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PC 80-237RESOLUTIOr~ ~;0. PC80-237 A RESOLUT I ON OF THE A~dANE IF1 C ITY PLANN I f1R CQM~1 I SS IO~J THAT PETITION FOR CONDITIONAL USE PERMIT N0. 21L7 gE fRANTED, IN PART WHEREAS, the Anahefm City Planning Commission did receive a verifted Petition for Conditional Use Pernit from MOEIL OIL CORPORATION~ 612 South Flower Street, Los Angeles, California~ 90017, ovmer, and TAIT AP1D ASSOCIATES, IMC., P, 0, Box 4425, Anaheim, Callfornia 92803, agent~ of certain real property situated in the City of Anaheim, County of Oranqe, State of Californta, descrihed as: , ~ PARCEL 1: BLOCK 41t OF THE TOllF! OF RICNFIELD IH THE COIIMTY OF i • ORANf,E, STATE OF CALIFORNIA, A5 SH041M ON A MAP FILED Irl BOOK 1 PAf,E 26 OF RECORD OF SURVEYS, OF IP! TNE OFFICF OF THE COU~JTY RECORDER ORAPJGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTIOD! , THEREOF LYING NORTHERLY OF AND PARCEL N0 E4-202 1 I THE SOUTHERLY LIDJES OF PAP,CEL ~~~. 702 ~ . . N D DIS?RICT, RFCORDED JULY 12, EED Tb ORANGE COU~.~'Y FLOOD 1962, IN BOOK 617u PAr.E 9K5 CQMTROL OFFICIAL : RECORDS; A~JD , PARCEL 2: THAT PORTIOPI OF LOT 35 OF HA7.ARD'S SUBDIVISIOtJ, IN THF COUNTY oF ORANr,E~ STATE OF CALfFORtJIA, AS SHOIJ~t ON A MAP FILED tPl BOOK 1~ PAGE 26 OF RECORD OF SURVEYS OF SAID ORAN6E C(1U~~TY, DESCRIBED AS FOLLOIdS: BEGINt~ING AT THE SOUTFh!EST C(1RNER OF BLOCK 4h OF THE TO!~N OF RICMFIELD AS SH04/N ON SAID MAP, RUNNI~I~; THENCE SOUTH AND PARALLEL TO THE EASTERLY LINE OF SAID LOT 35, 21$,22 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED BY STERN REALTY COMPANY TO B. F. CHRISTNER ET AL., BY DEED RECORDED IPI BOOK 34n PAGE 331•OF DEEDS~ RECORDS OF SAID ORANr,E COUNTY: THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED TO B, F, CHRISTNER ET AL., 850 FEET TO A POINT IN THE EASTERLY ~INE ~F SAlD LOT 35: iHENCE NOR7HERLY ALO~~G THE EASTERLY LI!!E OF SAID LOT 35, 218.22 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 44~ THE~lCE WESTERLY ALONG THE SOUTHERLY LIt~E OF SAID BLOCK 44, 350 FEET TO TFIE POINT OF BEr,INNING, WHEREAS, the City Planning Commission dId hold a public hearing at the City Ha)1 in the City of Anahelm on December 15, 1980, at 1:3~ p.m., notice of said public hearing havtng been duly gTven as requtred by laar and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18,03, to hear and consider evidence for and agalnst said proposed conditional use permit and to investigate and make findings and recommendatlons in connectton therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at sald heartng~ does ftnd and determine the foliowing facts: 1. That the proposed use is properly one for wh(ch a conditional use permit is authorized hy Anaheim Munictpal Code Section 1~.~3,~3f1,010 and 18,61.050.5~5 to ~~~it: to expand an existing fuei terminal with waivers of: PC8o-237 "`:`~ rc'u;'~ A. SECTIOM 18.51.063.011 - MinEmum landsca~ed front setback. 50 eet required; none existing) B. SECTION 18.61,064.02!1 - Maximum fence height. 30inches permitted in front 10-•~et-of street sethack; 6 feet existing) C. SECTION 18,61.06A,030 - Re uired enclosure of outdoor uses. S te screening required; none er.isting D. SECTION 1$.06.060.0224 - Minimum numher of parking spar_es. 1 s ace required; none existing) 2, That the requested waiver A is hereby granted, in part~ subJect to the petitioner's stipulation at the public hearing to fully landscaped, irrig~te and maintain a 10-foot wide area along 313 feet of Jefferson Street on the east side of the property. 3. That the requested waiver B is hereby granted on the basls that denial wouid deprive subject propert•r of a priv'riege enJoyed by other propertles in the same zone and vtcin(ty. 4. That the requested waiver C is hereby granted, in part. subJect to the Petitloner's stipulation at the puhlic hearing~ to provide sl3tting in the six (E} foot high chainlink fence along the 313-foot Jefferson Street frontage and also in approximately 50 feet of the north property line beginning at Jefferson Street (east property line.} 5. That the re~uestnd t~t~l~lt!' ~ 1s herehy granted on Lhe basis Lhat the request ts minimal because there will be only one employee on the premises and unmarked on-site parking is available and there have been no parking problems caused by the existing use. 6. That the proposed use~ as granted, will not adversety affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site proposed for the use, as qranted~ is adequate to allow the full development of the proposed ~s^ in a manner not detrimental to the particular area nor to the peace, haaltR. safety. and general welfare of the Citizens of the City of Anaheim. 8, That the Condittonal Use Permit, as granted~ and undr_r the conditions imposed~ vitll not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 9. That the trafftc generated h~~ ttie proposed use ~•JT11 not impose an undue burden upon the streets dnd hiatnodys de~lqned and improved to carrv the traffic in the area. -2- Pc8o-237 r:.:;, 10. That no one indicated their presence at said publlc heari;ig in opposition; and that no correspondence a~as received in opposition to the subject petition. ENVIRONMENTAL IMPACT FIP~DING: That the Anaheim City Plan~ino Commission has reviewed the proposal to expand an existing fuel terminal with walvers of minimum landscaped front sethack, maximum fence height, required enclosure of outdoor uses and minimum number of parkinq spaces on an irregularlyshaped parcel of land consisting of approximately 7.7 acres, having a frontage of approximately 313 feet on the west side of Jefferson Street, having a maxtmum depth of approximately 81~~ feet, artd being located approximately 360 feet south of the centerline of Orangethorpe Avenue; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basls that there a~ould be no significant individual or cumulative adverse environmental tmpact due to the approval of this Negative Declaratton since the Anaheim General Flan desianates the subject property for general industrial land uses commensurate with the proposal; that no sensltive environmental imoacts are involved in the pronosal; r.hat the Initiai Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental Tmpacts; and that the Negative Declaratlon substantiating the foregoing findings is on ft)e in the City of Anaheim Planntng Department. PlOW, THEREFORE~ BE IT RESOLVFD that the Anaheim City Plannino Comm~csion does hereby grant, tn part, subjecL PetttTon for Conditional Use Permit, upon the following condttions 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 oNm er(s) of subject property shall deed to the City of Anahetm a strip of land 45 feet in width from the centerline of the street along Jefferson Street for street widentng purposes. 2. That all engFneering reGuirements ~f the Citv of Anahefm along Jefferson Street including preparatton of imnrovement plans and installation of all improvements such as curbs and gutters~ sidewalks, street grad(ng and pavfng, drainage facilities or other appurtenant work, shall be complied with as required hy the City Engineer and in accordance soith speciftcations on file in the Office of the City Engineer; that street lighting facilities along Jefferson Street shall be installed as required by the Office of Utilittes General Manager, and in accordance with specifications on file in the Office of Utilities General Manaqer; and/or that a bond, certificate of deposit, letter of credit, or cash, tn an amount and form satisfactory to the City of Anaheim shall be posted with the Citv to guarantee the installation of the above-mentloned requirements prtor to occupancy. 3. That trash storage areas shall be provided ln accordance a~ith approved plans on file ~vith the Office of the Executive Director of PuhlTc blork.s. ~+. That ftre hydrants shall he lnstalled and charged as required and determined to he necessary by the Chief of the Fire Department prior to commencement of structural framing. 5. That approprfate water assessment fees as deternined by the Office of Uttlities General Manager shall be paid to the City of Anaheim prior to the issuarce of a buildtng permit. -3- Pc8o-237 6. That the oamer(s) of suhject pro~erty shall pay the traffic stgnal assessment fee (Ordinance No. 3II96) in an am~unt as determined by the City Council, for industrial buildings prior to the issuance of a buil~ing permir.. 7. That this conditional use permit ~s aoproved subject to annexation of subject property to the City of Anaheim. 8. That this Conditional Use Permit is grantrd subject to the completion of Reclassification No. 7~-71-47, no~~r pendinq. 9. That subject property shatt be developed substantiaily in accordance with plans and speciftcations on file toith the City of Anaheim marked Exhibit No. 1; provided, however, that a ten (1Q) foot wide area along the Jefferson Street frontage shall be fully landscaped, irrigated and maintaTned; and that slatting shall be provided in the stx (6) foot hi9h chainiink fencing along Jefferson Street and the easterly fifty (50) feet of the north property line. iQ. That no gates shall restrict vehicular access to subiect property in the 60-foot deep areas as measured from the driv~yay entrances on Jefferson Street. 11. That Condition Nos. 1, 2, 7 and 8, above-mentioned, shall be complied with prtor to the commencement of the activity authorize~ under this resolution, or prtor to [he tlme that the building permit ts issued, or o~ithi~. a perlod of one year from date hereof, whichever occurs first, or such furtfier time as the Planning Commisslon may arant. 12. That Condttion Nos. 3 and 9, ahove-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planninq Commisslon does hereby fTnd and determine that adoption of this Resolutton is expressly predicated upon apptlcarti's compliartce rlit!; eac~ and a1I c' thc cnndii~ans hereina5ove sei forLh. Should any such conditton. or any part thereof, he declared invaltd or unenforceable by the f1na1 judgment of any court nf competent JurtsdTction. then this Resolution, and anY approvals herein contained, shall he deemed nu11 and voTd. THE FOREGOING RESOLUTION is signed and approved by me thTs 15th day of December, 1980. v CHA AN~ NAHEIM CI LANMINf; CnMM SSION ATTEST: ~~CRE~AR ~ f1AH M 1'~i LANN NG OMM S~ I~N -4- PC8o-237 iw.. P~''~, STATE OF CALIFORNIA ) COUNTY OF ~RAt~GE ) ss. CITY OF ANAHEIM ) t~ Edlth L. Harris, Secretary of the Anaheim City Planninn Commission, do hereby certify that the foregotng resolution was passed and adopted at a meeting of the Anahelm City Planning CommissTon held on Decemher 15~ 1?R0, by the followfng vote of the members thereof: AYES: COMMISS10~7ER5: BARNES, BOURS, aUSHORE, FRY~ KI~Jr,, 7nLAR NOES: ~~HMISSIONERS: NONE A9SENT: ~~MMISSIOMERS: HERBST ~gRn~ IN WITNESS WHEREOF~ I have hereun[o set my hand this 15th day of December~ ~~ ~ '~~ ,. . . ~ SECRFTARY, A~;,;NEIN CITY PLANNINr, CnMMISSIQN -5- PC8o-237