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PC 85-74RESOLUTION N0. PC85-74 A RE5ULUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONF.L USE PERh1ZT NO. 2668 BE GRANT~D WHEREAS, the Anaheim City Planning Commission did receive a vecifie~: Petition for C~nditional Uee Permit. from AIRPORT SERVICE, INC., 851 East Cerritos, Anaheim, California 92805, ATTN: ROBERT F. HERWIG, owner, and RONALD ROGERS, DHA MAGIC CARPET AbIBULETTE CORPGRATION, 310 North Tustin, Orange, California 92667, agent for certain real property situa~ed in the City ot Anaheim, County of OLange, State of California, described as: BEGINNING AT TH~ t90ST NORTHERL,Y CORNER OF PARCEL 2~ AS SHOWt1 ON t•fAP FILSD IN BOOK 30, PAGE 3~ OF PARCEL h1APS~ IN THC OFFIC° OF THE COUNTY RECORDER OF Si.ID ORANGE CUUNTY~ THENCE ALONG THS WESTERLY LINE; AND IT'S SOUTHGRLY EXTEDISION OF SAID PARCEL 2 SOUTH 0° 11' 40" EAST 811.96 FEET; THENCE N 89° 56' 43' EAST 2U3.82 FEET TO A POT_NT ON THE 'r7ESTF,RLY RIG:3T-OP-WAY LINE OF LEWIS STREET AS DL•'SCRIBED IN THE DEED RECORDED IN BOOK 9496, PAGE 355~ OF UFFICIAL RECORDS; THENCE ALONG SAID WESTERLY RIGH:-OF-WAY LINE N 07° 26' 20" WEST 160.00 FEET; THENCE N 0° 15' 29" WES1 234.95 FEET TO A POINT ON THE WESTERLY LINE OF THE A. T. AND S. F. RIGHT-OF-WAY, SAID PQINT ALSO BEING THE BEGINNINC, OF A CURVE CONCAVE NORTHWESTEkLY HAVING A RADZUS OF 5779.58 FEET; THENCE NORTHWGSTERLY nLONG SAID CURVE AND THE LAST SAID RIGHT^UF-n:.Y LIC1E THROUGH A CENTRAL ANGLE OF 4° 32' UO" AN ARC DISTANCE OF 957.29 FEET TO THE POINT OF BEGINNING. {JHEREAS, t}ie City Plannirg Commission d:d ho.ld a public hearing at th~ Civic Centet in t:~e City of Ar.aheirr, on March 18, 1985, at 1:30 p.m., notice of said public hearing liaving been duly given as required by law and in accordance with the provisionss of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said pcoposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WFiL•'REAS, said Cnmmission, after due inspection, investigation and scuay niade uy itselt and in its t~ehalt, and aftec due con~ideration of all evidence and reports offered at said hearing, do=s find and decermine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.61.050.514 to wit: to permit an outdoor non-emergency ambulance storage and maintenance facility and an outdoor recreational-vehicle storage yard with waiver of the following: SECTION 16.61.068.030 - Required enclosure of outdoor uses. (G foot high chain link fence with redwood or cedar slats reguired; 6 foot hiqh unslatted chain link fence proposed). 2. That the requested waiver is hereby qranted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning :;( #0474r s,~s ~ ~ PC65-;4 ~.~ ~ h„'~w`~r^;° . - . _., Code deprives the pruperty oE privileyes enjoyed by other properties in the identir.al zone and classification in the vicinity, and further on the basis that an unslatted chainlink fence will ptovide additional security because of greater site visibility. 3. That the pcoposea use will not adversely affect the adjoining land uses and the gruwth and development of the area in which it is proposed to be located. 4. 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 particulac area nor to the peace, health, safety ar~d general welfare of the Citizens of the City of Anaheim. 5. 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. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highwafs designed and improve~l to carry the traffic in the acea. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received zn opposition to the subject petition. ENVIRONh1ENTAL ZMPA~T FZNllIRG: That the Anaheim City Planning Commission has reviewed the proposal to permit an outdoor non-emergency ambulance storage and mainten~lce facility and an outdoot recreational-vehicle storage yatd with waiver of cequired enclosuce of outdoor uses on an ±rregularly-shaped parcel of land consisting of aoproximately 2.5 acr.es, having a maximum width of approximately 18S feet and being located appruximately 360 feet east of the centerline of Allec Street and 500 feet north of the centerizne of Cerritos Avenue and further described as 1420 South Allec Street; and does hereby approve the Negative Declazation upon Einding khat it has considered the Negative Declaration together with any comments received during the public review process and further finding on Ciie pasis oi che initiai s~udy ana any comments ceceived that there is no substantial evidence that the project will have a significant effect on the environment. NGrI, THEREFORG, BE IT RESOLVED that the Anaheim City Planning Commission does hereby yrant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequi~ite to the proposed u~e of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anahei.m: 1. That prior to issuance of a building permit, or comnencement of the activity herein approved, whichever occurs first, the appropriate Eraffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new industrial buildings and outdoor uses. 2. 7'hat the driveway on Allec street shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineec. -2- PC85-74 3. That drainage ot subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That subject p~operty shall ie served by undecground utilitiec. 5. That trash storage aceas shall be prov ad and maintained in accordance with approved plans on file witii the Stree~ Maintenance and Sanitation llivision. G. That prior to commencement of structural framing, fire hydrants shall be installed and r_haryed as required and determined to be necessary by the Chief of the Fire Department. 7. That prior to the r_ommencement of L-he activity authorized under this resolution, or prior to the time that a building permit is issued, or within a peciod of ninety (90) days from the datp of this resolution, whichever occurs first, the owner(s) of suri.~ct property shall execute and recocd a covenant in a form ar~proved L•~y the City Att~~rney's Office wherein such owner(s) agree not to cuntesk ~he formation of any assessment r9istrict(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s} could include such owner's properky, Eailure to comply with this condition within the specified time shall render this conditional use permit null and void. &. That the eutdoor sturagc areas, autiiorized by this resoiution, shall be surfaced :3nd continuously maintained with paving materials complying with City paving standards. 9. That pricr to issuance of a building permit, primary water main fees shall be paid to the C'ity of Anaheim, in an ~mount as determined by the Office of the Utilitie:; General Manager. 10. Tha*_ th~a existing offir,e trailer and canopy shall be removed from subject property. 11. That all lockabl~ vehicular access gates shal.l be eguipped with a"knox box" device to thE satisfaction of the Chief of Police and the City Fire Marshall. 12. That the proposal shall comply with all signing rea.uirements of the MI, Zone, unless a variance allowing siaii waivers is approved by the Planning Commisyion or City Council. 13. That the owner of subject property shall submit a letter cequesting termination of Conditional Use Permit No. 2650 to the Planning Department. 14. That. subject property shall be developed substantially in accordance with plans and spec?fications on file with the City of Ananeim marked Exhibit Nos. 1 chrough 5. -3- PC85-74 ~i 15. That prior to tFe commencement of the activity authorized under this resolution, oc prioc to issuance of a buiJ~ing permit, or within a period of one year from the date of this resolution, whichever occurs first, Cor~dition Nos. 1, 9 and 13, above-mentioned, shall be complied with. Ex`ensions for Eurthec time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Muniaipal Code. lu. That prioc to the commencement oE the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 2, 3, 4, 5, 8, 10, 11 and 14, above-mentioned, shall be complzed with. BE IT FUP.THER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resoiution is expressly predicated upon applicant's comp_iance with each and all of the conditions hereinabove set forth. 5honld any such conditioas, or any part theceof, be declared invalid or unenforceable by the final judgment oE any court of coRpetent jurisdiction, then this Resolution, and any approvals herein contained, ~hall be dEemed null and void. THE FOREGOItJG RESOLUTION is-signed an~a proved/~ by me this 18th day of March, 19b5. '. / `\._.. i'i.~~_i ~~-~~~>~~1~ CHATRMAN, ANAHEIN CJITY PLANNING COMMISSZON ATTEST: ~~.~. ~ ~.. - SECRETARY, ANAHEIM CITY PLANNING COFIMISSION STATE OF CALIFOR[JIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIPt j , I, Edith L. Harris, Se:retary oE the Anaheim City Planning Commission, do hereby certify that the Eoreaoina reso7ut~on was nn~ti_~ ~r.~ adopted at a meeting of the Anaheim City plqnning Commission held on March 18, 1985, by the following vote of the members thereof: , AYES: COMMISSIUNERS: BOUAS, BUSHORE~ FRY HERBST, KING, LA CLAIRE, MC BORNEY NOES: COMbIISSIONERS: NONE ABSENT: COb1MISSIONERS: NONE IN WITNESS WHEREOF, I have haceunto set my hand this 18th day of March, 1985. ~ ~., .~° A/Q.~,~._ I-:;' SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC85-74 :^