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PC 82-95.~ RESOLUTION I10. PC82-.95 ~ RESOLUTIOt~ OF TFIE /1t1F11iEiM CITY PLANNIPJG COP1~11S510~1 THAT PETITION FOR COi~1DIT10tlAL USE PERMI7 t10. 233~ B~ Gft/aPITED 1JHEREAS, the ~naheim City Plannin9 Commission did receive a verified Petition for Cc~ditional Use PermiC from /UlDRE4! D. n~in PIANhIIE ~1. VERf3URG. 145 Jeviell Place, Orange, Ca!ifornia, 9266E, ovmer, of cert,:in real property situated in the City of ftnaheim, County of Oran9e, State of California, described as: PARCEL 1 TfiAT PORTIOtd OF LOT 1, [iLOCY. 6 OF TfIE GOLDEP! STATE TRACT, IN THE CITY OF ANANEI~1, COUPlTY OF ORA~IGE, STATE OF C~LI FORNIA, !~S PER MAP RECORDED I N BOOK G, PAGES 66 F~~~o 67 OF 111 SCELL{~~EOUS MAPS, I N THE OFFICE OF Tt(E COUPlTY RECORDER OF SAID COUyTY, SHOWP! AS PARCEL 1 ON A 1•tAP FILED lP! BOOt: 1, PAGE 3$ OF PARCEL t•111P5 RECORDS OF SAID COUNTY. WFIEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 17, 1981, at 1:30 p.m., notice of said publit hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Plunicipal Code, Chapter 1~3.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recormiendations in connection thereU~ith; and 4hiEREAS, said Coirenission, 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 f~nd and determine the following facts: 1. That the proposed uses are properly ones for v~hich a conditional use permit is authorized by ~naheim P1u~icipal Code Section 53.03.030.010, 13.b1.050.601 and 18.61.050.~~~ to wit to re tain used auto storage, contractor's storage yards and fertilizer manufacturing in the t1L (Industrial, Limited) zone with waiver of: SECTION 18.61.068.030 - Re uired enclosure of outdoor uses Chain 1 ink fence aii th redwood slats requi red; chain link fence with plastic slats existing and proposed) 2. That the requested +•~aiver is hereby granted on the basis that denial would deprive subject property of a privile9e enjoy^d by other properties in the same zone and vicinity. 3. That the proposed uses are hereby ~ranted subject to the petitioner's stipulation that existing Municipal Code violations on the property including storage of inoperable vehicles, inadequate site screening and landscaping, persons living in camper sh~lls and Building Code violations will be abated prior to the int roduction of any new usc on the p~operty. PC82-g5 ~:~ 4. That the proposed uses, as granted, ~•~i 11 not adversely affect the adjoining land uses and the yrowth and developrrent of the area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use, as granted, is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the pcace, health, safety, and general welfare of the Citizens of the City of Flnaheim. 6. That tl~e granting of the Conditional Use Permit under the conditions irtposed, if any, will not be detrimcntal 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, as granted, will not irtpose an undue burden upon the streets and highH~ays desi9ned and improved to carry the traffic in the area. '3. That no one indicated their presence at said public hearing in opposition; and that no r,orrespondence ~aas received in opposition to the subject peti tion. EtIViRO~lFIEidTAL IHPFICT FIWDIPIG: That the Anaheim City Planning Cortmission has reviewed the proposal to retain used autorrnbi le storage, contractor's storage yards and fertilizer manufact~iring in the i1L (Industrial, Limited) Zone with waiver of required enclosure of outa~~or uses on an irregularly-shaped parcel of land consisting of approxirrUtely 2,77 acres located at the northerly terminus of Red Gum Street, and being located approximately 805 feet north of the centerline of La Jolla Street (1460 ~dorth Red Gum Street); and does hereby approve the i~legative Declaration from tne req uirement 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 ilegative Declaration since the P,naheirt Cenerat Plar~ designates the s~ject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involvad in the proposai; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental irtpacts; and that the t~egative Decl~ration substantiating the foregoing findings is on file in the City of ~naheim Planning Depa r tmen t . N04l, ThiEREFORE, QE IT R[SOLVED that the flnaheim City Ptanning Cortmission does hereby grant subject Peti tion for Conditional Use Permi t, upon the fol lo~ring con ditions a~hich are hereby found to be a necessary prerequisite to the proposed use of the s~ject property in order to preserve the safety and general oielfare of the Citizens of the City of Anaheim: 1. That the owner(s ) of subject property shall deed to the City of /~naheim a strip of land 32 feet in width from ttie centerline of the street along Red Gum Street for street widening purposes; and, also a 50 foot radius as required to complete a standard cul-de-sac at the end of Red Gum Street. 2. That all engineering requirements of the City of Anaheim along P,ed Gum Strect including preparation of improvement plans and installation of all irrproverrents such as curbs and gutters, sidea~aiks, street grading and paverrent, seY~er and drainage facilities~ or other appurtenant work, shall be cortptied with as required by the City Engineer and in accordance with -z- Pc82-95 ..... specifications on file in the Office of the City Engineer; that street lighting facilities aiong Red Gum Street shall be installed as required by the Office of the Utilities General h~anager in accordance with specifications on fi le in the Office of Uti 1 ities C,eneral t•tanager, and security in the form of a bond, certificate of depesit, letter of credit, or cash, in an amount and form satisfactory to the City of Flnaheim, shall be posted s•~ith the City to guarantee the satisfactory completion uf the above- mentioned irtp rovements. Said security shall be posted a~ith the City within 60 days of the date herrin. The above-required improvements shall be conpleted within 1f30 days from the date herein. 3. That trash storage areas shall be provided in accordance a~ith approved Nlans on fi te wi th the Office of the Executi ve Di rector of Publ ic 6lorks. 4, That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 5. That drainage of subject property shall be disposed of in a manner satisfacto ry to the City Engineer. 6. That app ropriate aiater assessrtent fees as determined by the Office of Utilities General llanager shall be paid to the C~ty of Fnaheim. 7. That the owner(s) of subject property shall pay appropriate drainage assessrrent fees to the City of Anaheim as determined by the City Enaineer within b0 days from the date herein. 8. That Condition PJos. 1, 3, 4, 5, 6, and 7, ahove-mentioned, shall be cortpleted ti•~ithin a period of sixty (60) .daye from the date herein. 9. That existing Plunicipal Code violations on the property includin9 inoperable vehicles, inadequate site screening and landscaping, persons living in camper shells and Building Code violations shall be abated prior to the introduction of any new use on the property. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance v~ith each and all of the conditions hereinabove set forth. Should any condition or any p~,rt thereof, be declared invalid or unenforceable by the final j~~dgment of any court of cortr,~etent jurisdiction, then this Resolution, and any approvals herein contained, shall be deerr~d nuil and void. TfiE FOREGOI~dG RESOLUTIOPI is signed and approved by me this 17th day of May, 1982. ~ ~ I~'~~~ -, 'CN IRMAP RO TEt•1PORE /1PlAI1EIM CITY PLANNIMG C011MISSIOP! ATTEST: ~~ ~ ~~ SECRETARY, ANAHEIPI CITY PLANNIPIG C011P11SS10~1 PC82-95 -3- STl1TE OF CALI FOP,NIA ) COUtdTY OF ORANGE ) ss. CITY OF APlNiEllt ) I, Edith L. Flarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoiny resolution was passed and adcF~ted at a meeting of the Anaheim City Planning Cortmission hcld on May 17, 1932, at 1:30 p.m., by the following w te of the members thereof: AYES: COMIfISSI0NER5: BARiJES, GOUIIS, FRY, hIERBST, I;IiJG, h1C 6URIdEY NOES: COMMISSIODlERS: ~IOPJE ABSENT: COMFiI SS IOPJERS : QUSHORE Ihl WITCIESS YlHEP,EOF, I have reunto set rtry hand this 17th day of F1ay, 1982. n ~ f.- /J SECRETARY, AtlAHEIPf CITY PLANNIPlG C011HISSIOP! -4- PC82-95