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PC 81-12RESOLUTIOtJ N0. PC81-12 A RESOLUTION OF Tf1E ANAHEIM CITY PLANNIP~G CONHISSIOM THAT PETITIOt! FOR COPJDITIONAL USE PERMIT N0. 216(, BE GRAPITED WHEREAS, the Anahetm City Planning Commission did receive a verified Petitton for Conditional Use Permit from BEVERLY JEAPa TRATTER, 41; South Lemon Street, Anaheim, California 92805, owner, and YVO~lNF. T~RRE~ICE, 1216 North Tustin Avenue, Orange, California 92667, agent of certain real property situated in the City of Anaheim, County of Orange, State of Californta, described as: Lot seven (7) of the °1Estate of Mary Strobel"~ as shown on a Map recorded in book 3, pages 7h and 77 of Miscellaneous Reccrds of Los Angeles County, California, EXCEPTING THEREFROM for public stdewalk purposes a strip 6 1/2 feet a~ide along the easterly boundary as c~nveyed to the City of Anaheim, by deed recorded April 13~ 1906, in book 131~ page 112 of Deeds~ records of Orange County, California. WFfEREAS, the City Planning Commission did hold a puhlic hearing at the Ctvic Center in the City of Anaheim on January 12, 1981, at 1:3~ p.m., nottce of sald public hearing havtng been duly given as required by lav~ and in accordance with the provisions of the Anaheim Muntcipal Code, Chapter 18.03, to hear and consider evtdence for and against said proposed conditional use permit and to investi,qate and make findings and recommendations in connection therewith; and 61HEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration oF all evldence and reports offered at said hearing, does find and determi~e the follrnvinq facts: 1. That the proposed use is properly one for whtch a conditional use permit is authorized by Anaheim Munictpal Code Section 18.03.~30.010 to wit: to permit a contractor~s storage yard in the CG (Commercial, General) 2one. 2. That the proposed use is hereby granted for a pertod of three (3) years, to expire on January 12, 1984. 3. That the proposed use will not adversely affect the adJotning land uses and the growth and development of the area in v~hich it is proposed to be located. 4. That the size and shape of the stte 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 CitTzens of the City of Anaheim. 5. That the granting ~f the Conditional Use Permit under the condltTons imposed, if any~ ~aill not be detr•imentai to the peace, health, safety and c~eneral welfare of the Citizens of the City of Anaheim. . PC81-12 6. That the traffic 9enerated hy the proposed use ~~ill not impose an undue burden upon the streets and higM•+ays designed and improved to carry the traffic in tiie area. 7. That no one indicated their presence at said public heartng in oppositton; and that no correspondenc.=. was received in o~position to the subJect petition. ENVIROPINEPITAL IMPACT FINDING: That the Anaheim City Planning Commtssion has reviewed the proposal to perm t a contractor's storage yard in the C~ (Commercial~ General) Zone on a rectangularly-shaped parcel of land conststincl of approximately 0.3 acre~ having a frontage of appr~ximatelY 72 feet on the west side of Lemon Street, having a maximum depth of approximately 159 feet and being located 170 feet south of the centerline of ~lm Street (415 South Lemon Street); and does hereby approve the Negative Declaratlon from the reauirement to preoare an environmental impact report on the basis that there orould be no significant individual or cumulative adverse environmental impact due to the approval of thts Negative Detlaration since the Anahelm General Plan desi9nates the subJect property for medium-density residential land uses commensurate with the proPosal; that ncs sensitive envtronmentai impacts are involved in the proposal; that the inltial Study submitted by the petitioner indicates no significant individual or cumulative adverse envtronmental impacts; and that the Negative Decla~ation substantiating the foregoing findings is on file ln the Ctty of Anaheim Planning Department. NOW~ TNEREFORE~ BE IT RFSOLVED that the Anaheim City Planning Commisston dces hereby grant subject Petition for Condittonal Use Permit, upon the followinq conditions which are hereby found to be a necessary prerequtsite to the proposed use of the suhject property in order to preserve the safety and general ~~elfare of the Citizens of the City of Anaheim: 1, That trash storage areas shall he provided in accordance with approved plans on file with the Office of the Executive Director of Public 4lorks. 2, That the ex(sting strucCure shalt ::e brounht ~_t;'+ t~ tfie minTmum standards of the City of Anaheim, inctuding the llniform Building, Plumbing, Electrical~ Mechanical and Fire Codes as adopted by the City of Anaheim. 3, That subject property shall he developed suhstantially in accordance with plans an~1 specifications on file ~~~ith the City of Anaheim marked Exht6tt Nos. 1 through 3. Q, That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prior to final huildinq and zoning inspections. 5, That the use is granted for a period of three years to expire on January 12, 1984, g~ IT FURTHER RF.SOLVED that the Anaheim City Planning Commission does hereby fTnd and determine that adoption of this Resolution is expressly predicated upon applicant~s compltance with each and all of the conditions hereinabove set forth. Shouid any such condition. or any par*. thereof, be declared invalid or unenforceable by the flnal judgment of any court of competent jurisdictlon, then this Resolution, and any approvals heretn contatned, shall be deemed null and void. -2- PCf31-12 ~ ~ TNE FOREGOING RESOLUTiOt•I is signed and approved by me this 12th day of ~ January, 1981. Chl IR AN~ AN HEIM CI PLANNINf; CONMISSION ATTEST: dLC.Ci{~. SECRETARY, ANAHE M CI LANNING COMMI S ~~J STATE OF CALIFORIJIA } COUNTY OF O~ANGE ) ss. CITY OF ANAHEIM ) i, Edith L. Harrts, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutton was passed and adopted at a meetYng of the Anaheim City Planning Canmtssion held on January 12, 19a1, by the following vote of the members thereof: AYES: COMMISSIONERS: BOl'AS, FRY, TOLAR NOES: COMMISSIONERS: BUSHORE, KItJG ABSENT: COMMISSIONERS: BARNES, HERBST 1981. IN WITNFSS WHEREOF, I have hereunto set my hand this 12th day of January~ `~~.~. ,r.° ~~~ SECRETAR ~ ANAHE M CIT L PINING COMMISSION -3- PCBt-12 r,ESOI.u1'lor~ r~n, Pc31-12 ~ RESO(_UT I Otl OF TNE AP;AHE 1 ~1 C I TY PL/ltlfd I ~l~ C!1!1!~ i SS I 0~! THAT PFTITIOI! FOR Cn~;DIT10~!~L USE PE4,~11T t~IO. 21!r ~[ rRA"!TE~ IdHEREAS, the Anaheim City Pl~nn;nn Commission did receive a verified Petition fo; C~nditional Use Permit from ~FUFRLY JFA'! T?~TTFP,, ~!i~ South Lemon Street, Anaheim, California ?2°~S, o~•mer, ~~nd YV~~INF Tn~~E~~CF, 171F ~lorth Tustln Avenue, Orange, Calif~rnia 92(67, aqent of certain real ~ropertv situated in the Citv of Anaheim, County of Orange, State of f.alifornia, d~scrihe~i ~s: Lot seven (7) of the "Estate of 'lary Strohel", as sho~vn on a ~1ap r'ecorded i n boo!; 3, pages 7~> and 77 or ^~ i sce 1 1 aneous Records of Los Angeles County, Calif~rnia. EX~EPTIN~ THEREF~~H for public sldea~alk purposes a strip h 1/2 feet ~~ide along the e~sterly boundary as conveyed to the City or Anaheim, by deed recorded April 13, 190F, in book i?1, paoe 112 of Deeds, records of Oran~e County, California. 41FIEP,~AS, the City Planning Commission did hold a puhlic hearing at the Civic Center in the City of Anahein~ nn January 1?, 1~21, at 1:3~ ~.m., notice of sa+d public hearing having been duly given as requ?red by laY~ and in accordance with the provisions of the Anaheim M~micipal Code, Chapter 1~i.03, tn hcar and consider evidence for and against said proposed conditional use permit and Yo investiaate and make finuings and recommer.clations in connection there~~rith; and LINEREAS, said Commission, after du~ inspection, i~~vestigatinn and study made by itself and in its hehalf, and after ciue consi~leration of all evidencc- and reo~rts offered at said hearing, does find and dctermine the fol}o~•~inn facts: 1, That the proposed use is prc,perl•,~ ~ne f~r ~~hich a c~nciitienal use permit is authorized by Anaheim Municipal Code Section 1`?,~3,n3p,~11n t~~ ~•~it: to permit a contractor's storaae yard in the f,G (Cor+r.iercizl, Gene~al) i_one. 2. That the prooosed use is herehy granted fnr a nerlod of three (5) years, to expire on January 12, 1~t31;. 3. That the proposed use ~:rill not adverselv affect the adjoining lan~i uses and the growth and development of the area in t•~hich it i5 p mr.osed tn be located. ~F. That the size and shape of the site proposed f~r the use is adequate to allo~~i the full development of the proposerJ use in a manrer nr~t detrimental to the particular area ~or to the peace, health, saf~~t~i, an~l reneral ~•relfare of the Citizens of the City of Anaheim. S. That the c~rantina of the Ccnditional llse Perroit under th~ conditicns imposed, if any, ~,~ill not be detrimentai to the neace, healt^, safety anci c~eneral welfare of the Citizens of thc.~ :itv of Anati~ir~. PC81-12 (,. That t~~e traffic gencrated !~y the ~rnnoseri usr ~•~i11 not impose° an undue burden upon the strr_cts and IllC~hi•1~v5 designed an~f impro~~ed t~ carry the rr;,~fic in the ~rea. 7. Tnat n~ one indieat~d the'r presence at safrl nublie hearina in opposition; and that no corresponden^, ~~~~s rer_eived in ~r~~~sitinn rn thn suhjeet pPtition. E~!VIROPI!1F~1T~,L -~~~~r.T Finni"!G: i!~at the /lnaheim CitY ~'1~nnina Conr~ission has revie~•ied tlie pr~~osal to permit a contractor's stnrage ';iard in ttie C~ (f,c,mmercial, General) Zone on a rect~n~ularly-shane~i parcel ~f lanci c~nsistinn of approximatelY 0.3 acre, having a franta~e of a~+prnximatelv 72 feet on the ~•~est side of Lemon Street, having a maximum depth of appr~ximatelv 1~'l feet and bein~ located 1?~ Peet south of the centerline of Elm Street (415 South Lemon Str~et); and d~es 'ierehy anprovr the ~Jegative Declaration from the renuirem~nt to ~reoarr_ an ~nvironriental impact re~ort or, the basis that there ~•ioiild he n~ si~nificant individual or cumulative adverse envir~nmental imnact riu~ to the a~nr~val of this Ple~ative Declaration since the Anaheim Generil ?lan desi~nates the suhject property f~r medium-density residential land ~~ses comnensurate ~•~ith the nr~nosal; that n~ sensitive environmental innacts are im~olved in th~ ~+ropnsal; tha*_ the Initial Study suhmitted hy the petition~r indicates no sinnificant individuai or cumulative adverse environmPntal ~mn,~r5; and that the Negative Der]arati~n suhstantiatin~ the fnreqoing findin~s is on t'iie in the City ~f Anaheir~ Planninq Denartment. ~1QU, THERE~O'E, 6E IT FFSOL~IE~ that the .4n~heim City Plannina Commission does herehy grant 5uhject Petition `or Conditioral Use ?ermit, uoon [he following eonditions ~,~hich are here!~y f~und t~ he a nec~ssa ry prere~uisit,~ to the nronosed use of the suhject property in order to preservn th~ =afetv and gen~•r~l ~~!el`ar~ ~~ the Citizens of the City of Anaheim: 1. That trash stor.ine areas shal l he nrovicied in acc~rd~nce ~•ii th approveri plans on file ~~ith the Ufifier_ ot` the Exccu[iv~, ~%ii~~cl~.,~ ~,' ~~i','~~: ~~~~ ,~. 2 ihat t`~e existinc structure shall he hrrninht un tn the minimum stan~iards ~of the City of Anaheim, includin~ thc !Inifnrm Ruildinq, Plum~in~, Eleetrieal, '1echanical anci Fire f,odes as adonted '.~y the City ~f Anaheirn. 3, That suhject nroperty shall he ~lrvelopeci su?~stanti~llv in accordance ti•~ith plans and speeifications nn file ~~ith t'~e City of Anatiein r~arl-.ed Exhihit Nos. 1 throunh 3. 1+. That Condition 'Jo.. 1, ' ancl 3, ahove-m~ntionecl, shall hc c~rrolied with prior to final huildinc~ and .onin~ inspections. ~, That tLe use is gr~nted `or a ~eriod of th ree vears to exnire on January 1^, 1~1Sf!. 3F. IT FURTH[°. RE50!_!!E1 that the AnaF~im Ci'y Planninn Commissi~~n rioes herzhy find ancl determine that ado^tinn o` this Resolution is exPresslv nrr.~licated upon applicant's com~liancr ~;;ith eae`~ and all ~' the con<iiti~ns herein~lovc~ s~t forth. Should any such condition, or any ~~rt th^re~`, F,~ ~Aci?r~r1 inv~li~! or unenforceable by the final judgment of a~7y c~urt of competent luris~iiction, then this Resolution, and any a~provais herein contained, shall he c!eem~d null an~1 vnid, -?- PC~iI-12 THE FOREf,01MG RESOLUTIO'I is signer• ~nd approved hy me th.;, 12t" day of January, i~81. 1 i~~r~ l,l ~~~- CIIAIR 1/1PI, A~:P.~aEI"1 CIT PLl1PJ~IIA!~ CO!1MISS1~"J ATTFST: ~~.~..~.. .z° ~.:~.. SECRETAP,Y, ANAHE I M C I i Y PIAhlN I fl~ CnM'i ISS I nrd STATE OF CAI_IFORWIA j COU~JTY OF ORAtJGE j ss. C ITY OF ANAHE I t; ) I, Edith L. Harris, Secretary of the Anaheim City Pianning CoMnission, do fiereby certify that the f~rr.going resolution ~~~as passed and adopted at a meeting of the Anaheim City Plannin9 Commission held on January 12, 1931, by the follov~ing vote of the members thereef: AY'E5: COMt11SSI0PlERS: BOUAS, FRY, TOLAR NOES: COht!115510PlERS: ~USHORE~ K1!!G ABSENT: COMt11SSI0MERS: BqRP!ES, HERRST IFJ WITPIESS 4fHERFOF, I have hereun[o set mv hand this 12tn day of January, 1981. ~~ ~.° ~~. SECRETAP,Y, AMAHEIM CITY PLA'lid{IdG COMMISSION -3- PC81-12