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PC 76-72~ ~ RESOLUTIQtI N~. PC76-72 A RESOLUTION OF THE CITY PLIINIJING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR COPlDITIOPJAL USE PERMIT N0. 1611 BE GRANTED. WHEREAS, the City Planning Commission of the City of A~ahetm did receive a verified Petition for Conditional Use Permit f'rom FIRST AMERICAN TRUST, NORVALD ULVESTAD, 421 N. Main Street, Santa Ana, California '927~2 (Owner); BUDGET DYNO-TUHE LORP., 2n65 E. Coast Highway, Suite 207, Corona Del Mar. California A2625 (Agent) of certain real property situated in the City of Anaheim, County of Orange, State of California described as: l+11 that earW,n Lnd sitwtad in ths Ststa of California. Coumt~ of Orana~~ City of ~aah~. d`mcsibad aa fallowe: That portion af the Southaa~t qnartar of tha Sonths~t qnarttr oi L~ction 9. Townehip 4 Soath, IIang~ 10 Wa~t. S.B.S.i 25., d~~Crib~d a~ follo~s: I Bagiuniflg at th~ point of inters~ctioa of th~ iJsatarl) lios of tbat portioo oi thr eaid South~aat quaztsr of ehe Southweet qnart~r of SaeCion 9 eeere~~d to H. 0. Uaim~uaan b~ deed tacord~d Juaa 3~ 1926 in Eook 655. p~6e rJ7 of D~eds vith a line zrhich ie parallal vith and dieunt l0orth~r].~ 5G.00 !at feoa tba csater lins of Lineoln Avsnn~. vh7.c6 center lin~ L ttns Soath liaa o! said I Section 9; thenc~ North 89' 16' S4" Lst. along said psrall~l lin~. a di~- ~ tance of 147.47 feat; theace Nortbnasterly. Fortherl~ tIItl NflP~FlM't~t~rl~ al.~nt a tangeat eart~ to Lhs left haviag a radiue of ~0.00 1Fsat. thsougb sn ansl~ ef 139" SO' 16". a diatance of 73.22 faet to a poiat of eoapoemd eurw; thtaea Tiorthveoterly along a curve coacave Southwsterl~ having t radiur o! 960 f~ot a diatanee of 205 f~~t. mor~ or lass. to a poiat in the ~aid U~st~rly 11a~ ei~ tha prop~rty oo cenve7ed to E. 0. Banneoana ao har~inabava watienod; tL~oea SouthRrl~ tharsan to thn poiat of begicniag. F.zcepting therrfrme that portion of said lond deserib~d in daed to the Stat~ of Californin recorded Septe*ber 27, 1957 ia sook 6050, pag~ 359 of Offieial Rocordc. WHEREAS~ the City Planning Commission did hold a public hearing at the Clty Hall in the City of Anaheim on April 12, 1~75, at 1:3~ p.m., notice of said publie hearing liaving been duly given as requlred hy law and in accordance wlth the provisfons of the Anaheim Municipal Code, Chapter 19.03, to hear and consider evidence for and against said proposed conditional use and to investigate and make f~ndings and recommendations in connection therewith; and WHEREA5, said Commission, after due inspection, investigation and study made by itself and in its behalf, and af:er due consideration of all evidence and repnrts offered at said hetiring, does find and determine t'~e follot•~ing facts: 1, That [he preposed use is properly one for which a condttional use parmit is authorized by Code Section i~y.(i.n50.Q7n, to wit: permit an auto tune-up c~nter in thc ML (Industrial, Limited) Zonu, with waivers of: a. S[CTIOId 18.F.i.0~i3•~11 - Minimum structural setback. (5~ feet rec~uired; 71 and 3~ feet proposeA b. SECTION 1Fi.61.Oh3.0{{ - Minim~m landsca in .(10 feet requtred; none proposed 2, Th~t Waiver i-a, above-mentioned, is herehy granted on the basts that the buliding is existing, and the pump island will be converted to landscape planters, and, therefore, a hardship would be created if said waiver were not granted. 3. That Waiver 1-b, above-mr.ntioned, is hereby granted on the basis that the petitioner sttpulated to closiny the southe~sternmost driveway on Manchester Avenue and the easternmost drivea~ay on Lincoln Avenue, and providTng twe additional RESOLUTION N0. PC76-72 ~ ~ landscape ptanters adJacent to the right-of-~aay line at said closure, and c~nverting the existing punp islands to landscape planters. 4. That the p~titioner indicated lubrication of automobiles woul~ also be perf~rmed on subiect property in conjunction with thr, tune-un center, and the same is herehy granted. 5. That the petitioner indicated there a~tll he nn ovPrnPg!~t work or sCorage of automobiles on the site and no heavy engine worl: v~ill he performed. G, That the petitioner stipulated to filling the existing underground gasoline storage tanks as required by the Chief ~f the Fire ~epartment. • 7. That the Planning Lommission does her~by rr.c~mmend that, in lieu of instaltin9 the street lir~hts alnng Nanchester Avenue, the netitioner may pay te the Lity of Anaheim the sum of ~1.0~ per frnnt foot al~nq said street f~r street lightina purpnses. £i, That the proposed use wi11 not adversely affrct tl~e arljoining land uses and the 9ro~ith and developmr_nt nf the area in a~hich it is ~rnposed to be locate~l. q. That the size a rnl sliane of the site ~rnpc+s~~1 f~r thF use is adr.quate to allow the full development of thr prooosed usr, in ~ manner nnt detrimental to the particular area nor to the peace, f~ealth, safety. and general ~+elfare of the Citizens of the City of Anaheir~. 10. That the 9rantin~ of the Conditi~nnl llse Permit u~dcr the conditions imposed, if any, will not be detrir~ental to tlie peace, health, safety an~ gencral arelf~re of the f.itizens of thp City ~f llnaheim. 11. That one (1; rersn~ appeared at said puhlic hearing to asic questions concernin~ the proposal; that no ~ne indic~ted tfieir presence in oppositi~~; and no correspondence was received in opposition to SubJect pPtition. EtJV I RoN!1Et~TAL I~iPACT REPORT F I tID I Nr,; Th~t the Director of thr. Planning Department his determined that the proposed activity falls within thr, definition of Section 3.~1, Class 1, of the City of Anaheim f,uidelines to tlie Requirements for an Environmental lmpact Report and is, therefore, categorically exempt frnm the reauirement to file an EIR. tIOW, THEREFO~RE, HC IT RESOLVED that the Anaheim Ctty Planning Commissio~ does hereby grant subJ~ct Petition for Conditional llse Permit, upnn the f~llowing conditions which are hereby frnind tn be a necessary prerequisite to the proposed use of thc subject property in order tn preserve the safety and general aielfare of the Citizens of the f,ity of Anaheim: 1. That the owner(s) of suhJect pro~erty shall deed to the City of Anaheim a stri~ of land 4~ feet in a~idth from th~ centertine of the street alnng Manchester Avenue and '/6.~6 feet in width fr~m the centerline oP the str~et along Lincoln Avenue for street widening purpose5. 2, That siclewalks shall he in,talled along Manchester Av~nuP ~nd LT~coln Avenue as required hy the City Enginrrr anri in accordance v11th scandard n~l~ins ~ypd specifications. 3. That the owner(s) of suhJect prnperty `lha11 nly~ t~ the Gilty~ g~. A11~'het4m ths sum of S7..00 per fr~nt foot ~l~ng 11anchestcr Avenun ~lr s~reeS IC^ihtln.g pu~"~?~5191~s. 6, That the southeastPrnmost drivc~a~ay on 'lanc'?P~i(?~ Qi~L'^~ue aind thrt easternmost driveway on Lincoln 1lvenue shatl he cl~sed imd re.pF~ct~.~~ wtch ~aandaad curb and gutter and sidewall:, with landscape pl~nters`co he pmvided al-'!?'? t'~ ''~Q~*t' of-way line of said driveways, as stipulated to hy ttie ~e'titioner. 5, That the undcrground gasoline storage t~nks. be a~emnwe~ or ~fi,~I~1~d~ w~fE'ri sand or cement slurry as approved by the City Fire ~epartment. as siipulat~~l to ht( the oetitioner. F,, That trash storage :+reas shall he provided in ~CCt)fr~1:1l1CQ wlth ~~~ro~ed ~lans ~n file aiith the Office of th~ Director of Puhlic Works. _7_ RES(1LUTION N(1, PC7F-72 ~ ~ 7, That appropriate water assessment fees as letermined by the Director of Public Utilities shall be paid to the Lity of Anaheim prior to the issuance of a building permit. 3, That subJect property shall be developed substantlally in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 9. That Conditfon Nos. 1 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution or prior to the time that the buildtn9 permit is issued~ or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. 1Q. That Condition Nos. 2, ji, 5, S, and 8~ above-menttoned~ shall be complied with prior to final building and zoning inspections. it. That there shall be no overnight work or storage of automobiles on the subject nroperty; and no heavy engine work shall be performed on the site. THE FORERQIt~G RESOLUTIO'1 is signed and approved hy me this 12th day of April, t976. ~ CHA I ~ H. AI7AHE 1 C I TY PLANII I NG COMH I 55 I ON ATTEST: ~il%~J~ N`~~~~l~ SECRETARY, ANANEIM CITY PLAN!IIIJG COHt1lSSIOH STAT[ OF CALIFORNIA ) COUPJTY QF QRANGE )ss. CITY OF ANAHEIM ) ~, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anahetm, do hereby certify that the foregoing resolution was passed and adopted at a meeting af the City Planning Commission ~f the City of Anahein~, held on April 12, 197~, at 1:30 p.m., by tiie following vote of the memhers thereof: AYES: COMMISSIONERS: BARHES, HERBST, JONI:SOIJ, KI~lG, MORLEY, TOLAR, FARANO NOES: COMMISSIOtJERS: NO~IE ABSEt~7: COHHISSIONERS: NONE IN blITNFSS W~iEREOF, I have hr_reunto set my hand this 12th day of Aprtl. 197h ~~~,~ ,~~~.~ SECRETARY, AI~AHEIM CITY PLA~tPiINr, COMMi551oN _3- RESOLUTION N0. PC7S-72