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PC 78-50 RESOLUTION N0. PC78-50 A RESOLUTION OF THE A~~AHEIM CITY PLANNIt~G COPiMI55ION TNAT PETITION FOR CONDITIONAL USE PERMIT N0. 1809 BE GRANTED WHEREAS, the Anaheim City Planntng Canmtsston did receive a verified Petttion for Conditional Use Permit from SOUTNERN CALIFORMIA EDISON COMPANY~ P. 0. Box 2307, Santa Ana, California 92707, owner, a~d ROBERT P. SMYTNE, JR., 5265 f'ranklin Circle, Westminster, Lalifornia 92~83, agen[, of certain real property situated in the City of Anaheim, Coun[y of Orange, State of California, described as: That portion of the southerly 175 feet of Lot 20 of Tract No. 190, as per map recorded in 9ook 23, page 50 of Miscellaneous Haps, in the office of the Coun[y Recorder of said County, lying east of the east line of Clementine Street and westerty of che westerly line of the Santa Ana Freeway. WHEREAS, the City Planning Commission did hold a public hearing at the City Mall in the City of Anaheim on March T3, 1978, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in ~ccordance wlth the provistons of the Anaheim Municipal Code, Chapter 18.03, [o hear and consider evidence for and against said proposed conditional use and to investigate and make findings and recommendations in connection therewith; and 41HEREAS. said Commission, after due inspeccion, investigation and study made by itself and in its behalf, and after due constderation of all evidence and reports offered at said hearing, does find and determine the following fac[s: 1. That the proposed use is property one for which a conditional use permit is authorized by Anaheim Municipal Code Sectior. 18.b3.03~.010 to wit: to pernit a wholesale nursery wtth a wa(ver of: SECTIOt! 18,04.043.101 - Maximum fence hetaht. (42 inches pcrmitted; 6 feet proposed) 2. That the proposed use is hereby granted, subJecL to review by the Planiiing Commission at the end of a ftve (5) year perlod to determtnc whe[her the use has been detrimental to the surrounding commerctal-recreattonal area. 3. That the aforementioned waiver is hereby granted on the basis that a higher fence than permitted by Code is necessary for security purposes and the proposed use (growing of trees and shrubbery) -rould be higher than the fence; and that the proposed use is granted subJect to time limitations. !F. That the petitioner stiputated to provtding a mtnimum three (3) f~t wide landscaped setback along Clementine Street a~d Freedman Way. 5. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which It is proposed to be located because i[ is located in a powerline easement and Is subJect to a time limitation; and that petittoner's testimony at the pubiic hearing Indicates that maJority o` the trees and shrubbery grown an the site will be used by the petitioner in hTs bustness as a lartdscape contractor with ltttle or no retail sales. PC78-50 ~ • i i 6. That the size and shape of the site proposed for the use which is directly under Southern Laltfornia Edison Power Lines is adequate to allow the full development of the pre~o~ed use in a manner not detrimental to the particular area nor to the peace, health. safety and general welfare of the citizens of the City of Anaheim. 7. That the granting of the Conditlonal Use Permit under the condttlons imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Cittzens of the City of Anafieim. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to eRe subJect petitlon. E~~VIRONMENTpL IMPACT FINDING: The Planning Director or his authortzed representative has dete~mined that the propased project falls withtn the definiCion of Categorical Exemptions. Classes 1 and 4~ as defined in Paragraph 2 oP the City of Anaheim Environmental Impact Repor[ Cuidelines and is. therefore, categoricatly exempt from [he requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Londittonal Jse Permit, upon the following conditions which are hereby found to be a necessary prerequisite to [he proposed use of the subject property In order to prescrve the safety and general welfare of the Cttizens of ihe Clty of Anaheim: 1. That [rash storage areas shall be provided in accordance with approved plans on file wlth the Office of the Director of Public Works. 2. Tha[ subject property shall be developed substantially in accardance with plans and specifTcations on file with [he Ctty of Anaheim marked Exhibit No. 1. TNE FOREGOING RESOLUTION ts signed anr! approved by me this 13th day of March, 1978, ATTEST: ! (/`~ ~~Cr'~~ CHAIRHAN. ANAHEIM CITY PLANNING CO'1!11SS~ON ~~- ~° ~~:., °~ECRETARY~ ANAHEIM CITY PLA~~NlNG COMMISSION -2- PC78-50 ~} ~ ~.^~ STATE OF CALIFORF~IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris. Secretary of the Anaheim Clty Planning Commission, do hereby certtfy that thc foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission hel~f on March 13, 1978, at 1:30 p.m „ by the following vote of the members thcreof: AYES: CD!1MISSIONERS: BARNES. DAVID, HERBST. KING~ LINN~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISStONERS: JOHNSON 1978. IN 111TNE55 WHEREOF, I have hereunto set my hand this 13th day of March, ~ ~ ~ ~~ SECRE ARY, ANAHEIM CiTY PLANNIt:G COMHISSION -3- PC78-5o