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PC 80-82P,ESOLUTI01! P10. PC~^-O2 A RESOLUTIO!! OF THE APIAHEI!1 CITY PLAiI`lI41~ C01t.'11SS1~"! THAT PETITIOt•I FOR C0IJDITIOPIAL USE PERh11T M0, 207.^, EE GRA~JTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditiunal Use Permit from NOR11A"1 A. RO[3SOhJ A~JD LORfIA P,(1gS~Pl, u773 Tiki Dr1ve, Cypress, California, 90630, owners, and PHILIP F, MIRAGLIA, 2627 West Broadway, Anaheim, California 928~k, agent, of certain real property situated tn the City of Anaheim, County of Orange, State of f,alifornia, described as: PARCEL t: The Easterly 173.5~ feet of the West'erly 7_11.50 feet of the blesterly 264.00 feet of the 4lesterly half of the Southerly half of the Southeast quarter of the Southcast quarter of Section Eight, Townshio Four South, Range Ten West, S.B.B. & Pt, lyinc Easterly of the Westerly 3 acres of said Westerly half, Excepting ~.herefrom the PJortherly 17(.!~0 feet. Also excepting therefrom the Southerly 369.5~ feet. WHEREAS, the City Plannin~ Commission di~i hold a puhlic hearing at the City Hall in the City of Anaheim on Piay 1~, 1~3!1, at 1:3^ p.m., nottce of said pubiic hearing having been duly given as required by laa~ ancl in accordance a~ith the provisions of the Anaheim Flunicipal Code, Cha~ter 18.~3, to hear and consider evidence for and against said proposed c~nciitional use permit and to investigate and make findings and recommendations in connection *_here~oith; and WFiEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after du~ consideration of a11 evidence and reports offered at said 'nearing, d~es find anu deterrine ti~e foiiowing facts: 1. That the proposed use is properly one for wfiich a condttional use permit is authorized hy Anaheim Ptunicipal Code Section 1R.~1.Q;q,070 to wit: to permit an auto repair facility in the M(. (Industrial, Limited) Zone, 2. That the proposed use is hereby granted for a pertod of three (3) years, subject to review and consideration for possible extensions of ttme. 3. That the proposed use is herehy granted, subject to stipulations by the petitioner that all ~•~orl: shalT be conducted wholly inside tha bullding and there shall be no outdoor storage on the subject property. h. That the proposed use ~~ill not adversely affect the adjotninR land uses and the gravth and development of the area in which it is prop~sed to be located. 5. That the size and shape of t:ie sitc proposed for the use is adequate to allow the ful! development of the proposPc use in a nanner n~t detrimental to the parttcular area nor to the peace, health, safety, and general ~~~elfare of the Cit!zens of the City of Anaheim. PC80-$2 6. That the grantiny of the Conditional Usc Pernit under the ~onditions imposed, if any, will not be detrimental to the peace, health, safety and 9eneral welfare of the Citizens of the City of Flnaheim. 7. That the tra`fic generated by the nroposed use ~~rill not impose an undue burden upon the streets and higha:ays design~d and improved to carry the traffic in the area. ". That no one in:iicated tlieir p:c_~~nce at said public hearing in opposition; and that no correspondence ~~as received in opposi*_ion to tiie subjec:t petition. EPI~/IRONPI[^dTAL IMPACT FIP'DI^IG: That the Anaheim City Planning Commission has revie~~ed the proposal ta permit an auto repair facility in the "1L (IPJDUSTP.IAL, LIMITED) ZO'!E on a rectangularly-shaped parcel of land consisting of approximateiy 0.45 acres having a maximum depth of aoproximately 113 feet and being located approximately 37~ feet north of the centerline of Lincoln Avenue and !~6~ feet east uf the centerline of Crescent lJay; and does herehy a~prove the tleqative Declaration from the requirement to prepare an environmental impact report on the basis that there tvould be no significant individual or cumulative adverse environmental impact due to the approval of this ~+egative ~eclaration stnce the Anaheim General Plan designates the subject property for general industrial land uses corrmensurate ~vith the proposal; that no sensitive environmentai impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no sic~nificant individual or cumulattve adverse environmental impacts; and tha[ the Negative Declaration substantiating the foregoing flndings is on file in the City of Anaheim Planning Department. N01•!, THEREFORE, DE IT RESOL`!ED that the Anahein Ciiy Planninq Commission does hereby grant suhject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequistte to the proposed use Of the SUh;QGi pr~perty I(1 or~i~r tn ~r~+~~rv~ th? Saf^t~ ~!7!~ ~~r,^r~? ',•J^~F?T'n pf L~TC Citizens of the Ctty of Anaheim: 1. That all automotive repair worl~ shall t,e conducted viholly inside the building. 2. That subject property shall be developed suhstantially in accordance with pians and specifications on file arith the City of .Anaheim marlced Exhihit Nos. 1 through 3. 3. That the proposed auto repair shop shalt comply ~•,ith all signing requirements of the ML (Industrial, Limited) Zone. 4. That C,ondition PJos. 2 a~d 3, above-rnentioiled, shall be complied with prior to commencement of the activity approved herAin or prior to final building and zoning inspections, ~ahichever occurs first. 5. That the o~~mer(s) of subject property shall pay the ~lifference between the industrial and comnercial traffic signal assessment iees ((!rdinance No. 3"~C~), in an amount as determined by the City Council, prior to commenceme~t of thP activity approved herein or prior to issuance of a buildtng permit, whichever occurs first. -2- PC8~-~32 BE IT FURTIIER RESOLVED that the Anaheim C'T.y Plarnin~ Comnission does hereby find and determine that ~doption of this Resolution is e~pressly predlcated upon applicant's compliance ~~ith each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, he 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 end void. 19~0. THE FOP,EGOI~QG RESOL!ITIOt! is signed and approved by mr_ this l~th day of May, ~ "e.i ~o • I/~ SC~ cu ~ CHA ~ R!!OMl1~l, AP!/:HE I'1 C ITY PLANH I Mr, COMM .~ ION ATTEST: `r,os"~ ~°. ~[~.:.. SECf'ETARY, ANAH[IPt CITY PLANtlItJG C0~1~11SSIOrI STATE OF CALIFOR~IIA ) COUtJTY OF ORAPJG[ ) ss. CITY OF APlAHEIhf ) I, Edith L. Harris, Secretary of the Anahein City Plannina Commission, do hereby certify that the foregotng resolution 4~as passed and adopted at a meeting ef the Anaheim City Planning Comnission held on t1ay 1^, 1~30, by the foilrn•~ing vote c~f the members thereof: AYES: COF1P11S510`IERS: BARNES, BUStIORE, ~A\~ID, FRY, HERPST, I:1'If,, TOLAR NOES: COHMlSS10`IERS: tl~NE AFiSENT: COMFIISSIOMERS: NOflE IP! WITFlESS 41HEREOF, I have hereunto set my hancl this l~th day of May, 199~. ~~ ~ • ~~ SECRETARY, ANAHE I M C I?Y PL.4~Ir~ I tar, COMH I SS I0~! -3- ~C8o-82