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PC 80-197RESOLUTION tJO. PC80-197 A RESOLUTION OF THE ANAHEIM CITY PLANPJING CONMISSIJP! THAT PET(TION FOR CONDITIONAL USE P'cRMIT P10. 2131 BE GRANTED WHEREAS~ ;he Anaheim City Planning Commission did recetve a verified Petition for Condittonal Use Permit from THE LINCOLN GROUP, 1530 West Lincoln Avenue h201, Anaheim~ Catifornla~ 92801~ owner~ and CAP,ABE CORPO4ATION~ (WALLACE WARREN)~ 1705 Siva Street. Anaheim~ California 92804, agent, of certain real property situated in the City of Anaheim, County of Orange~ State of California, described as: Lots 4 and 5, T~act 658, as per Hap recorded in Book 20, page 36 of Miscellaneous Maps, in the Office of the County Recorder of said County. Except that portion thereof, as granted to the State of California by Deed recorded July 11, 1955 in Dook 3133, page 19 of Official Records. WHEREAS, the Ctty Planning Commission did hold a public hearing at the Civtc Center in the City of Anaheim on November 17, 1980~ at 1:30 p.m.~ notice of said public hearing haviny been duly given as required by lao-r and in accordance with the provisions of the Anaheim Municipal Code~ Chapter 13.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findtngs 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: 1. That the proposed use is ~roperly one for ~ahich a cc~~ditional use permtt is a~~th~rized by Anaheim NunicEgal Ccde Sectiac~ ;~.t~rc.050.G6G to wie: to permit an automotive sales~ service and repair facility. 2. That the proposed use Is hereby granted on the basis that all work shall be conducted wholly inside the building and that all for-sale vehicles shall be parked in designated on-site parking spaces, as stipulated to by !he petitioner. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the stze and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace~ health~ safety~ and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the condttions imposed, if any. will not be detrimental to thc peace~ health~ safety and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generared by the proposed use will not impose an undue burden upon the streets and highways designed and tmoroved to carry the traffic in the area. PC80-lqp 7. That no onP indicated their presence at said publlc hearing in opposition; and that no correspondence was received in opposttlun to the subJect petition. EtJVIRONMEt~TAI IMPACT FINDING: That the Anaheirti Ctty Planning Commission has reviewed the proposal to permit an automottve sales, service and repair factlity tn the CL (Commercial~ Limited) Zone on a rectangularly-shaped parcel of land consisting of approximately 0.9 acre. having a frontage of approximately 132 feet on the north side of Lincoln Avenue and a maximum depth of approximately 290 feet, being located approximately 520 feet west of the centerline of Eucltd Street, and further described as 1743 West Lincoln Av,nue; and does hereby approve the ~~egative Declaration from the requirement to prepare an environmental impact report on :he basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of thts Megative Declaration since ehe Anaheim General Plan designates the subJect property for general c~mmercial and general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Inittal Study submitted by the petitioner indicates no signiftcant individual or cumulative adverse environmentai impacts; and that the Negative Declaration substantiating the foregoing ftndings is on file in the City of Anaheim Planning Department. NOW~ THEREFO~E. BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition far Conditional Use Permit, upon the following conditions a~hich are hereby found to be a necessary prerequisite to the praposed use of the subJect property in order to preserve the safe[y and general welfare of the Citizens of the City of Anahetm: 1. That appropriate water assessment fees as determined by ihe Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuanr.e of a building permit. 2. That t~e owner(s} of subject properCy shati submit a ie:[Er requestirtg the termination of Variance No. 979s to the Planning Department. 3. That al) automotive servicing and repair work shall be conducted wholly inside the building. 4. That all for-sale vehicles shail be parked tn designated on-site parking spaces. 5. That subJect property shall be developed substantially in accordance with plans and specifications on file with the Ctty of Anaheim marked Exhfbit No. 1. 6, That Condition Nos. 1 and 2~ above-mentioned, shatl be complied with prTor to the commencement of the activity authorized under this resolution. BE IT F~'RTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of thts Resolution is expressly predicated upon aoplicant's compliance with each and all of the conditions hereinabove set forth. Should any conditian or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of c~mpetent Jurisdiction, then this Resolution, and any approvals herein co~talned, shall be deemed null and void, -2- PC8~-t9~ THE FOREGOIPlG RESOLUTIOP! is signed and approved by me thts 17th day of November, 1980. / ~1-~..Lu '~~ ~\ ~~ ! ~. ) U~'•~. Y~'~ CHAIRMAN RO TEM ORE ANAHEIM CITY PLANNINf COMMISSION ATTEST: G~ ~ /'~."`~~i1-~ s~ SECRETARY~ ANAHEIM CITY LANNING COMMI5510~1 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edtth L. Harris~ Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopied at a meeting of the Anaheim City Planning Commission held on November 17, 1980, at 1:30 p.m..by the follm~ing vote of the members thercof: AYES: COMMISSIONERS: BARN_S, BOUAS~ BUSHOP.E~ KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FRY. HERBST, TOLAR IN WIT~~ESS WHEREOF~ [ have hereunto set my hand this 17th day of Alovember, 1980. ~k€~` R~NA~ HE 1 M C I~ LANN I~ 1 S I ON -3- PC8o-t9~