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PC 80-67RESOLUTIOP! >a~. PC3~-57 A RESOUJTIO"; OF 'fHE A~IAHE1,1 CITY PLA~IFII'd~ CO~+'tISS10"I THAT PETITI0~1 FOR COhl71TIOt:AL USE PFCPIIT ~~0. 207n uE ~pq~!TFn,~ ~~~ P~.a,T WHERE/1S, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from DF'JMIS C. FRY AND ERltl E. FRY, ET AL, 944 C•ast Concord .4venue, Orange, California ~2~,67, o~:m ers of certain real rroperty situated in the City of Anaheim, County of Orange, State of California, descrlbed as: TFIAT PORTIO"J OF DREYFUS APJD OTHFR LAPlDS, AS SHO~Jt! 6M .4 NAP OF SURVEY 11ADE BY WI~LIA~1 HAMFL AhID FILFD F~2 RFC~R~ 1~1 L~5 AF~~ELES COUtlTY, A COPY OF WH I CI-~ IS F I LFD 1 ~! THE OFFI CF OF TNF COIJt•ITY RECORDER OF SA I D ORAMGF COUW?Y QP! PAr,E 1~;, A~dD FOLL~I•!I P;G, Rp01! 3~ E~JTITLED "LOS APIGELES C~UNTY RECORDS", DESCRI.RED AS F(tLLO!~~5: THE SOUTHEASTERLY 261.tF~ FEET OF TFIE I•IORTHI•?FSTE?LY 5~1.1th FEET MEASURFD ALONG THE CENTEk LIFlE OF EAST STREET OF THF PJORTHEA.STERLY 1``1.50 FEET MEASURED PARALLEL 4dITII THE CE~dTER LINE OF SO!1TI1 ST4EFT. EXCEPT;NG T!IEF.EFR~!! THE tI0~TH5;F$TF".LY 1~~ FEET OF $AI~ SOUTHE~,STERLY 261.1+G FcET. 41FiEREAS, the City P)anning Commission did holcl a puhlic hearin~ at the City Hall in the City of Anaheim on April 21, 1930, at 1:3^ p.m „ notice of said public hearing having been duly given as required by lat~~ anrl in accordance with the provisions of the Anaheim Municipal Code, Chapter 1~',~3, to hear and consider evidence for and against said proposed c~nditional use nermit and to investinate and make findings and recommendations in connection therewith; anrl WNEREAS, said Commission, after due inspection, investi9ation an<I study made by itself and in tts tehal`, and aF[er due consideration of all evidr_nce and reports offered at said hearing, dnes find and determine the foll~winq facts: 1. That the proposed use is properiy one for arhtch a canditional use permtt is authorized by Anaheim Municipal Code Section 1°.C~1.^5~,~!12 t~ ti•~it: to retain a contracter's storage yard ~~ith o~aivers of: (a) SECTION 18.G1,~63.~11 - Minimum landscaned setbacL. 5(1 eet required; +~ eet existina) (b) SECTIO?J 1~3.h1,062,~11 - Maximum structural heinht. 20 eet perm tted aihen lecated ~~eet from residential zoninq; !i5 feet existing from RF1-1?.~~ to the north) (c) SECTIOP! 18.61,OG4,02~ - Flaximum fence height. 3~ nches permitted in front setSack; u c~oposed) 2. That the requested waiver (a) ls herehy granted on the hasis that the petitioner stipulated to completinq and maintaining t7e lan:lscapi~g area in the front PC30-67 of tne residential structure ~nd on tlie I~asis tfiat said structure er.ists and the waivcr is minimal. 3. That the requested v.~aiver (b) is herehy grar,ted on the hasis that other two-story structures exist in the area. 4. That the requested maiver (c) is hereby 9rantr.d, in part, permitting a six (6) foot high chainlink fence inter~~oven ~•lith redwood slatting along the east property line for a distance of approximately 6? feet north f mm t!ie south oroperty line (to enclose a parlcing area), and denying the request for a six (h) foot-high fence for the remaining 92 foot distance to the north property line in the area in front of the existing residential str~.icture and the par{;ina spaces to the north), and subject to the petitioner's stipulation to relocating the northerly access gate approximate)y forty-one (~E1) feet v~esterly from the east property line. S. That the proposed use is here6y ~rinted suhject to the condition that no construction equipment shall I,e parked outside the fenced area. 6. That the proposed use, as granted, will not advPrsely affece the adjoining land uses and the gro~rth and dPVP~opnent of the area in ~~hich it is proposed to he located. 7. That tFe size and shape o( the site proposed for th~ use, as qranted, is ariequate to allow the full develo~ment of the pr~~posed use in a manner not detrimental to the particular area nor to the peace, health, safety, an~i generai welfare of the Citizens of the Ctty of Ananeim. 8. That the Conditional Use Permit, as gr~nted, and under the c~nciitions impcsed, ti,~i)1 not he detrimental to the peace, health, safety and general ~•ielfare of the Citizens of the City of Anaheini, 9. That the traffic ciener~ted tiy rh~ ~r~n~~~~ use, ~; granted, ~~fili noC impose an undue burden upon the streets ancl high~.rays ciesignecf and improved to carry the traffic in the area, 10. That ne one indicated their presence at said public hearing in opposition; and that one letter containing approxima[ely ten signatures ~•~as received in opposition to the subject petition. ENVIRQtJMEtJTAL IMPACT FINDItIG: That the Anaheim Clty Pianning Commission has reviewed the proposal to reclassi y subject property rrom the R~t-1200 (.°,f.SIDEPiTIAL, MULTIALE-FAFIILY) ZONE to P1L (IPlDUSTRIAL, LI!11TED) Z(?P!E to retain a contractor's storage yard orith waivers of minimum landscaped sethacl:, rr,aximun structural height ar,d maximum fence height on a rectangularly-sliaped parcel of land co~sisting of approximately O,F7 acrc, having a frontaae of aoproximately 1(i feet on the west side of East StreetT having a maximum dPpth of approximately 1;f1 feet anc~ heing locat=d appror.imately 43q feet south of the centerline of South 5treet; ~nd does hereby approve the t•legative Declaration from the requirement to nrepare an Fr.vironmental impact report ori the basis that there ~•:ould he nc si~nificant individual or cumulative adverse environr~ental im~act clue to the anproval of this tdegaCive Declaraticn since the Anahein General Plin designates thr. sublect nr~perty for medium-density resiJential ~and uses commensurate ~~ith the pro~osal; that no sensitive environmental im~acts are involved in the proposal; that the lnitial Stucly -7.- PCB~-h7 ~ submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Ilegative ~eclaration substantiating the foregcing findings is on file in the City of Anaheim Planning Oepartment. tl011, THEREFORE, BE IT RESOLV[~ that the Anaheim City Planning Commission does hereby grant, in part, suhject Petition for Conditional Usc Permit, upon the follo~•~ing conditions o-~hich are herehy fn~nd to 5e a necessary prerequisite to the proposed use of the suhject property in order to preserve the safety and general welfare of the Cttizens of the City of Anaheim: 1. That this Conditional Use Permit is granted suhject to the completion of Reclassification ~lo. 7~-~0-35, no!-r pending. 2. That suhject property shall be develo~ed su6stantially in accordance with plans and specifications on file ~•~ith the City of Anaheim marked Exhihit No. 1; including a six (6) foot high block u~all along the north property line (Rt1-1200 zoning); and, provided that the six (6) foot high chainlink fence a~ith redwood slatting may be constructed only ten (1~) feet from East Street around the parking area southerly of the house. and must not be constructed closer than forty-one (41) feet to East Street in the front (east} of tt~e residential structurc or to the north of said structure. 3. ~do construction equipment shall be parked or other~lise stored outside the fenced enclosure. E3E IT FUP,THEP, RESOLVED that the Anaheim City °lannin~ Commission does hereby find and de.termine that adoption of this Resolution is expressly predicated upon ap~licant's compliance with each and all of the con~fitions hrreinabove set rorth. Should any such condition, or any part thereof~ he declared tnvalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein containcd, shall be deemed null and void. TH: FQREGOI~dG RFSOLUTIQM is signed and approved by me this 21st day of Apr~l, 1~18~. I/~GCG-C('~ /_ , //L~~'~~iJ~c.~1"._ CHAIR4fOP1AN, ANAHEI!1 CITY PL4~l~lltl~ C4!•'11SSIQN ATTEST: `~~ ,~° `~l~,-~:, SECRETARY, ANAHE IM C ITY P~A~JNItJr, COM~115S IOF! -3- Pcs~-67 STATE OF CAL 1 FQRtJ I A ) COUNTY OF ORAPJGE ) ss. CITY OF At:AHEIN ) ~, Edith L. Fiarris, Secretary of the Anaheim City Planning Commission, do hereby certify Chat the foregoing resolution o-~as passeci and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 1~"(!, hy t5e following vote of the members thereof: AYES: COt1:MISSIO~i~RS: BAPHES, BUSHORE, DANID, FRY, HE.°.EST, Y.I~lG, TQLAP. NOES : COMM I SS 10^lERS: ~~or~e A[3SEIJT: COMMISSIO`IERS: ~lONE IN WITPIESS WHEREOF, I have hereunto set my hancl this ?lst day of Apr11~ 19E0. ~ ~~ ~~-C~ „~ :~s~• . SE~RETARY, A"!/1HEIH CITY PLA~J~~IN~ COhiMISSi~N -4- PCRO-67