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PC 79-89RESOLUTION N0. PC79-89 A RESOLUTION OF THE ANANEIM CITY PLANNING COMMISSION THAT PETITION FQR CONDITIONAL USE PERMIT N0. iQbB BE GRANTED WHEREAS. the Anahelm City Planning Commission dld receive a verified Petition for Conditinnal Use Permit from DUNN PROPERTIES CORPORI\TION~ 28 Brookhollow Drive, Sanca Ana~ Callfor~ta~ 927~5. a++~+er, and G. SCOTT HENDRY, 2517 North Broadvray. Santa A~a, Anaheim~ Lalifornfa 92701. a9ent, of certaln real property sftuated tn the City of Anaheim. County of Orange. State of California~ described as: The East half of the SouthNest quarter of the Northwest quarter of the Northeast quarter of Sectlon 26. Tamship 4 South, Ran9e 10 West (n the Rancho San Juan Cajor~ de Santa Ana. in the City of Anaheim. Lounty of Orange, State of California. as shown on a Map recorded In Book 51. page 10 of Miscellaneous Maps, rtcords of Orange County. LalTfornta. blHEREAS. [he City Planning Cammlssion did hold a public hearing at the CTty Hall in the Llty of Anaheim on May 7, 197°, at 1:30 p.m.~ notice of said public hearing having been duly given as re~uired by laW and In accordance aith the provisTons of the Anaheim Munictpal Code. Chapt^r 18.03. to hear and consider evidence for anci against said proposed tondittanal use and to lnvestlgate and make findin9s and recommendattons in connection therewith; anQ VHEREAS. said Cort~ission. after due irtspectlon, invcstigation and study made by Itseif and in lts befialf, and after due consldera[ton of all evidence and reports offered at sald hearing, does find and dctermine the follawinn facts: 1. That the proposed use is properly one for whlch a conditional use permit Ts autfiorized by Anaheim Munlc(pal Code Section 1$.61.C50.070 to wit: Lo permit an auto repair facllity in the ML (Industrial, Limited) Zone. 2. That the proposed use is hereby granted subjcct to the petitloner's stipulatTons that there shall be na outdoor storage of any kind and that there shall be no retall sales of parts or vehicles other than those parts used in con)unction w(th the on-site repair of vehicles. 3. That the proposed use will ~ot adversely affect the adjolnTng land uses and the gravth and development of the area tn which It is proposed to be located. 4. That the sTze and shape of the stte proposed for the use is adequate to alla+ the full development of the proposed use tn a manner not detrimental to the partlc~lar area nor [o the peace. t~ealth~ safety. and general welfare of the Cltizens of the City of Anahet~. 5. That the granting of the Condittonal Use Permit under the conditTons impased, If any, will not bc deirlmental to the peace, health. safety and general Melfare of the CTtizens of the City of Anaheim. PC79-8Q 6. That no one indicated their presence ai said public hears^; in opposition; and that no correspondence was recelved in opposition to the subject petition. ENVIRONMENTAL IMPALT FINDING: That the Anaheim City Planning Ccmmisslon has reviewed the proposal to permit an automobile repair facility in the ML (Industrial, Limited) Zone on a rec[an9ularly-shaped parcel of land consisting of aoproximately 4,7 acres, having a fronta9e of approximately 330 feet along the north stde of Paciftco Avenue. having a maximum depth of approximately 615 feet, being approximately 660 feet ea~t of the cen[erline of Leo-~is Street; and does hereby approve the Ne9atlve Deciaration from the requirement to prepare an environmental impact report on the basis [hat ihere would be no signiftcant ind(vldual or c~mulative adverse environmental impact due to the approval of this Negative Declaration since the Anahe(m General Plan designates the subject property for general industrial land uses commensurate with the Nroposal; tha; no sensitive environmental tmpacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulattve adverse environmental impacts; and that the Negative Declaration subs[antiating the foregoing findings is on file in the Lity of Anaheim Planning Department. 110W, THEREFpRE, BE IT RESOLVED that the Anaheim City Planning Commfssion does hereby grant subject Petition for Londitio~~at Use Permit, upon the following conditions which are hereby found to be a neces~ary prerequisite to [he proposed use of the subject property in order to preserve the safety and generai welfare oF the Citizens of the City of Anaheim: i. That approprlate water assessmen: fces as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permi[. 2. That fire hydrants shall be install~d and charged as required and determined to be necessary by the Chief of the fire Department prior to canmenc,~nent of structural framing. 3. That the proposed au4omobile repair factlity shall comply w(th all signing requfremen[s of the ML zoning. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Pubilc Norks. 5. That the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) tn an amount as determined by the City Cou~cil, prior to the issuance of a building permit. 6. That subject property shall be developed substantialty in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. _2_ PC79-89 7. That Conditton Nos. ~ and 6, above-mentioned, shall be complied with prior to final buTlding and zoning inspections. 8. That there shall be no outdoor storage of any kind and that there shall be no retail sales of parts or vehicles other than those parts sold In conjunction with the on-site vehtcle repair. BE IT FURTHER RESOLVED that the Anaheim Lity Planning Lommission does hereby ftnd and detenntne that adoption of this Resolution 1~ expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condi[ion, or any part thereof, be declared tnvalid or unenforceable by the final judgment of any court of competent Jurisdiction, then this Resolution. and any approvals hcrein contalned, sF~all be deemed null and void. THE fOREG01tIG RESOLUTION is signed and approved by me this 7th day of May, 5979. HA 1, A~A ~IM ITY LANNIN~ CONM15510N ATTEST: `~~C ~° ~,~.;. SECRETARY~ ANAHEIM CITY PLAt~NI~~G COMMISSION ~TATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harrts, Secretary of the Anaheim City Planning Lommtssion. do hereby certify that the foregoing resolution was passed a~d ado~ted at a mee[ing of the Anaheim Llty Planning Commisston held on May 7, 1979, by the foliowing vote of [he members thereof: AYES: LOHMISSIONERS: BARN~S, BUSHORE, DAVIO, HERBST, JOHN50N, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KING IN WITNESS WHEREQF~ I have hereunto set my hand thts 7th day of May, 1979. (a ~.(.~C~. ~ • l~ SECRETARY, ANAHEtM CITY PLANNING COMMISSION -3- PC79-89