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PC 78-251i RESOLUTIO~d N0. PL78-251 A RESOLUTION OF THE ANAHEIM LITY PLANt11NG COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT M0. 1898 BE GRANTED, IN PAfiT WHEREAS, the Anaheim City Planning Canmission did receive a vcrified Petition for Conditlonal Use Permit from HOWARD AND JEAN GARBER, HAROLD S. AND BETTY H. PROTTAS, 2008 East Llncoln Avenue, Anahetm, Californta 92806. owners, and TMOMAS C. COCHRAN, 2325 Sequola Street, Anaheim, Califorreta, 92801, agent, agent, of certain real oroperty situated 1n the City of Anafieim, County of Oran9e, State of California~ described as: TffOSE PORTIONS OF LOTS 35 and 36 OF TRACT 1161 IN THE CITY OF ANAIIEIM, COU~~TY OF ORANGE, STATE OF CALIFORNIA, AS SHONN ON MAP RECORDED IN BOOK 36, PAGES 45 and 4G OF MISCELLANEOUS MAPS. IN THE OFFILE OF THE COUNTY RECORDER OF SAID LOUNTY; A~ID THOSE PORTIONS OF LOTS 189, 190 and 191 OF TRACT 1202 It7 TNE COUtITY OF ORANGE, STATE OF CAIiFORNIA, AS SIi01dW ON MAP RELORDED IN BOOK 37. PAGES 27 AND 23 OF NISLELLANEOUS HAPS, IN THE OFFiCE OF THE GOUPITY RECORDER OF SAID COUNTY, HORE PARTICULARLY DESCRIBED AS A 11HOLE AS FOLLOWS: BEGINNI4G AT THE SOUTHWESTERLY CORNER OF SAID LOT 35; THE~ILE EASTERLY ALONG THE SOUTNERLY LINE Of SAID LOTS 35, 36, 1E9, 190 AND lA1 A DISTANCE OF 365.TE FEET; THEHCE lJESTERLY IN A DIRECT LINE TO A POINT tN THE WESTERLY LI~~E OF SAID LOT 35, DISTANT f~OP,THERLY THE~lCE 85.09 FEET FROM SAID SOUTNWESTEP.LY CORNER; THENCE SOUTNERLY ALONG SAID 4fESTERLY LIt~L 85.09 FEET TO THE P01~lT Of BEGINNtNG. WIIEREAS, the City Plannfng Conmission did schedule a public hearing at the City Hall in the City of Anaheim on October 23, 1978, at 1:30 p.m,~ noCice of said public hearfng having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1$.03, to iiear and consider evldence for and against said proposed condtttonal use and to investigace and make findinys and recanmenda[ions in con~ection therewith; said public nearing having been continued to the Planning Commission meeting of November 6, 1973; and WHERE/15, safd Commission, after due inspection, Investigation and study made by itself and In its behalf, and after due consideratton o` atl evTdence and reports offered at said hearing, does ft~d and determine the follow(ng facts: i. That the proposed use ls properly one for which a conditionat use permit is authorized by Anahetm Hunictpal Cocie Section tE.03.030.010 to wtt: To permit an ou[door construction storage yard in the "CL" (Commerctal, Limited) Zone with waivers of: (a) SECTION 18.04.043.102 - Maximum fence hel ht. ~2 lnches perm [ted in requtred setback; 6 eet ex sttng) (b) SEC1'ION 18.44,n64.010 - Ml~tmum landsca in~. 3 eet required adJacent to street; none existtng) PC73-251 ~ (t) SECTION 18.44.064.011 - Requtrcd site screening. oot high block wali requlred; none proposed) 2, That the aforementioned walvers are hcreby denled on the basis that the proper[y abuts a local s[reet where all the propert(es on the opposite side are zoned for single-famlly residentlal use and no provisfon fs bef~g made for the protection of the residentia! uses in the Immediaie vicinity, and that the existing Illegal use has resulted in adverse impacts on the surrounding area causing parking problems on the resldential street and creati~g an unslghtly view of the outdoor s[orage area. 3. That the proposed use fs hereby granted, wi[hout waivers, subject Lo the following conditions which must be complied with within 90 days. a. That no combustible materials shall bc stored on site. b. That a minimum 3-foot wtde landscaped planter shall be installed and maintained adJacent to Sequota Avenue. c. That a 6-foot high block Natl shall be constructed behind the 3-foot landscaped area adjacent to Sequoia Avenue. d, Thai all employee parking shatl be on site. e. That visuatly effiective landscape screening (Itallan Cypress. oelande~s, etc.) shal) be provided along the north property line to screen the outdoor storage area from traffic on La Palma Avenue. f. That no materials shall be stored any higher than the enclosing fence. 4. That the proposed use, as gra~[ed, will not adversely affec[ the adJolning land uses and the 9rowth and development of the area ln which it is propased to be located. S. Thac che stze and shape of the slte proposed for the use. as granted, Is adequa[e to altow the full development of the proposed use in a manner noc detrimental to the parttcular area nor to the peace~ health, safety, and general welfare of the Citize~s of the City of Anahelm, 6. That thc Conditional Use Permit. as granted, and under the conditions impostd, wlll not be detrimental [o the peace, health, safety and general welfare of the Cittzens of the City of Anaheim. 7. 7hat seven persons indicated thetr presencE at said public hearing Tn opposition; and a peti[ton containing approximately 10 sTgnatures was submitted fn opposition; and a petition containtng approximately 7 signatures was submttted tn favor of the request; and that no further correxpondence was receTved in appositTon to the SubJect petTtio~. ENVIRONMENTAL IM?ACT FINOING: That the AnaheTm City PlannTng Commission has reviewed the proposal to permit an outdoor constructlo~ storage yard on an Irregularly•shaped parcel of land consfstl~g of approxtmatety 0.3 acre~ having a frontage of approximately 365 feet on the north side of Sequola Avenuc. having a maximum depth of approximately 85 feet, being loca;ed approximately 244 feet south of the centerllne of La Palma Avenue; and does hereby approve the Negative Declaration -2- PC78-251 from the requTrement to prepare an environmenta) impact report on thc basis [hat therc Hould be no slgnlficant individual or cumulative adverse environmentai impact due to the approval of this Negai:ve Oeclaration slnce the Anahelm Gereral Plan designates the subJect property for low-density residentlai and general commerclal land uses cormnensurate with the proposai; that ~o sensitive envlronmental lmpacts are involved in the proposal; tha[ the Inittal Study submittcd by the petitioner lndicates no slgnificant individuai or cumulative adverse e~vironmental lmpacts; and Chat the Negative ~eclaration substantiating the foregoln9 ftndings is on file in the Ctty of Anaheim Planning Department. NOW~ THEREFdRE~ BE IT RESOLVED that the Anaheim City Planning Cr~nnission does hereby grant, In pari, subject Petition for Condlt{onal Use °ermit, upon the following condltlons which are hereby found to be a necessary prerequ(site to the proposed use of the subJect property in order to preserve [he SaFety and general welfare of the Citizens of the Cliy of Anahelm: i, That street llghting faciltties along Sequoia and La Paima Avenues shall be installed prior to the final buildi~g and zoning inspectlons unless otherwise approved by the Oirector of P~blic Utilitles, a~d in accord~nce with standard specifications on file in [he Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, istter of credit, or cash. in an amount and form sa[isfactcry to the City of Anaheim shall be posted wi[h the Lity to guarantee tha[ the above Improvements will be installed prior to occupancy. 2. That the owner(s) of subject property shall submi[ a letier requesting terminat(on of Conditional Use Permit No. 689. 3. That subJect property shall be developed substantlally in accordance with plans and specifica[ions nn flle with the City of Anaheim marked Exhibit No. i; provided, however, thai: a, a minimum 3-foot wfde landscaped plantsr shall bc instailed and malntained adJacent to Sequoia Avenue; b, a 6-foot high block wall shail be canstructed behind sald 3-foot landscaped area, a~d; c, a visually effective landscape screen consisting of I[alian Cypress and/or oleanders (or some other approprlate piants approved by the Plannin9 Department) shall be provided along the north property line adjacent Lo La Palma Avenue. 4, That no combusttble materials shall be stored on site. 5. That all elnployee parking shall be on site at all times. 6. That all of the aforemenctoned Co~dltion Nos. 1 through 5 shall be complled with Nithin a period of ninety (9~) days from the date hereof or such further time as the Plan~tng Commission may gran[. BE IT FURTHER RESOLVED that thc Anaheim Ctty Planning tanmissi~n does hereby find and determin~ that adoption of chis Resolution is expressly predtcated upon applican['s compllance with each and all of Lhe conditlons hereinabove set forth. Should any such condltlon, o~ any part thereof, be declared invatid or unenforceable -3- PC78-251 by the final Judgment of any court of competent JurTsdictton. then this Resolution, and any approvals heretn contained, shall bc deemed nui) and vofd. THE FOREGOING RESULUTION is sign d and approved by me this 6th day of November, 1978• A MAN, A1 M C T PIANNING CONMISSION ATTEST: SECRETARY, AtlANEIM CITY PLANNING COMNISSI~t~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C~TY OF ANAHEIM ) I~ Edith L. Harris. Secre[ary of the Anahelm City Planntng CommTssion, do hereby certify that the foregoing resolution was passed and adopted at a meecing of the Anahelm City Plann(ng Commisslon held on November 6, 1978, at 1:30 P.m.~ by the followTng vote of the members thereof: AYES: COMMISSIONERS: BAP,NES~ BUSNORE, DAVID, HERBST, KING, M1OES: COMMISSIONERS: hONE ABSENT: COHHtSSI0NER5: JOHHSON~ TOLAR IN WITNESS 4MEREOF. I have hereunto set my hand thTs 6th day of November, 1978. ~~ ,~° ~_ SECRETARY, ANANEIH CITY PLANNING COMMISSIUN -~- PC78-251