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PC 81-11,~ ,-, RFSOLUTIOtJ h10, PC81-11 A RESOLUTIOH OF THE AMANEIM CtTY PLA~I~II~Ir, Cnr1NISS1oH THAT PETITIOP~ FOR CONDITIOMAL USE PERMIT N0. 11h5 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from D. P,p.YMOPID WOLL AND ADA MAY WOLL, ET AL, 4li60 East La Palma Avenue, Anaheim, California 92807, owners, and MILES JACKSON~ 32611 Bradley Road, Sun Ctty~ California 92381, agent of certain real property situated in thE City of Anahelm, County of Orange~ State of California~ described as: Parcel 1: The East Q4 feet of the West 663 feet of Lot 15 in block 36 of Yorba Linda Tract; and Parcel 2: The East 94 feet of the i~~est 5~9 feet of Lot 15 in block 36 of Che Yorba Ltnda Tract; and Parcel 3: Lot 15 in Block 3~ of the Yorba Linda Tract, all in the City oT Anaheim, County of Orange, State of Callfornia, as shown on a map thereof recorded ln book 5. paqes 17 and 18, Mtscellaneous Maps, records of said Orange County. EXC~PT THEREFROM the 41est 663 feet ihereof. WHEREAS, the City Planning Commissfon did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 1981, at 1:3~ p.m., notice of said public hearing having been duly given as required hy law and in accordance with the provislons of the Anahefm Municipal Code~ Chapter iR.03, to hear and consider evic':cr.ce for and against said proposed conditional use permit and to investigate and make findings and recanmendations in connection therewith; and YlHEREAS, sald Commission, after due inspection, investigation and study made by itself and in its behalf, and after due constderation of all evidence and reports offered at said hearing, dces find and determine the following facts: 1. That the proposed use is properly one for ~•~hich a conditional use permit is authorized by Anaheim Municipal Code Section 1R.h1.~5~.150 to wTt: to permit the expansion of an existing equipment rental yard to include a concrete mixin9 opertaion in the ML(SC) (Industrial, Limited - Scenic Corridor Overlay) Zone. 2. That the proposed use is hereby granted for a period af three (3) years, subJect to revie+•r for posstble extensions of time upon wrTtten request from the petitioner if it is determined that the use has not had an adverse affect on nearby businesses. 3. That the proposed use is hereby granted subject to the petitioner~s stipulation atthe public hearing that the maximum size of the concrete mixing trailers shali be 4 foot by 6 foot a~ith maximum loads of one (1) cubic yard of mixed cement. 4. That the proposed use will not adversely affect the adJoining land uses and the growth and devel~pment of the area in which tt is pr~~osed to be located. PC81-11 ...:,_~~ ,M. 5. That the size and shape of the site proposed f~r 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 o-~elfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional llse Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the Ctty of Anaheim. 7. That the traffic generated hy the pronosed use ~rill not impose an undue burden upon the streets and higho~ays designed and improved to carry the traffic in the area. S. That 2 persons indicated thetr presence at said public hearing (n opposttion; and that no correspondence v~as received in opoosition to the subject petition. EhIVIRONMENTAL IMPACT FINDI~lG: That the Anaheim City Planning Commtsston has reviewed the proposal to permit the expansion of an existing equipment rental yard to include a concrete mixing operation in the ML(SC) (industrial, Limlted - Scenie Corridor Cverlay) Zone on a rectangularly-shaped parcel of land consisting of approximately 2.4 acres located at the southwest corner of La Palma Avenue and Lakevtew Avenue, having approxlmate frontaaes of 24t~ feet on the south side of La Palma Avenue and 409 feet on the west side of Lakevie4~ Avenue (1+460 East La Palma Avenue); and dces hereby approve the Negative Declaration frcxn the requirement to prepare an envlronmental impact report on the basis that there ~aould be no signtficant 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 industria) land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initlal Study submitted by the petitioner indicates no signiftcant individual or cumulative adverse Pnvironmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City qf Anaheim Planning Department. NOW~ THEREFORE, DE IT RESO~VED that the Anaheim Gity Planning Commtssion 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 tn order to preserve the safety and general welfare of the Citizens of the City of Anahetm: 1. 'rhat the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerllne of the street along Lakeview Avenue for street widening purposes. 2. That the existtng mosC easterly driveway shall he removed and replaced with a standard curb, gutter and sidewalk and landscaped planter. 3. That subject prooerty shall he deve!oped subst~ntially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, 4. That, Conditton Dlos. 1 a~d 2, above-mentioned, shall be complied with prior to the canmencement of the activity authorized under this resolutton~ or -2- PC81-11 wtthin a pertod of one year fran date hereof, whichever occurs first, or such further time as the Pianning Commtssion may grant. BE IT FURTHER RESOLVED that t~•~ Anaheim City Planning Commission does hereby find and determine that adoption of this ke~olution ts expressly predicated upon appllcant~s c~mpliance with each and all of the conditiens hereinabove set forth. Should any such condition~ or any part thereof, be declared invalid or unenforceable by the ftnal Judgment of any court of competent jurisdiction~ then thls Resolution, and any approvals herein contained, shalt be deemed null and votd. THE FOREGOING RESOLUTION is signed and approved by me this 12th day of January~ 1981. ~~;~~ v ~~~ CHAI MAN, ANAHEIM CI 1~ WNING COMMISSIOPI ATTEST: ~ . SECRETARY, ANAHEIM CIfY~LANNING COMMIS ION STATE OF CALIFORNiA ) COUNTY OF ORANGE ) ss. C ITY OF ANAHE 1M ) I~ Edith L. Harris, Secretary of the Anahefm City Planning Commission, do hereby certify that the foregoing resolution v+as passed and adopted at a meeting of the Anaheim Ctty Planning Comnission held on January 1?.~ 19(31, by the following vote of the members ther~of: AYES: COt4MISSIONERS: BOUAS, BUSIIORE, FRY, KING~ TOLAR NOES: COMMISSIONERS: N~NE ABSENT: COMMISSIONERS: BARNES~ HER6ST IN WITNESS WHEREOF~ I have hereunto set my hand this 12th day of January~ 1981. ~~ ~` . SECRETARY, APJAHEIM CI Y PLANNING COMMISSION -3- PC8?-lY RFSOLUTIOiI h10. PC31-11 A RESOLUTIOt! OF "fHE AtJAh!EII1 CITY PL/1MtIIN~ C~'1"?ISS1~7t1 TIIr1T PETITIQH FOP, C(1tJDITI~PIP,L !.ISf-. PERHIT N0. 71~r BE GRA~:7[D b1HEREAS, the Anaheim City Planring Commission rlid receive a verified Petition for Conditional Use Permit from D, FhY^1~~ID b;OLL ~ND A~A FiF,Y WOLL, ET AL, l~460 East La Pa~ma Avenue, Anaheim, California 97_3n]~ oamers, and ~41LES J1ICKSOhI, 32611 Bradley Road, Sun City, California 923°1, agent of certain real property situa'ted in the City of Anaheim, County af Orange, St~te of f.slifornia, descrihed as: Parcel 1: The East °!E feet of the '~1est hF3 feet of Lot 1S in block 36 of Yorba Linda Tract; and Parcel 2: The East 94 feet of the i•.~est 5F~9 feet of Lot 15 in block 3~~ ~f the Yorha Lin<ia Tract; and Parcel 3~ Lot 15 in Block 3~~ of the Yorha Linda Tract, ail in the City of Anaheim~ County of Orangc:, 5tate of California, as sho~•m on a map thereof recorcied in book 5, penPS 17 and 1~, Niscellaneous tiaps, records of said Orange Coimt}~. E;!CEPT TFIEREFROM the 41est 663 feet thereof. 'dHEREAS, the City Planning Ccmmission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 1~~1, at 1:;~ p.m., notice of said public hearing having 6een duly 9iven as required hy ta~-r and in accordance ~~rith the provisions of the Anaheim htunicipal Code, Chapt~r lft.(1s, to hear and consider evidence Por and against said prop~sed conditinnai use permit and to investiaate and make findings and recommendations in connection ti,ere~•rith; an~l 41NEREAS, said Commission, after due inspection, investi~ation and study made by itself snd in its behalf, and after due conslderation of all evidence and reports offered at said hearing, does find and determine the followinq facts: 1. Tha t the pro~~osed use i s proper lv one ror ~•rh i ch a cond i t i ona 1 use permit is authorized by Anaheim Municipal Code Section 1R.h1.~5~.150 to vait: to permi*_ the expansion of an existing equipment rentzl vard to include a concrete mix+ng opertaion ~n the ML(SC) (Industrial, Limited - Scenic Cor~ridor Overlay) 7_one. 2. That the proposed use is hereby qranted for a period of three (3) years, subject to revie~•r for possible extensions of time upon written request from the petitioner if it is determined that the use has not had an adverse affect on nearby businesses. 3. That the proposed use is hereby granted suhject to the netitioner's stipulation,~tthe public hearing that tne mar.imum size of the concrete mixing trailers snall be tF foot by G foot t•~ith maxtmum loa~ls of one (1) cubic vard or mixed cement. ~t, That the proposed use ~.ai 11 not adversely aFfecr. the ~,d.joining lanrl uses and the grourth and development of the area in ~~~hich it is or~~osed t~ be located. PC81-11 S. That the sizc and sha~e of the site ~rn~oseci fnr the use is adequate to allo~•~ the fult development of the proposed use in a nar.ner nnt rletrimental to thr_ particular area nor to tn~ pear_e, healr.h, safety, and acnr_ral ~•ielfare nf the Cirizens of the City of Anaheim. 6. That the granting of the Cenditional llse Permit under the cnnditions imposed, if any, a~i11 not he detrimental to the ~eace, health, safet•y and general welfare of the Citizens of tiie City of F,naheim. 7. That thc traffic nenerated hy the pronosed use ~•~ill not impose an undue burden ~:~on the streets and high~~~a~~s desi9ned and improved t~ carry the traffic in the area. ~%. That 2 persons indicated their ~,resence at said nublic hearin~ in opposition; and that no corresp~n~ienc~ ~~ras received in opo~sitinn to the subject petition. EtlVIRODJMEMTAL IMPACT FIP1DItIG: That the Anaheim Citv Planninn Canmissian has revie~•!ed the proposal to permit the expansion of an existing eauipment rental yard to include a concrete mixing operation in the t11_(SC) (Industrial, Limited - Scenie Corrtdnr Overlay) Zone on a rectangularly-shaped parce? of land cnnsisti~n of approximately ?.4 acres located at the south~vest corner of La Palma Avenue and Lakevie~:~ Avenue, having approximate frontaaPs of 24f~ feet ~n the south side ~f ~~ Palma Avenue and 409 feet on the t~+est side of La~•evie~•i Avenue (~~1i(~ East La Palma Avenue); and does hereby approve the ~legativr~ Declaratior frnm the requirement to prepare an environmentai (mnact report on the basis that there t•rou~d he no siqnificant individual or cumulative adverse environmental imoatt due to the approval of this Negative Declaration sincn the Anaheim Generat PTan designates the suh.ject prontrty for general industrial land uses commensurate ~~:itli the proposal; that no sensitive environmental impacts are im~olved in the oroposal; that the Initial Study S~~tiM~rt~a ti„ ~, ,..~,~, ~. ~ t.~c rcti~°^-^- ;nc,~catcs iio ~iyni(ican~ innivfaual or c~mulative adverse ~nvironmental impacts; and that the Negative Declaration =_ubstantiating the foregoing findings is on filc i~ the City of Anahetm Planninc7 Department. tl041, THEREFORE, DE IT RCSOLVED tha* the ~naheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the follo~~in9 conditions which are hereby found to be a necessary prerequisite to the prooosed use of the subject property in order to pr~s~rve the safety and general a~elfare of the Citizens of the City of Anaheim: 1. That the o~~mer(s) of suhject prnperty shall dee~i tn the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Lakeview Avenue for street ~videning purposes. 2. That the existing mo;t easterly drive~,~ay shall he rem~v~d and re~lacc~i wtth a standard curh, gi~tter 3nd sid~aialL• anrl landsc:.3ped planter, 3. That suhject pr~oerty shall he d~veloped suhst'~ntially in acc~rdance toith plans and sneclfications on fil~ ~;~it`~ t'~^ Citv of /lnahein markecl Exhibit No, t, 4. That Condition "Jos. 1 and ?., ahove-mr.ntioned, shall he c~mpllEd with, prior to the commencement of tl~e activity authorized under this resoTution, or -2- PC31-11 ~ ..,. within a per(od of one year fr~r.i date hereof, ~•~hichr.ver occurs first, or such further time as the Planning Commission mav grant. BE IT FURTHER RESOI.VED that the Anaheim City Planning Commissi.~n does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance ~•+ith each and all of the conditions hereinabove snt forth, Should any such condition, or any part thereof, be decla red invalid or unenforceable by the final judgr~ent of any court oT comp2tent juriseiicti~n, then this °,esolutian, and any approvals herein contained, snall be deemed null and void. THE FOREGOI~dG RESOL'JTIOtI is signed and approve~l by me tFis 12th day of January, 1981, _~~.~ ' ~ ~~-~ CHAI MAM, Ald/1HEIM ~I 1~P_A~JMING CONHISSIOPI ~~ s~ ~ )~t.r.e.. SECRETARY, AMAHEIM CITY PLA~dMING COMMISSI(ly ATT[ST: STATE OF CALI FORhJ iA ~ COUPITY OF ORA~~GF ) ss. CITY OF ANFlFIEIM ) i, Edith L. Harris, Secretary of the An~iieim City Pia~ning Commission, do hereby certify that the foregoino resolution o-~as passed and ado~ted at a meetinq of the Anaheim City Planning Comnission helcl on January 1?, 1°31, by the following vote of the memhers thereof: AYF~r f(1111~~ICC1l1!JRRC• Rf111~c Ri1C~~~~r c~v ,,.. ~ r ~~..~.~~ ~ ,~~ ~ i.~,~~~ T~Li~i~ r~ors: cr..~~r~issior~ERS: r~oNE AE3SENT: COM~iIS510NERS: BARMES, HEREIST IFI l•lIT~JF.55 WHEREOF, I have hereunto set my hand this 1.'.th c'3y of January, 1~$i. `~~. .2 ,° ~., : SECP,ETARY, AhlAHE IM C ITY PLAP1Pl I PJ~ cnr~-~ ~ ss ~ o~~ -3- P('81 -i l