PC 80-115RESOLUTION NO, PC80 -115
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2089 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from GERARD LAVELLE WERNER, AS TRUSTEE OF THE
GERARD L. WERNER AND LOIS BERNICE WERNER 1976 TRUSTS, 61 Cambria Drive, Corona del
Mar, California 92625, owners, and L. M. WERNER, WERNER CORPORATION, 201 East
Commercial Street, Anaheim, California 92801, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
The Northeast quarter of the Northeast quarter of the Southwest
quarter of Section 3, Township 4 South, Range 10 West, in the
Rancho San Juan Cajon De Santa Ana, City of Anaheim, County of
Orange, State of California, as shown on a map thereof recorded in
book 51, page 10 of Miscellaneous Maps, records of said Orange
County. EXCEPTING THEREFROM the Southerly 22 feet thereof, as
conveyed to the City of Anaheim for street purposes by deed
recorded March 10, 1939 in book 981, page 510 of Official Records.
ALSO EXCEPTING THEREFROM that portion thereof described as
beginning at the intersection of the Northerly line of said
Northeast quarter with a line parallel with and Easterly 322 feet
measured at right angles, from the Westerly line of said Northeast
quarter of the Northeast quarter of the Southwest quarter and
running thence South 89° 36'48" East, along said Northerly line,
343.21 feet to the Northeast corner of the Southwest quarter of
said Section 3; thence South 0 °21'16" West, along the East line
of said Southwest quarter 450.75 feet; thence North 89 38'44"
West 30 feet; thence North 19° 23'33" West 82.87 feet; thence
North 59 ° 54'04" West 48.37 feet; thence North 82° 12'21" West
254.40 feet to a point on said parallel line, Southerly 317.17
feet from the point of beginning; thence Northerly 317.17 feet
along said parallel line, to the point of beginning, conveyed to
the State of California by deed recorded August 21, 1956 in book
3618, page 371 of Official Records, and by deed recorded March 28,
1958 in book 4241, page 14, Official Records. ALSO EXCEPTING
THEREFROM that portion thereof described as beginning at the
Northwest corner of the Westerly 322 feet of said Northeast
quarter and running thence Easterly along the Northerly line of
said Westerly 322 feet to the Easterly line of said Westerly 322
feet; thence Southerly, along said Easterly line, 317.17 feet;
thence Westerly in a direct line to a point in the Westerly line
of said Westerly 322 feet; distant Southerly along said Westerly
line, 275.31 feet from said point of beginning; thence Northerly,
along said Westerly line, 275.31 feet to said point of beginning,
as condemned by the State of California for freeway purposes, by
decree recorded December 12, 1958 in book 4514, page 309, Official
Records. ALSO EXCEPTING THEREFROM all that portion lying Easterly
of the Easterly line of the Westerly 322 feet of said Northeast
quarter of the Northeast quarter of the Southwest quarter.
PC80 -115
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on July 14, 1980, 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 Municipal Code, Chapter 18,03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and 'reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.63.050.110 to wit: to
expand an existing concrete batching facility and operation with waivers of:
(a) SECTION 18.63.063.011 — Minimum landscaped setback.
(50 feet required along Commercial Street;
377a — proposed)
(b) SECTION 18.63.068.030 - Required enclosure of outdoor uses.
(site screening required;
none proposed)
2. That the proposed use is granted and that the proposed waiver (a) is
hereby granted on the basis that denial would deprive subject property of a privilege
being enjoyed by other properties in the same zone and vicinity and classification.
3. The proposed waiver (b) is hereby granted on the basis that the
petitioner stipulated to improve the chainlink fence on the south (Commercial Street)
and east property lines with redwood slatting in conformance with Code requirements
and on the basis that denial would deprive subject property of a privilege being
enjoyed by other properties in the same zone and vicinity and classification.
4. 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.
5. That the size and shape of the site proposed for the use Is adequate to
allow the full development of the proposed 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.
6. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit the expansion of an existing concrete batching
facility and operation with waivers of minimum landscaped setback and required
enclosure of outdoor uses on an irregularly-shaped parcel of land consisting of
approximately 2.69 acres, having a frontage of approximately 322 feet on the north
side of Commercial Street, having a maximum depth of approximately 335 feet and being
located approximately 335 feet west of the center line of Patt Street; and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental Impact report on the basis that there would be no significant
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 land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file In the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
Commercial Street.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. That fire hydrants shall 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 drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for industrial buildings prior to the issuance of a building permit.
6. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 5; provided, however, that redwood slats shall be interwoven in the chainlink
fence along the south (Commercial Street) and east property lines.
7. That Condition No. 1, above - mentioned, shall be complied with prior to
the commencement of the activity authorized under this resolution, or prior to the
time that 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 Commission may
grant.
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PC80 -115
8. That Condition Nos. 2, 4 and 6, above- mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court 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 14th day of July,
198
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
AYES: COMMISSIONERS: BARNES, BUSHORE, FRY, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
VACANCY: ONE SEAT
( t
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 14, 1980, by the following vote of
the members thereof:
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of July, 1980.
(e dpi, ei4/L4-a-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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