17 feet from the point of beginning; thence Northerly 317.17 feet along said parallel line, to the point of beginning, conveyed to the State of California by deed recorded August 21, 1956 in book 3618, page 371 of Official Records, and by deed recorded March 28, 1958 in book 4241, page 14, Official Records. ALSO EXCEPTING THEREFROM that portion thereof described as beginning at the Northwest corner of the Westerly 322 feet of said Northeast quarter and running thence Easterly along the Northerly line of said Westerly 322 feet to the Easterly line of said Westerly 322 feet; thence Southerly, along said Easterly line, 317.17 feet; thence Westerly in a direct line to a point in the Westerly line of said Westerly 322 feet; distant Southerly along said Westerly line, 275.31 feet from said point of beginning; thence Northerly, along said Westerly line, 275.31 feet to said point of beginning, as condemned by the State of California for freeway purposes, by decree recorded December 12, 1958 in book 4514, page 309, Official Records. ALSO EXCEPTING THEREFROM all that portion lying Easterly of the Easterly line of the Westerly 322 feet of said Northeast quarter of the Northeast quarter of the Southwest quarter. PC80 -115 WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on July 14, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18,03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, 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 facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.63.050.110 to wit: to expand an existing concrete batching facility and operation with waivers of: (a) SECTION 18.63.063.011 — Minimum landscaped setback. (50 feet required along Commercial Street; 377a — proposed) (b) SECTION 18.63.068.030 - Required enclosure of outdoor uses. (site screening required; none proposed) 2. That the proposed use is granted and that the proposed waiver (a) is hereby granted on the basis that denial would deprive subject property of a privilege being enjoyed by other properties in the same zone and vicinity and classification. 3. The proposed waiver (b) is hereby granted on the basis that the petitioner stipulated to improve the chainlink fence on the south (Commercial Street) and east property lines with redwood slatting in conformance with Code requirements and on the basis that denial would deprive subject property of a privilege being enjoyed by other properties in the same zone and vicinity and classification. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 5. 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 detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -2- PC80 -115 ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit the expansion of an existing concrete batching facility and operation with waivers of minimum landscaped setback and required enclosure of outdoor uses on an irregularly-shaped parcel of land consisting of approximately 2.69 acres, having a frontage of approximately 322 feet on the north side of Commercial Street, having a maximum depth of approximately 335 feet and being located approximately 335 feet west of the center line of Patt Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental Impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file In the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Commercial Street. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for industrial buildings prior to the issuance of a building permit. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5; provided, however, that redwood slats shall be interwoven in the chainlink fence along the south (Commercial Street) and east property lines. 7. That Condition No. 1, 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 one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -3- PC80 -115 8. That Condition Nos. 2, 4 and 6, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent Jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of July, 198 ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION AYES: COMMISSIONERS: BARNES, BUSHORE, FRY, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST VACANCY: ONE SEAT ( t CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, 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 held on July 14, 1980, by the following vote of the members thereof: IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of July, 1980. (e dpi, ei4/L4-a- SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC80 -115