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PC 82-125r~~ RtiSOLUTIOtJ N0. Pr,3z-~25 A RESOLUT I OP! OF THE A~dAHE I tt C I TY PLA!JN I"! ~ C~~1'11 SS I ~N T11AT PETI710t! FQR C~?^lDITIO'~Al_ USE PFR'11T N0. 7.342 f3E GRA`ITE!1 1JHCREAS, the Anaheim City Pl:~nning Commission ~ii~l receiv~ a verifird Petition for Conditional Use Permit from PATRICIA ti. CI~APPELL, S!1? North Aniheim Eoulevard, Anaheim, California, 923~5, and D~!lALD {1. •IAC~[3SQN, 1b6h West droadway, Anaheim, Cal ifornia 92~302, otianers, and CLAUDE D. ar,or.i:, 2030 lJest Lincoln Avenue, Suite A, Anal~eim, California 32%.j01, agrnt, of certain real property sit~ated in tiie City of Analicim, County of Orange, State of Califnrnia, described as: LOT 3 I!J BLOCK 1 OF TRACT N0. 3'~~~, MILLS PARK TRP.CT, I~~ THE CITY OF AiJAHEIM, AS PER MAP RECORDED IP•1 D~Of; 111, PA~E 50 Or NISCELLAIdEOUS MAPS, 1'rd THE OFFILE OF TH[ COU"JTY Rf:COP,DFR OF SAID COUtlTY. LQT 2 IN BLOCK "1" OF TRACT N0. 301~, AS PER tdAP R[CORDED I!1 BOOK 14, PAGE 50 OF MISCELLAtlEOUS MAPS, I'd THF OPFICF OF TNE CQU!JTY RECORDrR OF SAID COUtaTY, 11NEREAS, the City Planning Commission did schedul~ a public hearin9 at the City fiall in the City of Anaheim on June 2, 1~37., at 1:3~ p.m., notic~ of said public hearing having 6een duly given as required hy law and in accordance with the provisions of the Anaheim Plunicipal Code, Chapter 13.03, to hear and consider evidence for and against said proposed conditional use permit and to investlgate and make findings and recommendations in connection there~rith; saici public hearing having been continued to the Planning Commission me~ting of Junc 7_`i, 1932; ~nd blHEREF~S, said Commission aftr_r ~Iue inspection, irtvestigatfon a-ed stndy m:^.a^ by itself and in its behalf, and after due consideration of zll evirience and reports offered at said hearing, does find and determine the follrnving facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim 1lunicipal Code Ser,tion 1'~.45.05~.130 to wit: to retain a church and foo~i distribution center in thP Cf (f,ommercial, General) zone with waivers of the following: (a) SECTIOtd 13.OG.06Q,0265 - Minimum number of arl:ing s aces (36 spaces requireri; spaces ~roposed) (b) SECTIOtd 13.4$.0'L..070 - Permitted Storage (A 1 stora e to be within a building; outside storage existing . 2. That the requested waiver la) is hereby granted on the hasis of the unusual nature of the operation and the reciprocal paricing agreement which the pecitioner ~vill conclude ~,~ith near6y properties. 3. That the requested waiver (b) is granted on the basts of the applicant~s a9reement not to use parking spaces for outdoor stor~ge; and ~^rith the stipulations ttiat trash is to be cleareci daily, that t~~e storane areas will be PC82-1z5 --~. r... screened by fencing; tliat any discardeJ fnod ~~ill be conceal~:d in bags and all roof- top storage ~•~ill be removed, that a frcezer will bc used fnr all perishable items; that pest control Co be maintained on an on-g~inr~ basis; anc± that only one person will remain overniglit on the premises for security purposes. 4. That tlie prorosed use will not adversely affect the a!Ijoining land uses and the growtfi and development of tlie area in which it is pronosed to be located. 5. That the siae and shape of the site proposed f~r the usr_ is adeouate to allow tlie full development of tlie proposed usc in a manner not ~letrimental to the particular area nor to the peace, I~ealtfi, safety, and general ~•ielfare of the Citi~ens of t1~e C i ty of Anahe i m. (i. That the 9ranting of the Conditional Use Permi_ undPr the conditions imposed, if any, witl not be dr_trimental to the peace, health, sa`ety and general wel fa re of tlie C i t i zens of t'rie C i ty of Anal~e i m. 7. That tf~e traffic genera[ed by the proposed use vrill not impryse an undue burden upon tl~e streets and highways designed and improved tv carry the traffic in the area. 3. That approximately 5 people WCfr_ present at said public hearing indicating tl~sir concern; and tfiat no correspondence was reccived in opposition to tl~e subject petition. ENVIRONMENTAL IMPACT FItJDI~iG: That the Anaheim Cit~i Planning Commtssion has reviewed the proposal to retain a cliurch and food distribution center in the CG (Commercial, General) Zone ~~itli waiver of minimum numher of parking spaces and permitted storage, on a rectangularly-shaped parcel of lan~i consisting of approximately 0.21i acre, having a frontage o` approximately 1~~ feet on the east side of Anaheim Boulevard, having a maximum depth of approximatelv 109 feet and being located approximately 93 feet north of tlie centerline of IJorth Street (8~G and $08 North Anaheim Boulevard; and does lier~hy aoprovP th~ Neqarivr pecl~raTi~n from the requirement to prepare an environmental impact report on tlie basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of tfiis Plegati~ie Declaration since the Anaheim General Plan designates the subject property for general commercial l~nd uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitteci by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that tiie Negative Declaration substantJating ttie foregoing findtngs is on file tn the City of Anaheim Planning Depa rtment. IJOIJ, TfiEREFORE, E3E IT RESOLVED tliat the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the foilowing Conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in urder to preserve the safety and general weifare of the Citizens of the City of Anaheim: 1, That the owner(s) of subject property shall condition~)ly dedicate to the City of Anaheim a strip of land 40 feet in the ~~idtli from the centerline of tlie street along Analieim Boulevard for street widening purooses, condittoned upon Clie City of Anaheim having a street a~identng proiect which includes frontage along suhject property. -2- PC87_-125 ~:~~~.F~'; , ,- . r-~ ~, 2. That trash storage areas shall be provided in accordance with approv~d plans on file witFi the Office of the Executive Dir~ctor oF Public blorks. 3, That the o~finer(s) of subject nroperty shall pav to th~ City of Anaheim a fee, in an amount as cietermined by the City Council, for street lighting alon9 Anaheim eoulevard. 4. That the oam er(s) of subject property sl~all pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Anaheim Boulevard. $. That the existing structures shall be brouglit u~ to the minimum standards of the City of Anaheim, including the Uniform t3uilding, Plumbing, Electrical, 1lechanical and Fire Codes as adopted by t!ie City of Anaheim. b. That the subject property shall be developed suhstantially in accordance with pians and specifications on file with the City of Anaheim marked Exhibit No. 1. 7, That the outdoor box and pallet storage area shall be rr.movAd to provide adequate space for truck storage and seven (7) mark.erf parking stalls. a. That a minimum 6-foot high block wall,~.aooden fence or chain link fence with wood slatting and a gate shall be constructed to enclose and screen the outdoor storage area. The petitioner shall limit storage of boxes and pallets to a maximum height of G feet. 9. That the applicant shall obtain, and at all times during the use of this Conditional Use Permit, maintain parking agreements with one or more of the surroundin9 property owners for a minimum of 20 parking spaces to be used and available during regular church services. 10. That this use is granted for a period of two (2) Years. 11. Tliat Condition tJos. 1 through 10, above-mentioned, st~all be completed ~vTthin a period of ninety ~9~) days of approval by the Planning Commission. RE IT FURTIIcR RE50LVED tfiat the Anaheim City Ptanning Commission does hereby find and determine tiiat adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinab~ve 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. ~ 9a2. TIiE FOREGOING RESOLUTION is signed and approved by me this 29th day of June, Q. CHA I Rt1AN, ANAHE I ~t C I TY PLANN I"IG COF1N I SS I OM ATTEST: ~~~~~ £CRETARY PRO-TE!hP RE ANAHE I M C I TY PLADJN I NG CONF1 I S S I Otd -3- PC82-125 ~. ~. STATE OF CAL I FORIJ I A) COUtJTY OF ORAi~GE ) ss. C ITY OF l111AH[:111 ) I, Pamela H. Starnes, Secreta ry Pro-Tem of the Anaheim City Planning Commission, do hereby certify tfiat the foregoing rnsolution ~~as passed and adopted at a meetiny of the Anaheim City Planning Commission hr_ld on June 28, 19R2, by the followiny vote of tfie rneml~ers thereof: AYES: CDt1MIS510NERS: 3ARilES, BOUAS, E3USI10RF, FRY, FIERL'ST, YI"!~, MC BUf~iJEY NOES: COt•1MISSlONERS: NOIIE AI35ENT: COMMISSIONERS: NQi~E IN WITNESS WHEREOF, I have hereunto set my hand this 2Rth day of June, 19R2, -~~~.~~ - ~CRETARY PRO TEMPOP,E APJAHE i M C I TY PLA~Jt! I NG COMM I SS I ON -4- rca2-~zs