Loading...
PC 78-214RESOLUTIOf! N0. PC78-214 A RESOLUTIOtd OF TtiE ANAHEIH CITY PLANNIWG LOMMISSION THAT PETITION FOR CONDITIONAL USE PERHIT N0. 1867 BE GRANTED WHEREAS, the Anaheim City Planning Commisslon dtd receive a vcrtfied Pe[ition for Conditional Use Permft from LhZARE F, BERt~ARD, 1A00 Avenue of thc Stars, Los Angeles, Catifornia, g0067, rnaner~ and JOSEPH H. DOYLE~ 143?. West Beveriy Drive, Anahelm, Califarnia 92801, agent, of cer[ain real property si[uated in the City of Anaheim, Caunty of Orange, State of California, described as: THE WESTERLY 170.OQ FEET OF THE SOUTHERLY 195.00 FEET OF THE SOUTHNEST QUARTER OF THE NORTf1EAST QUARTER OF THE NORTHWEST QUARTEP. OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN TFiE RANLHO SAN JUAN CAJON DE SANTA A~lA, IN TNE CITY OF A'lAHEIH, COUNTY OF ORANGE, STATE OF LALIFRONIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISLELLANEOUS MAPS, 1~1 THE OFFICE OF THE COUNTY RECORDER OF SRIO COUIJTY. SAID LANO IS A PORTION OF LOT 7 OF THE HELEN b LYNCH SUBDIVISIOtl, AS PER HJ~P RECORDED IN BOOK 442 PAGE 158 OF DEEDS, Ii~ THE OFFICE OF THE LOU~ITY RECORDER OF LOS A~lGELES COUMTY, CALIFORflIA. PORTION OF SAID LANO IS SHONtt AS PARCEL 1 ON A PARCEL MAP FILED IN BOOY, 22, PAGE 10 Of PARCEL MAPS, IN THE OFFICE OF THE COUt~TY RECORDEP. Of SAID COUIITY. WHE„EAS~ the City Planning CormissTon did hold a pubtic hearin9 at the City Hall in the Clty of Anaheim on September 11, 1?79, ai 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 Lode, Chapter 1II.03~ to hear and consider evtdence for and against said proposed conditionai use and to invest(gate and make findings and recommendations in connection therewith; and WHEREAS, said Cor.misslon, aftcr due inspcction, investigation and study made by itself and in its behalf, and after due consideratton of all evidence and reports offered at said hearing, does `ind and deiermine the followtng Facts: 1. That the proposed use is properly one for which a conditional use permii fs authorized by Anaheim Hunicipal Code Section 18.G1.450.5~6 to wit: to permit a used automobile storage and impound yard wi[h a waiver of: ~, (a) SECTION 18.61.064.020 - Maximum fence helqht 2-1 2 eet pcrmitted; 6 feet exEs-ti~- (b) SECTIONS 18.61.063.OSQ - Permit[ed encroachment into required -- a~a~~3~f setback. outdoor s[orage not permitted; outdoor storage of vehicles proposed) 2. That the proposed ~se ts hereby granted for a one yea~ pertod subject Lo review and consideratfon by the Planning Commission for possible extenslons of time upon written request from the petttioner since the originat use as a storage yard for new automabiles at this location created adverse noise and dust conditions for the surrounding area. PC78-2i4 i ' 3. That the proposed use is hereby granted subJect to the following conditions: a. That the entire arca shall be paved with asphal[ to prevent dust. b. That the exlsting dead landscapfng in the requlred 10-foot wide landscaped area aJJacent to 6roadway and 5-foot a~idc landscaped area adJacent to Loara Street shall be replaced with dense landscaping a~d sprinkler systems for proper maintenance. c. That redwood slats shall be installed in the existing chain Itnk gates. d, That there wfll he no stacking of vehicles higher than the 6 foot high wall. e. That the hours of operation shall be resCricted [0 8:00 a.m, to 10:00 p.m, daTly. 4. Tha[ the requested waivers, (a) and (b), are hereby granted on the basis that che 6-foot high a,ail is existing and ts necessary to protect the use from theft and vandalism and to screen the outdoor storage area fran the vieN of the surrounding properties. 5. Tha[ the proposed use will noi adversely affec[ [hc adJoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape o` the stte proposed for the use ts adequate to allow the full development of Che proposed usc in a manner not de[rimental [o the particular area nor to the peacr_, health, safety, and general welfare of the Citizens of ihe City of Anaheim. 7. That the granting of the Condttional Use Permtt undcr the conditions imposed, if any, Will no[ be detrimental to the peace, health, safety and genera) welfare of the Citizens of the Clty of Anaheim. 8. That one person indicated thelr presence at said public hearing in opposftion; and [hat no correspondence was recelved in opposition to the subJect petition. EIIVIRONMENTAL IMPACT FINDIN~: Thai the Anaheim Lity Planning Commisslon has reviewed the proposal [o permit a used automoblle storage and impound yard with waivers of r.iaximum fence height and permitted encroacfxnent into required setback on a rectangularly-shaped parcelof land consisting of approximately 0.5 acre loca[ed at the northeast corner of 8roadway and Loara Street. having approximate fror.tages of 137 feet on Che north side of Broadway and 150 feet on the east side of Loara Street; and does hereby approve the Negative Declaratton from [he requirement to prepare an environmental impact report on the basis that there would be no slgnificant indivldual or cumulative adverse environmental impact due to the approval of thls Negative Declaration since the Anahelm General Plan desi9nates the subJect property for general industrial land uses commensurate wich the proposal; that no sensiti~e envlronmental impacts are involved in the proposal; that the Initlal Study submltted by the petitioner indicates no significant individual or cumulative ad'verse envtronmental lmpacts; and that the Negaitve Deciaration subst~ntiacing the foregotng ftndings is on file i~ the City of Anaheim Planning Department. -2- PC78-21~ ~ % N041, THEREFOP.E, BE IT RESOLVED that the Anahcim Ctty Planning Commission does h~reby grant subJect Petitton for Conditionai Use Permit, upon the follrnring conditions which are hereby found to be a necessary prerequlsite [o the proposed use of the subJect property In order to preserve the safety and 9eneral welfare of the Citizens of the City of Anaheim: 1. That street lighting facilittes along Loara Strect and Broadway shall be installed prior to the f(nal buildin9 and zoning inspecti~~s uniess otherwfse approved by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utiltties; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the Gity of Anahelm shall be posted with the City to guarantee the instailation of the above-mentioned requirements prior to comm~ncement of activities. 2. That the owner(s) of subJect property submit a letter requesting the termination of Variance No. 2545. 3. That subject proper[y shalt be developed subs[antially in accordance with plans and specifications on ffle with the Gity of Anaheim mar{;ed Exhtbit No. 1; provided, however, that the existtng dead landscaping in Lhe required 10-foot wide landscaped area along Broadway and the 5-foot wide tandscaped area daJacent to Loara Street shall be replaced with dense landscaptng and sprinkler system for proper maintenance as stipulated by the petitioner; that redwr~od siats shall be instatled in the existing chain link gates; that [here shall be no stacking of vehicles higher than the G-foot high ~vall; and furthermorc, that the entire area shall be paved with asohalt as stipulated by the petitioner. 4. That Candition No. 1, abovc-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolutio~. or prior to the time [hat the building permit is issued. or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Lommission may grant. 5. That Condition Nos. 1 and 3, above-mentioned, shall be complied with prior tn final b~ilding and zon(ng inspections. BE iT FURTHER RESOLVED that the Anaheim City Planning Commisston does hereby find and determine that adoption of this ResoluCion is expressly predicated upon applicant's cumpliance with each and alt of the conditTons hereinabove set forth. Should any such condition~ or any part thereof, be declared invalid or unenforceable by the final judgment of any c.ourt of competent Jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 11th day of September, 1978. H N~ 'A I ITY PIANNING CONMISS ON ATTEST: Q~ d~, /~~lil~,.. SECRETARY, At1AHEIM CITY PLANNING COMMISSION -3- PC78-2t4 ^ ~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Edith L. NarrTs, Secretary of the Anaheim City Planntng Commission, do hereby certify that the foregotng resolution r~as passed and adopted at a meeting of the Anaheim Clty Planning Commission held on September 11, 1976 at 1:30 p.m.~ by the following voCc of the members thercof: AYES: COMl115510NER5: E3ARNE5, DAVID, HERBST, KING, TOLAR NOES: COHMISSIONERS: NONE ABSENT: COMMISSIONERS: JOHF1504 VACANY: ONE SEAT 1978, IN 4JiTNE55 WHEREOF, I have hereunto set my hand this ilth day of September~ ~~ z° ~~ SECRETARY~ ANAHEIM CITY PLANNIN6 COMMISSION -y- Pc78-2t4