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PC 80-40RCSQLUTIOtI ~10. PC~?~-hn A RESOLUTI011 OF TN[ /1'lAHEIM CITY PLA~I;ll~lf CO~i'SISSI~i! TH.~T PE71T101! F~R CONDITIOiIAL USE PER!'~IT i10, 7_0~~ E3F ~P,F,~ITE~, Itd PART WHEREAS, Y.he Anaheim City Planning Commission did receive a~•erified Petition for Conditional Use Perr,iit from J.ACf; CULP, JR. and IIAl1CY CULP, 2~77 Valley View, ilorco, California~ 91760, owners of certain real pronerty situatecl in the City of Anaheim, County of Orange, State of California, d~scribed as: Lot 1> of [ucalyptus Forest Tract, as sho~,m on a map thereof recorded in eook 5, Pages 29 and 3~, Pliscellaneous 'taps, recc~ds of said Orange County. WH[REAS, ihe City Planning Commission did hold a public hearing at the City liall in the Clty of Anaheim on February 25, 1gE0, at 1:3^ P•~•. notice of said public hearing having been duly given as required by lati~ and in accordance with the provisions of the Anaheim Ptunicipal Code, Chapter 1".03, to hear and consider evidence for and against s~id proposed conditional use permit and to investigate and mal:e findings and recom;~erdations in connection tiierewith; and 61HEREAS, said Cc•~nmission, 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 cietermine the followin9 facts: 1. That the proposed use is properly one for ~•:hich a conditional use permit is authorized by Anaheim Municipal Code Sections 1~3.~1.~50.502 and 12.G1.05~.o0G to retain a contractor's storage yard and pest control service with a waiver of: ~ y o. nro n _ u ..a ~ ~ i. E Tl~; 1...~2. ,,,._11 i~i-~u; 1~.,~sca c ~uctur3l ;ct ,~c„ 50 feet required; ~ ''~5~t structural setbacl; vrithout landscaping existing 2. That the proposed use is hereby g~anted. 3. That the requested waiver is hereby granted, in part, to allo~~ a 25- foot structural setbacE: a~ith a 10-f~ot ~•~ide landscaped planter adjacent to the street, subject to petitioner's stipulation to complete the irrigation system and landscaping on the north property line. 4. That the requested waiver is hereby granted, in part, on the basis that strict applic.ation of the zoning code deprives the property of privileges enjoyed by other Rroperty under identical zoning classification in the vicinity. 5. That the proposed use, as granted, ~iill not advcrseiy affect the adjoining land uses and the qro~•rth and development of the area in a~hich it is proposed to be loca_ec:. PC8~-4o 6. That the size and shape of the site prc,posed for the use, as granted, is adequate to alluw the full dcvelopment oP thc: pro~~osed use in a r~anner not dr~rimental to thr. particuiar area nor to the pc~ce, ~ealth, safety, and yeneral welfare of th^_ Citizens of the City o` :1~iaheiri. 7. That the grantin9 of the Conditional Usc Pernit under the conditions imposec ~•ri11 not ~e detrimental to th~ peace, hea]th, safety and genr_ral t•~elfare of the Citizens of the City of Anaheir^. 0. That the kraffic generated by the proposed use t~iill not impose an undue burden upon the streets and hi9h~•~aYs cJesigned and improved to carry the traffic in the area. 9, That no one indicateci their presence at said pubiic hearing in opposition; and that no correspordence ~~ias received in opoosition to the subject petition. ENVIROPIMEPlTAL IMFACT FINDIt16: That Lhe Anaheim City Planning Commission has revieared the proposal to retain a contractor's storage yard anJ pest control service with a waiver of minimum landscaped struct~~ral setback on a rectangularly-shaped parcel of land consisting of appror.imately ~.L'6 acr~, havino a frontage of approxinately 132 fcet on t'~e south side of Mi;alona A.venue an<t havin9 a maximum depth of approximately 2°5 fee~ and heina located approximately 6SR feet o-~est of the centerline of Red Gum Street; and does hereby approve the ~Iegative Declaration from the requirement to prepare an environnental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this P{egative Declaratio~ since the Anaheim General Plan designates the subject property for general in~iu.,trial land uses com~nensurate ~•rith the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the p~.titioner indicates n~ si9nificant tndividual or cumulative adverse environmental irnpacts; and that the tJegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. HOW, TNEREFOP,E, BE IT RE`i~LVED that the Anaheim City Planning Commission does hereby 9~ant, in oart, subject Pc.tition for Conditional Use Permit, upon the fullot•~ing conditions which are hei-eby found to he a necessary prerequisite to the proposed use of the subject property '(n order to preserve t`~e safety and general welfare of the Citizens of the City o'~ Anaheim: 1. That trash storage areas shall he provided tn accordance o~ith approved plans on fil~ with the Office of the I:xecutive Dtrector of Public blorks. 2, That the oi~m er(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by L•he C:ty Council, for street li~htin9 along Miraloma Avenue. 3. That the er.isting sti-ucture shall he brought up to the minimum st~ndards of the City of Anaheim, includin9 the Uniform Buildin~, Plumbing, Electrical, ~lechanical and Fire Codes as adopted by the C.ity of Anaheim, and that permits shall be obtalned, as requirecJ, by Code. °Z- PC3o-~+0 ~E. That all outdoor storage areas be completely paved with gravel to a minimum depth of three (3) inches, and shall be permanently so-maintained. facilities~shallabe a ten (10) foot a~ide landscaped area including irrigation provided adjacent to Hiraloma Avenue, in accordance ~~ith 2oning Code requirements. 7, That this Conditional Use Permit is qranted subject to the completion ~f Reclassification PJo. Gg-7o-,5~ ~ov, pending, 3. That subject property shall be developed suhstantially in accordance With pians and specifications on file with the City of Anaheim marked Exhihit Plo. i; provided, however, that a 10-foot ~~ide landscaped olanter shall be installed alona Miraloma Avenue, _ g, That all of the conditions above-mentioned shall be complied with prior to final building and zoniny inspections within a period of ninety (g~) days from tlie date hereof. BE IT FURTHEP, RESOLVED that the Anaheim City Planning Commission does hereby f~nd and determine that adopticn of this ~esolution 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 jurisdi~tion, then this Resolutton, and any app:ovals herein contained, shall be deemed nuil and void, Tf1E FOFEGOItJG RESOLUTIOtI is signed and approved by me this 25th day of February, 1980. ATTEST• ~nA I RWOMAN, ANANE~ C I TY PLAPJtJ I N ~G 0!1!1 I SS I ON .~~d~-~~ ~C ~i~.i ,~.,;,, SECRETARY, APJAHE 1!1 C I TY PLAytJ I rJr COFiM I SS I OPl STATE OF CALIFORNIA ) COUNTY OF ORA~JGE ) S~. CITY OF AWAHEIt1 ) I, Edith L, Harris, Secretary of the Anaheim City Planntng Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Ptanning Commission held on February 25. 19n0, by the foliowing vote of the members thereof; AYES: COMMISSIONERS; BARNES, QUSfIORE, DAVID, FRY, HERFST, Kltir,, TO~n,, NOES: COt1HISSIONERS: NONE AQSENT; COM1115510tJERS: PIONE IN WITNE5S WHEREOF~ I have hereunto set my hand this i5ti day of February, 1930. `~~-~ ~ . SECP,FTARY, A1dAHE I M C I TY ?LA~l~~ I NR COM"1 I SS I OH -3- Pc3o-4~