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PC 80-76RESOLUTION NO. PC80 -76 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2074 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from RICHARD C. HUNSAKER, P. 0. Box 2423, Santa Ana, California, 92707, owner, and MR. TRANS, 2785 East Regal Park Drive, Anaheim, California 92806, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN IN A MAP FILED IN BOOK 113 PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 5, 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 18.61.050.601 to wit: to retain an automobile repair facility in the ML (Industrial, Limited) Zone. 2. That the proposed use is hereby granted for a period of three (3) years, subject to review for possible extensions of time. 3. That the proposed use is hereby granted subject to the petitioner's stipulations that there shall be no outdoor storage of vehicles overnight and that all work shall be conducted wholly inside the structure. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area to 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 Citizenf 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. PC80 -75 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 no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain an automobile repair facility in the ML (Industrial, Limited) Zone on an irregularly- shaped parcel of land consisting of approximately 1.5 acres having a frontage of approximately 380 feet on the north side of Regal Park Drive, having a maximum depth of approximately 150 feet and being located approximately 240 feet west of the centerline of Blue Gum 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 industrial 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 the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3895) in an amount as determined by the City Council, prior to the issuance of a building permit. building. 2. That all auto repair work shall be confined to the interior of the 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 4. 4. That the proposed auto repair facility shall comply with all signing requirements of the ML (Industrial, Limited) Zone. 5. That Condition Nos. 3 and 4, above - mentioned, shall be complied with prior to final building and zoning inspections. 6. That the use is hereby granted for a period of three (3) years subject to possible extensions of time upon written request by the petitioner if it is determined by the Planning Commission that the use has not had an adverse impact upon nearby land uses. PC80 -76 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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. 1980. ATTEST: THE FOREGOING RESOLUTION is signed and approved by me this 5th day of May, L h fe Q� dM4; SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) // F CHAIRWOMAN, 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 May 5, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of May, 1980. -3- L ( SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC80 -76