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PC 82-162~ RESOLUTIUN NO. PC82-162 A RESOLUTION OI' THE ANAHEIM CITY PLANNING COMMISSION THAT P~TITION FOR CONDTTIONIIL "SE PERMIT NO. 2366 BE GiZANTED, TN PART ~dHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ANTONIO f3. RANGEL, ET AL., 318 North Stardust Avenue, Placentia, California 92670, owner, and STEPHEN W. BRADFORD & ASSOCIATES, P. O. Box 148, Placentia, California 92670, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT PORTION OF LOT 1 IN BLOCK 6 OF THE GOLDEN STATE TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MTiP RECORDED IN BOOK 4 PAGES 66 AND 67 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SHOWN AS PARCEL 2 ON A MAP RECORDED IDi IIOOK 1 PAGE 38 OF PARCEL MAPS RECORDS OF SAID ORANGE COUNTY. ppigC~, p: THE SOUTHERLY 130.00 FEET OF THE F7ESTERLY 148.63 FEET OF THE SOUTHERLY 156.00 FEET OF THE WESTERLY 438.63 FEET OF LOT 1, IN BLOCK 6 OF THE GOLDI:i3 STATE TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGES 66 AND 67, MISCELLANEOUS MAPS, RECORDS OF SAID O1tANGE COU'NTY. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on September 8, 1982, 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 findinqs 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 pro~,e:ly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.502 to wit to retain contractors' storage yards with waivers of the following: (a) SECTION 18.01.130 - Required Lot F.tage. (A21 lots required to abut a public street or alley; 2 lots not abutting) (b) SECTION 18.61.063.013 - Minimum LandscaFed Setback. (5 feet requirzd from local streets; none existing) #0193I PC82-162 ~~ (c) SECT~ON 18.61.064.020 - Maximum Fence Hej.ght. (30 inches permitted in front setback; 6 foot existing) (d) SECTION 18.61.068.030 - Required Enclosure of Cutdoor U~es. (Chain-linY, fence with redwood or cedar slats required; unslatte~ chain-link fence existing) 2. That the proposed use is hereby qranted subject to the following stipulations made by the petitioner at the public hearing: a. That the existing 6-foot high plywood fence adjacent to Red Gu~ Street shall be removed and replaced with a new fence constructed at the required 5-foot wide setback; and that the 5-foot wide setback shall be irrigated and landscaped, as required by Code. b. That all outdoor ~torage areas sha21 be screened with slatted chainlink fencing from adjoining properties and Red Gum Street, as required by C~de. c. That all inoperable vehicles shall be removed from the premises. d. ?.,at there shall be no persons living in camper snells on the Fremises. e. That miscellaneous piles of debris shall be removed from the premises. f. That there shall h~ nn ):~~P~n3 ~f ~'+'^^ 1n `:igttZ; ur,cznit3ry and odorous conditions on the premi~es. g. ihat all structures shall be brought into conformance with building code. 3. That the requested waiver (a) is hereby granted on the basis that denial would deprive subject property of a pri~~ileqe enjoyed by ~ther properties in the same zcne and vicinity. 4. That the requested waivers (b), (c) and (d) are hereby denied on the basis that the petitioner stipulated at the public hearing to comply with code requirements pertaining to minimum landscaped setback, maximum fence heighL and required enclosure of outdoor uses; thereby eliminating the need for said waivers. 5. That the proposad use, as granted, will not adversely affect the adjoining land use~ and the growth and development of Lhe area in whiv-ti it is proposed to be located. -2- PC62-162 ~ 6. Th~t *he ~izP a~id suape of the cite proposed for the use, as granted, 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 o_° Anahein. 7. That the granting of the Conditional Use Permit under the conditions imposed, if any, w.ill not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 8. That the traffic generated by the proposed u~e will not impose an undue burden upon the streets and hiyhways desiqned and improved to carry the traffic in the area. 9. That no one indicated their pre~ence at said pubiic hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL It+~ACT FZNDING: That the Anaheim City Planning Commission has reviewed the propocal to retain contractor's storage yards with waiver of required lot frontage, minimum landscaped setback, maxinum fence height and required er,closure of o~.'oor uses on a rectangularly-shaped parcel of lan8 consisting of approximately 1.5 acres, haviny a frontage of approximately 150 feet on the east side of Red Gum Street, and fusther described as 1450 North Red Gum 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 iapact due to the appro~al of this Negative Declaration since the Anaheim General Plan designates the subject property for generaZ industrial land uses commensurate with the preposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adver~e environmental impacts; and that the Negativ~ Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, TH~REFORE, BE IT RESOL\lED that the Anaheim City Planning Commission does hereby qrant subject Petition for Conditional Use Permit, upon the following conditions which are herebp found to be a necessary prarequisite to the proposed use of the subject property in order to prerequisite to the proposed use of thc. subject property in order to preserve the ~afety and general welfare of the Citizens of the City of Anaheim: 1. That all engineering requirements of the City of Anaheim, along Red Gum Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street gradinq and pavement, sewer and drainaqe facilitfes, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with specifications on fil.~ in the Office of the City Engineer; that street lighting faciliti~:s alonq Red Gum Street shall be installed as required by the ~ffice of Utilities General Manager, and in accordance with specifications on file in the Office of the Office of Utili~ie~ General Manager a~d/or that security in the form of a bond, -3- PC82-162 ~. r-~. certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory installation of the above-mentionad improvements. Said ~ecurity shall be posted with the City prior to approval of the final map. The above-required improvements shall be installed prior to commencing the ac.tivity authorized by this zoning action or within a period of ninety (90) 3ays of approval by the Planning Commi:~sion, whichever occurs first. 2. Tnat fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 3. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim. 4. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and theri be recorded in the office of the Orange County R~corder. 5. That the panhandle of Parcel 4 shall be a minimwn of 30 feet wide for a minimum of 50 feet from the right-of-way line of Red Gum Street. 6. That reciprocal access agreements shall be submitted te and approved by the City Engineer prior to approval of the final parcel map. 7. That trash storage areas shall be provided in accor3ance with approved plans on file with the Office of the Executive Director of Public 47orks. 8. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance 3896), in an amount as determined by City Council for the 1.25 acre outdoor storage area. 9. That subject propert,y shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1, provided however, that a five foot (5) fully landscaped and irrigated setback shall be maintained along Red Gun Street and all outdoor storage shall be fully enclosed by chainlink fencing interwoven with redwoo9 or cedar slats, as required in Code. 10. That subject property shall be cleared of any and all outstanding Code violations including illegal use of camper shells as residences, keeping swine, and other nuisance conditions. 11. That the existing structures shall be brought ug to the minimum standards of •the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. _q_ PC82-162 rw. ~~• 12• That Condition Nos. ],, 2, 3, 7, 8, 9, 10 and 11 shall be completed prior to approval of the final parcel map or within a period of ninety (90) days of approval of thiG condit:onal Sse permit by Planning Commission, whichever occu.rs first. gg IT FURTHER RESOLVED that the Ana~:zeim City Planning Commission doea he~ebY find and determi:~e that adopti~:.i of this Resolution is expressly predicated upon aoplicant's compliance with each and all of the conditions y3er01habo~e set forth. Should any su~h condition, or any part thereof, be dec7-a:ed invalid or unenforceable by the final judgment of any court of comPerent jurisdiction, then this Resolution, and any aPPr~vals herein ~ontained, shall be deemed null and void. THE FOREGOING RESOLL'TION is signed and approved by me this 8th day of Sep~e~e:r, 1982. ~~ ~~i'y~'~ ~HA RMAN, AN EIM CIT ANNZNG COMMISSION ATxEST; ~G7G~ ^ ~ /'+~v ~ i ~ SE TARY, AN~EIM CITY PLANNING COMMISSION STAT~ OF CALIFORNIA ) CO~TY OF ORAN~E ) ss. C=SY OF p~7AHEIM ) 2~ Edit1'1 L. Aarris, Secretary of the Anaheim City Planning Commission, do heYeby certify that the foregoing resolution was passed and adopted at a Zneeting of the Anaheim City Planning Commission held on September 8, 1982, by ~he ~ollowing vote of the members there of: AYES= COMM=SSIONERS: BUSHORE, FRY, HERHST, KING, MC BURNEX DTOES~ COMM=SSIONERS: NONE ~gENT: COMM=SSIONERS: BOUAS, ~1 CLAIRE p,$S`rAIN: COMMISSIONERS: HE~ST IN WITP+ESS WHEREC~F, I have !:ereunto set my hand this Sth day of Septeatber, lgg2. ~ ~ ,~ ~~~ : SECRETARY, ANAHEIM CITY PLANN=NG COMMISSION -5- PC32-162 ~ ~