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PC 80-83RESOLUTIOM 'J0. PC80-83 A P,ESOLUT I 0~J OF THE A~lAHE I 14 C I TY PIAMM I NG CONM I SS I OPI THAT PETITION FOR CODlDITIOtlAL USE PERHIT N0. 207~ BE GRANTED, ItJ PART Wt1EREA5, the Anaheim City Ptanning Commission did receive a verified Petition for Conditional Use Permit from BENtlER S~1EET t4ETAL, INC., 2~371 East La Cresta Avenue, Anaheim, California, ?2806, o~mer, and CONCRf.TE CONCEPTS BLDG. CO., INC., 3121 East La Palma Avenue, Anaheim, California ~28n6, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Lots 12 and 13 of the Eucalyptus Forest Tract, as per map recorded in book 5~ pages 29 and 3~, Miscellaneous Maps, in the office of the county recorder of said county. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on P1ay 19, 1930, at 1:3n p.m., notice of said public hearing having been duly given as r~quired hy la~•~ anri in accordance o-iith the provistorts of the Anaheim Flunicipal Code, Chapter 14.~3, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and rec~mmendations in connection there~•~ith; and 4IHEREAS, said Commission, after due inspection, inv~stiqation 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 ~nterr~ine the following facts: 1. That the proposed use is properly one for which a conditional use Permit is authorized by Anaheim Municipal Code Sections 1fl.03.~3~.~10 and 18.f~1.'15~.5~2 to wit: to retain a contractor's st~rage yard with waiver of: SECTION 1F3.61.063.0;0 - RequirPd enclosure of outdoor uses. stora e area enclosure screeninq required; none proposed 2. That the requested waiver is hereby denied on the basis that the petitioner stipulated at the puhlic hearing to providing the required enclosure of the outdoor use. 3. That the proposed use, as granted, wili not adverse.ly affect the adjoining land uses and the gra•~th and development of thP area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use, as gran4ed, is adequate to allow the full development of tne proposed use in a manner not detrimental to the particular area nor to the peace, heilth, safety, and general welfare of the Citizens o` the City of Anaheim. PC~3~-$3 5. That the Conditional Use Pernit, as granted, and un~er the conditions imposed, will not be detrimental to the peace, healtli, safety and general welfare of the Citizens of the City of Analieim. 6. That the traffic generated by the proposed use ~-rill not impose an undue bur~en upon the streets and high~•~~•~s designed and improved to carry the traffic in the area. 7. That no one indicateti their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EPlVIRON`1E~~TAL IMPACT FItIDING: That the Anaheim City Planninn Commission has reviewed the proposal to retain a contractor's storage yard urith a v:aiver of the required enclosure of outdoor uses on a rectangularly-shaped parcel of land consisting of approximately 1.32 acres having a frontage of approximately 26~! feet on the south side of Pliraloma Avenue and having a maximum depth of approximately 2~i5 feet and being located approximately ~20 feet ~•~est of the centerline of Red Gum Street, and does hereby approve the ~degative Declaration from the requirement to prepare an environmental impact r'^port on the basis that there would be no siynificant individual or cumulative adverse environmental iropact due to the approval of this rlegative Declaration since the Anaheim General Plan desig~ates the subject property for general industrial land uses comnensurate ~~itl~~ the proposat; that no sensitive en~~ironmental impacts are involved in the proposal; that the Initial Study su~mitte~ by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and th~t the ~legative Declaration substantiating the foregoing findings is on file in the City of Anaheim Plannincl Department. N041, THEREFORE~ BE iT RESOLVED that the Anahetm City Ptanning Commission does herehy grant, in nart, suhJect Petition for Conditinnal Use Permit. upon the following conditiQns which are hereby found to be a necessary prerequTsite 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 pr~perty shall deed to the Clty of .4naheim a strip of land 45 feet in width fron the centerline of the street along Miraloma Av~nue for street widening purposes. 2. That all engineering reauirements of the Cit~ ~~f Anaheim alon9 ~4lraloma Avenue including preparation of imorovement plans and installatton of all improvements such as curhs and gutters, sidewalks, street grad(ng and paving, drainage facilities or other appurtenant work, shall be complied with as requlred by the City Engineer and in ~ccordance ~~rith specifications on file in the Office of the City Engineer; that street lighting facilities along Miraloma Avenue shall be instalied as required by the Office of UtiliCies General Mana9er, and in accordance with specifications on file in the Office of Utilities General Planaqer ~~+thin a period of sixty (60) days. 3. That subject property shall be served by underground utilities. -~- PCAo-83 iF. That drainage of suhject property shall he disposed of in a manner satisfactory to the City Enginecr. 5. That the oam er(s) of subject property shall pay the traffic signal assessment fee (Ordtnance tJo. 33~6) in an amount as determined by the City Council, for industrial l~uildings 4~ithin a period of sixty (60~ days, 6. Tl~at the o~•m er(s) of subject property shall oay appropriate drainage assessment fees to the City of Anaheim as determined by the City En9ineer within a period of sixty (60) days. 7. That app~opriate t~~ater assessment fees as deternined by the Office of Utilities General Manager shall be naid to the City of Anaheim ~•rithin a period of sixty (60) days. 8. That this Conditional Use Permit is granted suhject to the completion of P,eclassification Plo. 69-70-31, noo-~ pe~ding. 9. That the proposed contractor's storage yard shall conply ~•~ith all signing requirements of the t•iL (Industriai, Limited) Zone. 10. That subject property shall be develo~ed sunstantially in accordance with plans and specifications on file ~~ith the City of Anaheim marked Exhibit No. 1; provided, however, that the storage area sha11 he enr_losed by screen fe~cina as required by the Zoning Code. ~ 11. That the existing ~:~ood buiiding shall either be removed or brought up to the minimum standards of the City of Anaheim, includinn the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopterl hy the City of Anaheim. 12. That the existing one-story d~-~elling shall be retained exclusively as a caretal;er's facility for the outdoor stora9e yard. t;. That all of the conditions, ahove-mentioned, shall he complied with pri~r to final building and zoning inspections or ~•!ithin a pertod of sixty ~f`1) days from the date of approval of this conditional use permit, ~~~hichever occurs first. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon appiicant's compliance with each and a)1 of the conditions hereinabove set forth. Should any such condition, or any part thereof, be decfared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall he deemed null and void. THE FOREGOIPJG RESOLUTIOPJ is s~gned and approved by me this l~th day of May, 1980. A77EST: ~.~L-- - ~ •° s6`'~~ CHA I Rl10MA~J, A'~1.qHE I M C I TY PLAPIN I P~~ CO"'M I 55 I OPJ ~ l~L~ . ~ ~ ~SE~~T R~ N I M C'~ LAP~G COM"11 SS I ON -3- Pc~3n-83 STATE OF CAL I FORi! I A) COUNTY OF ORANGE ) ss. CITY OF APlAHEIPt ) I, Edith L. Narris, Secretary of the Anat~eim City Planning Commission, do hereby certifv that the foregoing resolution ~•~us passed and adopted at a meeting of the Anahei,., City Planning Commission held on May 1°, 1'~3~, by the follo~~ing vote of the members thereoP: AYES: CO~iMIS510HERS: BAR~IES, 6USNORE. D!;VI^, FRY, H[REST, Y.ItIG~ TOLAP, NOES: C0~1t415510t~ERS: NONE aBSEtlT: COMMISSIOtJERS: FIOlJE Itl WITNESS WHEREOf, I have hereunto set my hand this 1Qth day of Hay, 19°0. `~~ ~ ~~~. - SECRETA?.Y, AtI~HEIt^. CITY PLA`I~dIMG COMMISSION ~~+- Pcao-E3