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PC 78-236RESOLUTION N0. PC78-236 A RESOLUTION OF TNE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1894 BE GRANTED, IN PART WHEREAS, the Anaheim City Planntng Commission dtd receive a verTfted Petition for Conditional Use Permit from DENNIS W. AASE. DAVE R. AND SANDRA AASE, 709 East Adete Street, Anaheim, Caiifornia, owners of certain real proper[y situated in the City of Anaheim, County of Orange, 5tate of California, described as: The Easterly 151.92 feet of Block D, of Helmann b Sorrensens Addition buildin9 lots in the Cfty of Anaheim as per map recorded in Book 3 Page 14A of Miscellaneous Records ~f Los Angeles Lounty. WHEREAS, the Lity Planning Commission did hold a public hearing at the City Hall in ihe City of Anaheim on October 9, 1978, 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 Nunicipal Code, Chapter 18,03. to hear and constder evidence for and against said proposed conditional use and Co investiga[e and make findtngs and reco~nendations in connection therew6[h; and NIIEREAS, said Commission, after due inspection. (nvestigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does `ind and determine the following facts: 1. That the proposed use is properly one far which a conditional use permit is authorized by Anaheim Municipal Code Sectlons 18.03.030.010 and 18.61.050.516 to permit an automobile dismantling and retall parts sales facility with waivers of: (a) SECTION 18.61.063.Q13 - Minimum landscaped setback. (5 feet required; none permi[ted) (b) SECTIOt! 18.61.064.020 - MaxTmum fence hei ht. 2-1 2 eet permitted; e~ et proposeJ) 2, That the proposed use is hereby granted for the dismantling and retatl parts sales of Porsche and Audt automobiles only, and subject to the following conditions, as stipulated to by the pe[itioner: a. That minimum five (5) foo[ setbacks shail be provided and that satd setback areas shail be fully maintained with permanent irrtgation factlitfes. b. That eight (8) foot high soiid masonry walis shall be constructed behind the five ~5) foot setbacks along Adele Sireet and Cypress Street PC73-236 frontages (north and south property lines) to fully screen the outdoor storage from passing traffic. c. That eight (8) foot high chatnlink fencing interwoven with redwood slais shall be provided along the railroad rights-of-way on the eas[ (Orange Street) and west property Ilnes to screen the outdoor storage areas. d. That no vehicles or vehicle parts shall be stored outdoors except tn the screened outdoor storage area. e. That no vehicles or vehicle parLs shall be stored at a height hfgher than the eight (8) foot fencing enclosing the outdoor storage area. 3. That waiver (a) is granted, in par[, to allow there to be no landscaped setback along Orange 5treet on the basis that said street is not fmproved for vehicular trafftc and [hat railroad tracks are tocated tn the rl9ht-of-way; bu[ that said waiver ts denied along Adele Street where a landscaped setback must be main[ained because of the passing traffic [a and from ~ea.-by residential areas. 4. That waiver (b) is granted, in part. to ailow constructton of an efght (8) foot high chainlink fence interwoven with redwood slats on the property line along Orange Street on the hasis that said strcet is not improved for vehicular traffic and that railroad tracks are located in the rtaht-of-way; but that said waiver is denied along Adele Street. 5. Tha[ the proposeG use, as granted, will not adversely affect [he adjoining land uses and the 9rrnath and devclopment of the area (n ~hich it is proposed to be located. 6. That the size and shape of thc site proposed for the use, as granted~ is adequate ta allow the full development of the proposed use in a manner not detrl~enLal to the particular area nor to the peace, health, safety. and general welfare of the f,itizens of the City of Anahelm. 7, Tliat the Conditional Use Permit, as granted, and under the conditions imposed, will rnot be detrime~tal to [he peace, health, safety and general welfare of the Citizens of the City of Anahefm. 8. That one person indicated his presence at said public hearing in opposition; and that no correspondence was received in oppositfon to the subJect petition. EHVIROtdMENTAL IMPACT FINDING: That the Anaheim Ci[y Planning Cortmissio~ has reviewed the proposal to permlt an automobile dismantling and retail parts sales facility wi[h walvers of mfnimum landscaped setback and maximum fence helght on a rectangularly-shaped parcel of land consisting of approximately 1.? acres, having approximate frontages of 1$2 feet on the nortFi side of Cypress 5[reeY and 152 feet on the south stde of Adele Street, having a maximum depth of approximately 35s feet. being located approximately 213 feet east of the centerline of Pauline Street; and _Z_ Pc7a-236 does hereby approve the Negative Declaratio~ from [he requlrement to prepare an environmental impact report on the basis that there would be no signiftcant 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 industrial tand uses commensurate with the proposal; that no sensitive environmental impacts are invoived in the proposai; [hat the Infttal Study submitted by the petitioner indicates no stgrtificant individual or cumulative adverse environmen[al impacts; and that the Ne9ative Declara[ion substant+atiny the foregoing fl~dings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Ptanntng Canmission does hereby grant, in part, subject Petttion for Conditionai Use Permit, upo~ the foilowing conditfons which are hereby found to be a necessary prerequisite to the proposed use of the subject property 1~ order to preserve the safety and general welfare of the Citizens of the City of Anahefm: 1. That all engineering requirements of the City af Anaheim along Adele Street and Cypress Street Including preparatton of improv~nent plans and installation of all improvements such as curbs and gutters, sid~walks, street grading and paving, drainage facilities or other appurtenant work, shall be complied witti as required by the Lity Engineer and in accordance wi[h standard plans and specifications on file in the Office of the City Engineer; and/or that a bond, certJficate of deposit, letter of cradic, or cash, in an amount and form satisfactory to the Cfty of Anaheim shall be posted with the City to guarantee that the a6ove mentioned improvements will be constructed prior to occupancy. 2. That [rash storage areas shail be provided in accordance xith approved plans on file with the Office of the Director of Public Works. 3. Tha[ fire hydranfs shall bc Installed and charged as required and determineJ [o be necessary by the Chief of the Fire Department prtor [o cormencement of structural framing. 4, Thac drainage of su6Ject property shall be disaosed of in a manner satisfactory to the Gtty Eng[neer. 5. That subject property shall be developed substantially in accordance with the adopted City Council Metal 6uilding Policy. 6. That the owner(s) shall reques[ and receive approval of tne aban~~on,ent of the extsting 18 foot wide east-west public alley. 7. 7hat [he owner(s) of subject property shatl pay the commercial traffic signal assessment fee (Gouncil Poltcy No. 214) amounting to S180.00 per 1000 square feet of the building or fraction thereof prior to the issuance of a building permit. 8. That subject property shatl be developed substantially in accordance with plans and specifications on file rrith the City of Anahetm marked Exhlbit Nos. 1 and 2; provided, however, that o-foot high solid masonry walls shall be constructed to the rear of the required 5-foo[ wide landscaped setbacks along Cypress and Adele -3- PC78-235 ; ! Streets (south and norCh property !ines); and that the landscaping shali be maintained with permanent irrigatlon facilitics. 9. That Condition Nos. 1 and 6, above-mentloned, shall be complied wi[h prior to the commencement of the activfty authorized under this resolution, or prior to the time that the building permit is issued, or within a pcriod of one year from date hereof, whichever occurs first, or such further time as the Planning Commtssion may grant. 10. That Condition Nos. 2, 4, 5 and 8, above-mentianed, shall be canplied with prior to ftnal building and zoning inspections. il. Thac there shail be no outdoor storage except in the storage area enclosed by the 8-foot high block walls and chainlink fences interwoven with redwood slats and that no stored materials shall be stored a[ a hetght exceedtng the 8-foot htgh enclosing o~alls and fences. BE IT FURTHER RESOLVED that ihe Anaheim City Planning Commission does hereby find and determine that adoption of thls Resolution is expressly predicated upon applicant's compliance w(th each and all of the condt[tons hereinabove set forth. Should any such condition, or any part thereof, be deciared invalid or unenforceable by the final Judgme~t of any court of competent jurisdtction, then this Resolutlon, and any approvais herein contained. shall be deemed null and vold. THE FOREGOING P,ESOLUTIOtt is signcd and approved by me [his ?th day of October, 1g78. ~'""~ !1AN, A f[ , CITY PLANNINf COMMISSION ATTEST: ~.~ ,~° ~,.:, SECRETARY, ANAHEIM CI7Y PLl1NNING CONM15510N 57ATE OF CALIFORNIA ) COUNTY Of ORANG[ ) ss. CITY OF At1ANEIM ) 1, Edi[h L. Narris, Secretary of the Anaheim City Planning Commisslon. do hereby certify that the foregoing resolution was passed and adoRted at a meeting of thc Anaheim City Planning Commission hetd on October 9~ 1978, at ~:3e P.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, HERBST, JOHNSON, KING, TQLAR NOES: COMMISSIONERS: NONE ABSEIyT: COMMISSIONERS: NONE ~978. iN WITNE55 WHEREOF, I havc hereunto set my hand this 9th day of October, `~au~ .s• ~~~~. SECRETARY, ANAHEIM CiTY PLANtlING COMMISSION _y_ PC78-236