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PC 80-183RCSOLUTIOtJ r,o. ~c ao-~a !1 P,ESOLUT I O~J OF THE A~JANE I M C I TY PLANN I NG COMM I SS I OtJ THAT PET I T I O~J FOP. LO~JD I T I O~U~L USE PE~?M I T N0. 2124 DE GRP.NTED WHEREAS, the Anahcim City Planninq Commission did receive verified Petition for Conditional Usc Pcrmit fro~i LARP,Y R. SMITH, 17046 t•tarina Bay Drivc, Huntington Beach, California, 92G49, o~:rncr, ond C. DAV!~. BA55, 4917 Hazclnut Avenue, Seai Beach, California, 90740, a~ent, of r_crt~in rcal pro~~•,rry situated in the City of Anaheim, Lounty of Orinqe, St.ite of Caiifornia, describcd as: Tha[ por[ion of [he sou[hcas[ quarter of Section 15, Tot~~nship 4, ;outh, Range ll a:es[, in the kancho Los Coyotes, as shco-m on a map recorded in Book 51, Pagc ll of Miscellareous Maps, Pecords of Orange Counr.y, Galiforr.ia, described as follov~s: 9eginning at the in[crscc'_ior, ~~f thc sou[h line of said Scction 15 ~•iiih the nor[heas[erly right ot ~~~ay line of the Pacific Electric Railroad, 100.00 fee[ s•~ide, as described in deed to the Los Ar~geles Inter Urban Railo-~~y Ccx~oany recorded November 14, 1905 in Book 122, Page 278 0` Deeds, Records of Said Or~nge Coun[y; [hence along said righ[ of oia~ lin~ north 53 degrca 24' 00" ~•resi 52~.61 fee[; thence north 0 degrce~~ 1 j' 00" ~~~e5c 72.95 F~~e;' ihence nor[h 89 degrees 36' 00" east 222.30 fec; [o a linc 443.00 fcc[ ~•~es[erly and parallel wi[h the eas; linc of said Secti~n 15; thence alonq said parallel line sou[h 0 dcqrecs 15' 45" cast 170.00 fcet; thence nor[h 89 degrees 36' 00" eas[ 240.U6 fcet: thenc~~ south 0 degrces IS' 45" eas[ to the s~uth line of said Section; tncncc :rsterly .ilono said south line to [he poin[ of hcyinninq. cxccptinq chc.-cfra~•, thc southcrly j0.00 fce[ for road purposas. nlso excep[ing thcrcfrom ~ny por[ion iying west of the west line of the c~s[ 20.00 icres of the southe~s[ q~~arcer of ~he sou[heasi quarter of said Sec[ion 15. .lHEP,EAS, the CiCy Fl~nnii,c, Co~~r~ission did hold a public hearing at the Civic Cen[er in the City of Anaheir, an October 20, 1980, a[ 1:30 p.m., notice of said public hearing having been d~~ly 9iven as required by lar~ and in accordance ~•lith the provisions of the Anaheim Municir~l Code, Chap[er 18.03, to he~r and consider evidence for and against said proposed condicional use pcrmit ~nd to investigate and make findings and rCCOmmendJ[ionS in conneCtion [h~rc~•iith; and WHEREi~S, said CcN•,~ission, .~ftrr du~• in:p~c[ion, inves[ic;~tion and study made by i[self and in its bchilf, ~nd after due considrr-ntion of ~ll evidence and reports offcrcd .iI said hc~rinq, dc~r5 finc! .ind d~•trri'~in~ thc fol lo~•linq fic[5: I. Th;~t thr propo•.rd u~,~• iti propcrl~; ane for ti~hich i conditional use prrmit iti ~~uth.~rirr~! hy ~1n.~~~~•ir~ Nuni~ip,~l C~~dr Scction Ig.l+4.Oj0.080 to :•~it: tU ~~cr,~,iL .~ c:~r ~:.~~.h ir~ tli.• C1. t[~~~<.•r: inl, l ir~itrJf ~nnr. 2. Thot th~• prooos~d u~e :aill not ~~dvrrtirly ~f(rct thr adjoininq land u5iti .md Lli~ i~rc>,atl` ~nd .trvr{eip~°,rni ti~ tfir .~t'r,~ in ~•ttiich i t is propo~rd to be {oc~ted. rC8o-183 3. That the size and shape of the site proposed for the use is adequate to allow the full develupment of the proposed use in a manner not detrimenlal to the particular area nor to the peace, iiealth, safety, and general ~,~elfare of the ~itizens of the City of Anaheim. 4. 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 Anaheirn, 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved Co carry the traffic in the area. 6. That no one indic~ted their presence at said public hearing in opposition; and that no correspondence was received in opposition to the s~bject petition. EPIVIROt1ME1dTFlL IMPACT FINDIt~G: That the Anaheim City Planntng Cor~u~iissio~ has reviewed the proposal to permit a car ~•iash in the CL (Commercial, Limited) Zone on an irregularly-shaped pa rcel of land consisting of approximately 1.G acres having a frontage of approximately 13~ feet on thc north side of Ba;l Roa:l, and located approxiruately ?00 feet west of the centerline of Knott Street; ancl does hereby approve tiie Negatsve Declaration from the requirement to prepare an envircnrr~ntal impact report on the basis that there would be no significant individ~ial or cumulative adv~rse environmental impact due to the approval of this t7egative Declaration since the Anaheim Generai Plan desi,ynates tlie subject property for general commercial land uses commensurate with the proposal; that no sensitive environmentai impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmentdl impacts; and that the Negative Declara}:ion substantiatiny the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVEU that tlie Anaheim City Planning Comrnission does hereby grant subject Petition for Conditional lJse Permit, upon the folloa~ing conditions tivhich are her~by found to be a rnacessary prereyuisi(.e Co tne proposed use of the subject property in order to preserve the safety and general welfare of :he Citizens of the City of Anaheim: l. That a perpetual easement agreement with the owner of the property to the north and east, providing for circulation of trash trucks and vehicles from one parcel to the other, shall be submitted to the City Attorney's Office for review and approval;then be filed and r~:corded in the Office of the Orange County Recorder. 2. l'hat the owner(s) of subject property shall submit a letter requesting the termination of Variance No. 1893 to the Planning Department. 3~ That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 4. That Condit~on Nos. 1 and 2, above-mentioned, shall be complied with prior to the commencement of the acti:~ity authorized under this resolution, or prior to the time that the building permit is iss~ed, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -Z- PC8o-183 5. That Condition No. 3, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLUED that the Anaheim City Planning Commission does hereby find and determine that the adoptien of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the Final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOINf, RESOLUTION is signed and approved by me this 20th day of October, 19$p. ~~~~ ~~~ CHAIR AN "~- ANAHEIM CITY PLANNING COi1MISS10N ATTEST: ~~k ~ l~~L~~t.e.e~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AN/~HEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Cortmission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the A~aheim City Planning Commissior, he',d o» Octob2r 20, 1930, al i:3G p.m., by the following vote or the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIOtdERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October, 1980. ~lV ~ ~i~eC/LL-C-a~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC80-183