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PC 80-6RESOLUTION NO. PC80 -6 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2053 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from JOYCE FOREST, ET AL, 1824 Palisades Drive; Pacific Palisades, California, 90272, owners, and GERALD MIHICH ARCHITECT INC., 3400 Irvine Boulevard, Suite 214, Newport Beach, California 92660, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 66.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on January 14, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings 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 properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.070 to wit: to permit an automobile service station in the CL (Commercial, Limited) Zone. 2. That the proposed use is hereby granted subject to the condition that a revised plan shall be submitted to and approved by the Planning Commission prior to the issuance of building permits showing a maximum forty -two (42) inch high block wall and landscaping along the westerly side of the 35 building setback from Lincoln Avenue. 3. That the proposed use is hereby granted subject to the condition that in accordance with Zoning Code Section 18.44.050.070, the applicant shall agree in writing to remove the structures in the event that the station is closed for a period of twelve (12) consecutive months; and that a service station shall he considered closed during any month in which it is open for less than fifteen (15) days. PC30 -6 4. 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. 5. 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 detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. 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 Anaheim. 7. 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 traffic in the area. 8. That one person indicated their presence at said public hearing in opposition; and that one letter was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an automobile service station in the CL (Commercial, Limited) Zone on a rectangularly- shaped parcel of land consisting of approximately 4.5 acres, having a frontage of approximately 330 feet on the south side of Lincoln Avenue, having a maximum depth of approximately 600 feet and being located approximately 650 feet east of the centerline of Gilbert Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Lincoln Avenue. 2. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Lincoln Avenue. -2- PC30-6 3. That sidewalks shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That a revised plan shall be submitted to and approved by the Planning Comission showing a maximum forty -two (42) inch high decorative block wall and landscaping along the westerly side of the 35 building setback from Lincoln Avenue. 5. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 6. That the owner(s) of subject property shall pay the difference in traffic signal assessment fees for any additional floor area of commercial building, based on the difference between the proposed service station and the previous buildings, prior to the issuance of a building permit. 7. That the proposed automobile service station shall comply with all signing requirements of the CL (Commercial, Limited) Zone. 8. That the owner(s) of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 307 to the Planning Commission. 9. 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 4; provided, however, that a landscaped planter and a maximum forty -two (42) inch high decorative block wall shall be constructed along the northerly 35 feet of the west property line. 10. That in accordance with Code Section 18.44.050.070, the applicant shall submit to the Planning Department for inclusion in subject conditional use permit file, a written agreement to remove the proposed structures in the event that the service station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) consecutive days. 11. That Condition Nos. 1, 2, 4 8 and 10, above - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 12. That Condition Nos. 3, 5, 6, 7 and 9, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption 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 -3- PC80 -6 final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall he deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of January, 1980. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Q Zcat., o f CHAIRMAN PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION z SECRETARY, ANAHEIM CITY PLANNING COMMISSION I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 14, 1980, at 1:30 p.m.,by the following vote of the members thereof: AYES: COMMISSIONERS: BUSHORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, 1980. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC80 -6