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Resolution-PC 99-120RESOLUTION NO. PC99-120 A RESCLUTION OF THE ANAHEIM CITY PLANNING COMMl3SIOfV THAT PETITION FOR CONDITIONAL USE PERMIT NG. 4089 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified patition for Conditional Use Permit for certain reai property situated in the Ciry of Anaheim, County of Orange, State of California, described as: PARCEL A: THAT POR i ION OF LOT 44 OF ANAHEIM EXTENSION AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WF'l~:H IS SHO~NN IN BOOK 3, PAGE S 162 THROUGH 164 OF "LOS ANGELES COUNTY MAPS" IN 'f HE OFF!CE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBE;) AS FCL;.OWS: BEGINfvlNG AT A POINT ON THE NORTH SIDE OF NORTH STREET, BEING 50.~0 FEET WEST OF THE CENTER LINE OF THE CALIFORNIA CENTRAL RAILROAD 100 FOOT RIGHT OF WAY AS DESCRIBED IN DEED RECORDED NOVEP~iBER 9, 18G`7 IN BOOK 327, PAGE 219 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIF~ORNIA; THENCE SOUTH 75 DEGREES WEST 94.38 FEET TO A STAKE IN THE EA.~iT LINE OF THE WESTERLY 15.50 ACRES OF SAID LOT 44; THENCE NORTH 15 G~GREES WEST 489.72 FEET ALONG SAID EAST LINE TO THE SECTION LINE; THENCE EAST ALONG SAID SECTION LINF, 99.00 FEET TO THE WESTERLY LINE OF SAID CRLIFORNIA CENTRAL RAILROAD RIGHT OF WAY; THENCE SOUTH 15 DEGREES EAST 462.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 2 OF THE QUITCLAIM DEED TO THE CIN OF ANAHEIM RECORDED SEPTEMBER 9, 1994 AS INSTRUMENT NO. 94-0550591 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: BEGINNING AT THE SOUTHEAST CORNER OF VINEYARD LOT "A2" AS SHOWN ON A MAP RECORDED IN BOOK ~1, PAGES 629 F,ND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA: RUNNING THENCE NORTH 15 D~GREES 31' WEST ALONG THE EASTERLY LINE OF SAID LOT, 792.82 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 74 DEGREES 27' 20" WEST ALONG THE NORTHERLY LINE OF SAID LOT, 85.25 FEET FROM 1'HE :ASTERLY LINE OF SAID LOT 872.32 FEET TO A POINT; THENCE SOUTH 15 DEGREES .Oo' EAS'i 96 FEET TO A POINT; THENCE SOUTH 13 DEGREES 18' EAST 114.60 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; THENCE NORTH 74 DEGREES 26' EAST 90.40 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City oi Anaheim on July 7, 1999 at 1:30 p.m., notice of said public hearing having been duly given as requ~~ed by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear a~~d consider evidence for and against said proposed conditional use permit and to fnvestigate ar~d make findings and recommendations in connection therewith; and WHEREAS, 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: CR3679PK.DOC -1- PC99-120 1. 7hat the proposed use is proo2rly one for which a conditional use permit is authorized by Anaheim Municipal Code Sectiorrs 18.61.050.501, 18.61.050.502 and •18.61.050.507 to permit a building materiai and contractor's storage yard and eutdr~or storage of recreational vehicles, boats and trailers. Sections 18.04.049.010(cl - Required site screenina. 18.04.049.050.053 (Minimum 6-foot hiQh masonrv wa~l required adjacent and 18.61.068 to residentiai uses and zoning on the west and adjacent to the railroad right-of-way on the east. and ive (51. twentv four (241 inch box sized trees required ad~acent to North Street; 6 to 7-foot hiah chain link fence with fabric mesh and vine screenina proposed along residential uses and the railroad, and no trees proposed adjacent to North Street) 2. That the waiver is hereby denied because there are no special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned praperties in the vicinity. 3. That strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 4. That the proposed use is hereby denied on the basis that is would adversely affect the adjoining land uses, which inciude residentiai uses to the west and to the east across the railroad tracks, and the growth and development of the area in which it is proposed to be located because the proposed outdoor storage yard would be visible and detrimental to adjacent and nearby multiple and single-family residential land uses. 5. That the size and shape of the site proposed for the use is not adequate to aliow full development of the proposal in a manner not detrimental to the particular area nor to lhe peace, health, safety and general welfare of the citizens of the C(ty of Anaheim; and that the size and shape would be adequate to construct storage buildings which would be more compatible with nearby residential land uses. 6. That granting of this conditional use permit would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and that development of this property witii land uses that are contained in enclosed buildings to provide visuai enhancement of this property would better serve the peace, health, safety and general we~fare of tho adjoining and nearby residents. 7. That the traffic generated by the proposed use would impose an undue burden upon lhe streets and highways designed and improved to carry the tra~c in the area. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRCNMENTAL QUALITY ACT FINDING: That the Anaheim City Plann:ng Commission has reviewed the proposal to permit a building material and contra~tor's storage yard and outdoor storage of recreational vehicles, boats and trailers with waiver of required site screening on properly consisting of two parcels: Parcel 1 is a rectangulariy-shaped 1.2-acre property with a frontage of 125 ieet on the south side of La Palma Avenue, a maximum depth of 430 feet, being located 125 feet east of the centerline of Pauiine Street, and further described as 740 East La Paima Avenue, and Par~ei 2 is a rectangular~y-shaped 1.5-acre property with a frontage of 85 feet on the south side of North Slreet, a maximum depth of 842 feet, and being located 159 feet east of the centeriine oF PauUne Street; and does hereby approve the Negative Declaration upon finding that the declaration reflects the (ndependent judgment of the lead agency and that it has considered the Negative Declaration together CR3679PK.DOC -2- PC99•120 with any comments received during the public review process and further flndfng on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anahefm City Pianning Commission does hereby deny subject Petition for Conditional Use Permit, on the b is of the aforementioned findings. THE FOREGOING RESOLUTION ad pte t P mmission meeting of July 7, 1399. CHAIRPERS , N EI CITY PLANNING COMMISSION ATTEST: .R,~J ~a~oR~ SECRETARY, AN!{~IiEiM CITY PLANNING COMMISSION STATF OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commissfon, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 7, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT NOES: COMMISSIONERS: NAPOLES ABSENT: COMMISSIONERS: ESPING n IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of __~~c~+ 1999. ~ ~ ~'e~ae~ SECRETARY, AHEIM CITY PLANNING COMMISSION CR3679PK.DOC -3- PC99-120