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PC 78-126RESOLUTION N0. PC78-126 A RESOLUTION OF THE ANAHEIM CITY PLANNIPJG LOMMISSION THAT PETITION FOR CONDITIONAL USE PERNIT N0. 1850 BE GRANTED WNEREAS, the Anaheim City Planning Commission dtd receive a vertfted Peti[ion for Conditional Use Permit from STEVEN RAY PITTNAN ANO OTTIS F, AND ELINOR D. PITTHAN, 1401 Horth Jefferson Street, Anaheim, California 92807, owners, of certain real property situated in the Ci[y of Anaheim, County of Orange, State of Lalifornia~ described as: That portion of Lot 35 of Hazard's Subdivision as snown on amended Map of Richfield filed in Book 1, page 26 of Record of Surveys in the office of the Coun[y Recorder of Orange County, California described as follows: Beginning at a pnint 256.23 feet Nor[h of the Southeast quarter of said Lot 35: thence Northerly along the Easterly boundary line of said Lot 35, 256.24 feet; thence Nesterly, parallet to the Southerly line of said Lot 35. 850 feet; thence Southerly parallel to the Easierly boundary linc of said Lot 35. 256.24 feet; thence Easterly 850 feet to the point of beginning. WHEREAS, the Lity Planning Lommission did h Hall in the City of Anaheim on June 5, 1978, at 1:30 hearing having been duly given as required by provisions of the Anaheim Municipal Code, Chapter evidence for and against said proposed conditional findings and recommendations in connection therewich; ~ld a pu611c heartng at the City p.m., notice of said public IaN and in accordance with the 13.03, to hcar and consider usc and to fnvestigate and make and WHEREAS, said Lommission, after duc fnspection, invescigation and study made by itself and fn (ts behalf, and af[er due consicferation of aii evidence and repo~[s offered at said hearing. does find and de[ermine the following facts: 1. That the proposed use is properly one for whtch a conditional use permlt is authorized by Anaheim Municipal Code Secttons 18.61.040 and 18. 61,050.507, to permtt a private cat kennel and maintenance and storage yard fnr heavy equipment in the ML Zone, with waiver of: SEGTION 18.61.020 - Permitted structures Mobl e units not permitted) 2. That the proposed use is hereby granted for a five-year period~ subJect to revtew and consideration of extensions of tlme [o determtne whether the use has had a detrimental effect on the surrounding lndustria! area. 3. That the requested waiver is hereby granted subJect to the conditlons that the temporary mobile units bei~g used for storage wlll be removed from the PC78-126 property as soon as the property is developed; that satd mobile units are granted for a five-year period, subject to revtew and consideration of extenstons of time to determTne whether the untts have had a detrimentai effect on the surrounding industrial area; and~ furthermore, thaL the appropriate permits will be acquired by the petitloner for the mobile unfts, in accordance with all applicable Munlcipal Code requirements. 4. Tnat the proposed use will not adversely affect the adJoining land uses and the growth and development of the area in .~hich i[ (s proposed to be tocated. 5. That the size and shape of the site proposed for the use is adequate to allow the full developmeni of the proposed use in a manner not detrimen[al to the particular area nor to the peace, health, safe[y, and general welfare af the Citizens of the Ciiy of Anaheim. 6. That :he granting of the Conditional Use Permit under [he conditions imposed, if any, will not be detrimental [o [he pcace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. 7hat no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL INPACT FINDING: The Planning Oirector or his authortzed representat ve has determfned that the proposed proJecc falls within the definition of Categorical Exempttons~ Classes 1 and 3, as defined in paragraph 2 of the Ctty of Anaheim Environmental Impact Report Guidelines and is, [herefore, ca[egoricalty exempt from the requiranent [o filc an EIR. NOW~ THEREF~RE, BE IT RESOLVED that the Anaheim Clty Planning CommissTon does hereby grant subject Petttion for Condi[ional Use Permit, upon the following conditions which are hereby found fo be a necessary prereauisite to the proposed use of thc subJect property in order to preserve the safecy and general weifare of the Citizens of the City of Anaheim: 1. That all engineering requirements of the City of Anaheim along Jef~ers,~n Street inciuding preparation of improvemeni plans and tnstallation of all impro~ements such as curbs and gutters, sideNalks, street grading and paving~ drainage facilities or other appurtenant work, shall be complied with as requlred by the City Engineer and in accordance with standard plans and spectfications on file in the Office of the City E~gineer; that street lighting facilities along Jefferson Street shall be installed prTor to final building and zontng inspections unless otherwise approved by the Director of Public Utitities, and in accordance wlth standard spectfications on file in the Office of the Dlrector of Public U[ilities; and/or that a bond~ certiftcate of deposit, letter of credit, or cash~ in an amount and form satisfactary to the City of Anaheim shall be posted with the City to 9uarantee the tnstaltatlon of the above-mentioned requlrements. 2. That trash storage areas shall be p~ovided in accordance with approved plans on file with the Office of the Director of Pub1lc Works. -2- PC78-t26 3. That fire hydrants shalt be installed and charged as required and determined to be necessary by the Chief of the fire Department prior to commencement of structural framing. 4. That subject property shall be served by underground uttlities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engirteer. 6. That the owncr(s) of subJect property shall pay appropriate drainage assessment fees to the Ci[y of Anaheim as determined by the City Engineer prior to the issuance of a butlding permit. 7. That the existing structure shall be brought up to the mintmum standards of che Lity of Anaheim, including the Uniform Building~ Plumbing, Electrical, Mechanical and fire Codes as adopted by the City of Anahelm Nithin a periad of 30 days from date hereof. 8. That appropriate watcr assessment fees as determined by the Director of Public Utilttles shall be patd to the City of Anaheim prior to the issuance of a building permlt. 9. That subject property shall be developed substantially (n accordance with plans and specifications on file wtth the Ctty of Anaheim marked Exhlbit No. 1. 10. That Conditio~ No. 1~ above-menttoned, shall bc complied with prior to the commencement of the activity authorized under this resotutlon, or prior to the time [hat [he building pcrmit is issued, or within a period of one year from date hereof~ whichever occurs firsi, or such furtFier time as the Pla~ning Commissto~ may grant. 11. That Conditton Nos. 2, 4, 5 and 9, above-mcnitoned~ shall be campTied alth prlor to fina) buildi~g and zoning inspecrions. 12. Tha[ the proposed use and the requested waiver are gra~ted for a five- year period, subJect to review and considera[ion of extensions of time upon written request by the petitioner to detcrmine whether the uses have had a detrimental effect on Che surrounding industrial area. BE IT FURTHER RESOLVED that the Anaheim CTty Planning Corrmission does hereby ftnd and determine that adoption of this Resolution is expressly predicated upon applicant's canpliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared Tnvalld or unenforceable by the final Judgmen[ of any court of competent Jurtsdictton, then this Resolution~ and any approvals herein contained~ shall be deemed null and void. -3- PC78-126 THE FOREGOING RESOLUTION is signed and approved by me this Sth day of June 1978. ~~ili~ ~A/ /~' ~i3~_ LHAI N N, ~IAHEIH CI~Y LANt ING CONtiIS510N ATTEST: SECRETARY, ANAfiEIM CITY PLANNIhG COMMISSION STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEI~I ) I. Edith L. Harris, Secretary of the Anaheim City Planning Commtssion, do hereby certify that the foregoing resolutlon was passed and adopted a[ a meettn9 nf [he Anaheim City Planning Commission held on June 5, 1978, at 1:30 p.m.~ by the following vote of [he members thereof: AYES: COMM15510NER5: BARNES. DAYID, HER9ST, JONNSON, KIftG NOES: COMMISSIONERS: NONE ABSE!i7: COHHISSIONERS: NOt~E ABSTAIN: COMMISSIOWERS: LINN, TOLAR IN NITNE55 WHEREOF, 1 have hereunto se[ my hand this 5th day of June, 1978• ~~ .!° i~a•w~. ~E RE AR , ANAHE M CITY PLANNING COMMISSION -l~- PC78-125