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PC 79-139RESOLUTION N0. PC79-139 A RESOLUTION OF THE ANAHEIM CITY PLANHING COMHI5510~! THAT PETIT~ON FOR CONDITIO~~AL USE PERMIT N0. 19?2 DE GRAIJTED WHEREAS, thc Anaheim City Plannin9 Carcifssion did recetve a verified Petition for Condi[tonal Use Permlt from ROGERS A. SEVERSON AND BARBARA A. SEVERSON, P. 0. Box 2750, Laguna Hills, California 92553, oamers, and ROGER LIPPINCOTT AND BRIAN GELINAS, 2381 White Star Avenue ~'E, Anaheim, California 92806, agents, of certain real property situated in the City of Anaheim, County of Orange, State of California, descrtbed as: Lots 159~ 160. 161, iG2 and 163 of the Eucalyptus Forest Trac[. as shown on a Map recorded in Book 5, pages 29 and 30 of Hiscellaneous Maps, records of Orange County, Californfa, together with the Southeasterly 20.00 fect of Santa Ana Street adjaining said lots on ihe Northwest and [he Sovthwesterly 2Q.00 feet of an unnamed street adjoining said Lot 163 on the Northeast, as vacated by the Board of Supervisors of said Oranae Coun[y on January 16, 1917 as shown in Htnute Eiook 17., page 372. Excepting therefrom [hat portfon thereof lying Southwesterly of the Northeasterly line of the land described in that cer[atn Final Order of Condemnation, Superior Court Case t~o. 126804, a ccrtified copy of which was recorded July 23, 1965 in Book 7505, Pa9e fQ5 of Official Records. FIffEREAS, the City Planning Commission did hold a public hearing at the City Nall in [he Clty of Anaheim on July 2, 197~, at 1:30 p.m., notice of said pubiic hearing having been duly given as requtred by iaw and in accordance with the provisions of the Anaheim Municipal Lode, Chap[er 18.03, to hear and consider evidence for and against said proposed cc~ditional use and to investigate and make findings and recortmendations in connec[lon therewith; and WHEREAS, said Commission, aftcr due inspection, investigation and study made by itself and tn its behalf, and after due consideratton of all evide~ce and reports offered at said hcaring, does flnd and d~ternine the foliowing facts: 1. That the proposed use is properly one for which a conditional use permit is auLhorized by Anaheim Municipal Code Sec[lon i°.51.050.180 to wit: to permit an exterminating service. 2. That the proposed use is hereby granted subject to the pe[t[loner's stipulation at the public hearing that of the three trucks kept in conJunction with the bustness, two would be driven home a[ night by emptoyees and the third would be stored (nsfde the building. 3. That the proposed use will not adversely a`fect the adJointng land uses and the growth and developmen[ of the area in which it is proposed to be tocated. PC79-139 "~ 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 detrimencal to the particular area nor to the peace, health, safety, and general weifare of the Citizens of [he City of Anaheim. 5. That, the granting of the Conditfonal Usc Permit under the conditions imposed, if any~ will not be detrimental to the peace, hcalth, 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 highways designed and improved to carry the traffTc in the area. 7. That no one indicated thelr presence at said public hearing in opposttion; and that no correspondence was recetved in opposition to the subJect pet(tion. EHVIROtIMElITAL IMPACT FINDING: That the Anaheim City Planning CommTsston fias reviewed the proposal to permit an exterminattng service on an trregularly-shaped parcel of land consisting of approximately 2.6 acres located nor[herly of the intersection af White Star Avenue and Blue Gum Street, and having approximate frontages of 380 feet on t.M_ northk^est side of Wnite Star Avenue and 310 feet on [he northeast side of 81ue Gum Street; and does hereby approvc thc Negative Declaratlon from the requirement to preparc an environmental impact repor[ on the basis Lhat ihere would be no significant indlviduai or cumulative adverse environmental impact due to [he approval of this Hegative Declaration since the Anaheim General Plan designa[es the subject prooerty for general industrtal land uses commensurate with the proposal; that no sensitive environmental impacts are Involved in che proposal; that the initial Siudy submltted by the petitioner indicates no stgnTficant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantia[ing the foregofng findings (s on file in the City of Anaheim Planning Department. NQ41~ THEREFORE. BE IT RESOLVED that the Anahelm Ci[y Planning Commission does hereby grant subject Petition for Conditional Usc Permit, upon the following conditions which are hereby found to be a necessary prerequtsite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citfzens of the City of Anaheim: i. That subJect prope~ty shall be developed substantially in accordance wtth plans and specTfications on file with the City of AnaheTm marked Exhibii Nos. 1 through 3. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applTcan['s canpltance ~alch each and all of the conditio~s hereinabove set forth. Should any such condttion. or any part thereof, be declared invalld or unenforceable by the ftnai Judgment of any court of corr~pe[en[ jurisdiction, then thls Resolutlon, and any approvals herein contatned~ shall bc deemed nuil and void. 'Z- PC79-t39 ( , THE FOREGOING RESOLUTION fs signed and a roved by mc t 2nd day of July, 1979. , NANEI TY PLANIIIPIG COMMISSI0~1 ATTEST: ~~ ~ 1~lJfi!/l.ti. SECRETARY, APIAHEIM CITY PLANNING COMMISSIOh STATE Of CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary o` thc Anahaim City Planning Canmission, do hereby certify ihat the foregoing resolution was passed and adopfed at a meeting of the Anaheim City Planning Commission held on J~~1; 2, 1?79. by the following vote of the members [hereof: AYES: COMHISSIONERS: BARNES. BUSHORE, DfiVID, FRY~ HEP.BST~ KING, TOLAR NOES: COh4"115SI~NERS: NONE AOSENT: COMNISSInNERS: NONE IN 1JITNE55 wI1ERE0F, 1 have hereunto set my hand this 2nd day of July, t979• SECR~~A ~ t~T AHEIM CigY Pl.At~~~~OMMIS510N -3- PC79-t39