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PC 83-215RESOLUTION N0. PC83-215 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISS?ON THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2506 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from JEAN K. FOGARTY, 2020 East Orangethorpe Avenue, Fullerton, California 92631, owner, and CURTIS SCHWARZ, 503 Scuth Grand, Santa Ana, California 92705, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, desctibed as: PARCEL D~ IN THE CITY OF ANAHEIM~ AS SHOWN ON A MAP RECORDED IN BOOK 33~ PAGE 10 OF PARCEL MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 31, 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission m~eting of November 14, 1903; and WBEREAS, said Commission, 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 find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit: to permit a temporary trailer for a fish market. 2. That tY,e proposed use is hereby gcanted for a period of two years, to expire on November 14, 1985. 3. That the proposed use is hereby granted subject to the following stipulations made by the petitioner at the public hearin~: a. That skirting shall be provided around the bottom of the temporary trailer to provide a sound barrier and that any necessary openings required for venting shall face north towards Lincoln Avenue. b. That a six (6) foot high block wall, as measured from the highest finished grade of subject property, shall be constructed along the south property line for a distance of approximately 135 feet or more adjacent to Lots Nos. 34 and 35 in Tract No. 4152. 4. That the proposed use will not advereely affect the adjoining land uses and the growth and deveiopment of the area in which it is proposed to be located. ~0087r PC83-215 ~a~ . 5. That the size and shape of the site 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 Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental 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 wi11 not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That five persons indicated theic presence at the October 31, 1983 public hearing in cpposition; and that 3 persons indicated their presence at the November 14, 1983 public hearing; and that a petition containir.g approximately 31 signatures was received in opposition to the subject oetition. ENVIRONMENTAL IMPACT FIND2NG: That the Anaheim City Planning Commission has r~viewed the proposal to permit a temporary trailer to be used as a fish market on an irregularly-shaped parcel of land consisting of approximately 1.04 acres, having a frontaqe of approximately 691 feet on the south side of Lincoln Avenue and further describea as 2840 East Lincoln Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any cortunents received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, gE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the saf~ty and 9eneral welfare of the Citizens of the City of Anaheim: 1. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to rPCOrd the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. Z. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3• That a 6-foot high masonry block wall as measured from the highest finished grade of subject property, shall be constructed on Ehe southerly property line for a minimum distance of approximately i35 feet or more adjacent to Lot Nos. 34 and 35 in Tract No. 4152. ~• That the use is granted for a period of two (2) years to expire on November 14, 1983, f P ~ ~ -z- PC83-215 r S• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however., that skirting shall be provided around the bottom of the temporary trailer to provide a sound barrier and that any necessary openinqs required for venting shall face north towards Lincoln Avenue. 6• That prior to final building and zoning inspections, Candition Nos. 2, 3 and 5, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hEreby find and determine L•hat adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, 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. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of November, 1983. _ ~! L~ ,~` .~~. CHAIRWOMAN; NAHEIM CITY PLANNING COMMISSION ATTEST: ,~~ ', -J~~ SECRETARY, ANAHLLM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEZM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 14, 1983, by the following vote of the ;;,embers thereof: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY~ HERBST, KING~ LA CLAIRE MC BORNEY NOES: COMMISSIONERS: NOYE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November, 1983. ~~~~~ ~ ~ ti~~ SECRETARX, ANAHEIM CITY PLANNING COMMISSION -3- PC83-215