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78-810 I""" - ,~ RESOLU~ION NO. (8R-810 A RESOLU~ON OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ GRANTING CONDITIONAL USE PERMIT NO. 18g8 , WHEREAS, ~he City Planning Commission of the City of Anaheim did receiv~ an application for a conditional use permit from HOWARD AND J~N GARBER, HAROLD S. AND BETTY H. PROTTAS, owners; and THOMAS iC. COCHRAN, agent, to permit an outdoor con- struction storage ~ard, with a waiver of certain Code requirements, on the real proper~y situated in the City of Anaheim, County of Orange, State of C$lifornia, described as: THOSE PORTIONS OF LOTS 35 AND 36 OF TRACT 1161 IN THE CITY OF A~AHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 36, PAGES 45 AND 46 OF MI~CELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; AND THOSE PORTION$ OF LOTS 189, 190 AND 191 OF TRACT 1202 IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON M4.P RECORDED IN BOOK 37, PAGES 27 AND 28 OF MISCELL.NEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORD~R OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT fHE SOUTHWESTERLY CORNER OF SAID LOT 35; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOTS 35,.36, 189, 190 AND 191 A DISTANCE OF 365.16 FEET; tHENCE WESTERLY IN A DIRECT LINE TO A POINT IN THE WESTERLY LINE OF SAID LOT 35, DISTANT NORTHERLY THE~CE 85.09 FEET FROM SAID SOUTHWESTERLY CORNER; THENCE SOUTHERLY ALONG SAID WESTERLY LINE 85.09 FEET TO THE POINT OF BEGINNING; AND ~. -1- ATTY-26 (Page 1 of 2 Pages) 1""'. _. WHEREAS, the City Planning Commission did hold a public hearing upon said app~ication at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired hy law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal COd.i and ..-... WHEREAS, sa~d Commission, after due inspection, investi- gation and studies ma~e by itself and in its behalf and after due consideration of all ~vidence and reports offered at said hearing, did adopt its Resolut~on No. PC78-251 , grantini, in p~~t, Conditional Use Permit No. 1898 i and MIEREAS, thereafter, within the time prescribed by law, an interested party o~ the City Council, on its own motion, caused the review of said Pl.nning Commission action at a duly noticed public hearingi and WHEREAS, at the time and place fixed for said public hearing, the City Cou~cil did duly hold and conduct such hearing and did give all perspns interested therein an opportunity to be heard and did receiveievidence and reportsi and WIIEREAS, th!" City Council finds, after careful consider- ation of the recommen ations of the City Planning Commission and all evidence and repo ts offered at said hearing, that: 1. The propose~ use is properly one for which a conditional use permit is authori~ed by the Anaheim Municipal Code. 2. The propose~ use will not adversely affect the adjoining land uses and the gro~h and development of the area in which it is proposed to be loc~ted. 3. The size an~ shape of the site proposed for the use is . adequate to allow thei full development of the proposed use in a manner not detrimenta~ to the particular,area nor to the peace, health, safety and general w~lfare. 4. The traffic'generated by the proposed use will not im- pose an undue burden ~on the streets and highways designed and improved to carry the' traffic in the area. 5. The granting of the conditional use permit under the conditions imposed wi~l not be detrimental to the peace, health, safety and general we~fare of the citizens of the City of Anaheim. .~ NOW, THEREFPRE, BE IT RESOLVED by the City Council of the City of Anaheim t~t the action of the City Planning Commission ~ranting. in part,sai~ conditional use permit be, and the same is ereby, modified and: that Conditional Use Permit No. 18g8 be, and the same is hereb~, granted permitting an outdoor storage con- struction yard on the aforedescribed property with a waiver of the following provisions of the Anaheim Municipal Code: --2- ATTY-26 (Page 2 of 2 Pages) I'" -. SECTION 18.04.043.102 Maximum fence height. (42 inches permitted in required setback; 6 feet existing) SECTION 18.44.064.010 Minimum landscaping. (3 feet required adjacent to street; none eXisting) .~. SECTION 18.44.064.011 Required site screening. (6 foot high block wall required; none proposed) that said conditione,l use permit is granted subject to the fOllowing condition&: 1. That stre~t lighting facilities along Sequoia and La Palma Avenues shall be installed prior to the final building and zoning inspections }1nless otherwise approved by the Director of Public Utilities, afld in accordance with standard specifications on file in the Offi~e of the Director of Public Utilities; and/or that a bond, certif~cate 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 that the above improvements w~ll' be installed prior to occupancy. 2. That the owners of subject property shall submit a letter requesting t~rmination of Conditional Use Permit No. 689. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Ekhibit No.1; provided, however, that: a. a minimum three (3) foot wide landscaped planter shall be installed la.nd maintained adjacent to Sequoia Avenue; b. a si~ (6) foot high block wall shall be constructed behind said three (3) foot landscaped area, which wall shall ex- tend around the corner to the westerly side to effectively screen the storage area from public view; and 4. That on site. f.............. 5. That 6. That ance with City c. a visually effective landscape screen consisting of Italian Cypress and/or oleanders (or some other appropriate plants approved by the Planning Department) shall be provided along the north property line adjacent to La Palma Avenue. no combustible materials or fuels shall be stored all employee parking shall be on site at all times. a drtlveway approach shall be constructed in accord- Standards to provide access to the property. -3- L I ( r" """ ----. 7. That all of the aforementioned Condition Nos. 1 through 6 shall be complied with within a period of ninety (90) days from the date hereof or such further time as the City Council may grant. BE IT FURWHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGPING RESOLUTION is appro.ved and adopted by the City Council of the City of Anaheim this 19th day of December, 1978. ATTEST: /' JLW:fm ~ -4- d;glJ ( !!to']" . ;:tf1.s~ -' ~D e r" ,.-... ! . i ! ! ~' STATE'F CALIFOUIA. ) COONft.OF ORANGE ) CI'lY OF ANAHEIM ) } , '/~ as. ~eL;::./.~S:~::;~.l....'.t.~~::..~.tj~R~:l.~h:.';.i~~t~~d.~e~.d :~o;;~..~b~. tc:r;~~.rat meet_ ~rovidei by law, of tple City CClluncilof fhe City. of Anaheim held on the 19t:h 'day-~of" becember~ ~f 1"8, by the. following vote of the members thereof: AYES: COUNCIL MEMBERS : <tverholt, Kaywood, Kott, Roth and Seytll)ur i NOES: COUNCIL MEMBERS: 'one ABSENT: COUNCIL MEMBERS: ~ne AND I FURTHER CERTIFY that ~be Mayor .of the City of Anahe~ signed said Resolution No. 78R...810 on ~e19th day. of December, 1978. IN WI'lNESSWHEREOF, I have.~ereunto set my han.d and . affixed the seal of the City of Anaheim thiS 19th d~Y .of December, 1978. CI~!~~RIM (SEAL) I, LHDA D. BERTS, City ~rk of the City of Anaheim, the foregoing is the origi '1 of Resolution No. 78R-810 by the Anaheim City Councion Decemb~r 19, 1978. do hereby certify that duly passed and adopted ~1~J:;~ . CITY CL .~ I