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PC 81-7Rtso~uTtori r~~. PC8t-7 A RESOLUT I ON OF THE A~lAHE I H C I TY PLA~IN I ~!G crn~~~ I ss I ori TNAT PETIT10~1 FOR CO~dDITIO~~AL U~c PERMIT H~. ?15'1 FE G4A`~TED VMEREAS, the Anaheim City Planninq C~rxnission did receive a verified Petition for Conditional Use Permit frrxn TAMOTSU UTA A~J~ lGA7.UY.0 OTA~ ~2~ Narth Anahelm Boulevard, Ana`~elm, California 92805, owners, an~1 YOSH R. YJI~IESHI~E, 112 North San Pedro Street ~20~i, Los Ang~tes, California 90~12, agent, of certain real property situated in the City of Ana!~eim, County af Or3naP, State of California, des~~ibed as: Lot Six in Block Four of "Tract Plo. 3n4~~, in the City nf Anahelm~ as shown on a Map recorded in Book 1A, paae 50 of Niscelianeous Maps, records of Orange County, California. Fxcepting therefrom the Westerly 2.;5 feet for widentng North Los Anqeles Street as conveyed to City of Anaheim by deed recorded December 2nd, 1°37 in book 916, page 350 of Official Records. WHEREAS, the Clty Planning Cor.imission did hold a ouf,lic hearinq at the Civic Center in the City of Anaheim on January 12, 1~81, at 1:3~ p.m.. notice of sald public heering havTng heen duly given as required hy laHi an~l in accordance with the Previsions of the Anaheim Municipal Code. Lhapter 1?.A3~ to hear and consider evidence for and aaainst said pr~posed conditional use permit an~' to investiqate and mal;~ fir~dings and recommendations tn connectTon ther~with; and WHEREAS, said Commission~ after dur inspection~ investiqatT~n ~nd study nade bY tiself and in its hehalf, and after due consideration of all evidence and reports offcred at said hearing~ does find and de`ermine the followTn~ facts: 1. That tna proposed use is properly one for ~ahich a cnndition:~l uSe permit is authorized hy .4naheim Municipal Code Sectton 1°.'~3.i3~.~tn to wit: to retain an automotive tiansmission repair si~on in ~~~r ~~ ~C~~n~~erci~i. i,~i~r.roii ~ur~e with a waiver of: SECTIOtJ 13.~6.~60.!122 and 1.~5-0 .050 - Minimum number of parkina spaces. 10 requireJ; ~existtng} 2. That the pr~posed use is granted on the basi~ that numernus automotive ser~ice businesses have been appraved in ttiis area al~nn Anahaim Boulevard. 3. That the ahove-mentioned waiver is hereby qranted on the basls that the request is minimal and denial rrouid deprive suhject prc+nertY ~f a privTleqe heing enJoyed hy other property owne~s in the sarx: zone and vtcinTty, an~f that tandem on- site parking is available, if needed. h. Thit the proposed use ~•rill not adversely aff.:ct the adjoTntr.q land uses and the gro~•~th ~,id development of the area ln which it is pronosed t~ he locat~cl. PC~i-7 5. That the size and shape of the site proposed for the use ts adequate to a11ow 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 grantlnn of the Conditlonal Use Permit under the conditions imposed~ if any~ wi11 not be detrtmental to the peace, health, safety and general welfare of the Cltizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and higix~~ays designed and improved to carry the traffic in the area. 8. That no one i~dicated their presence at saTd public hearing in oppos(tion; and that no correspondence a~as received in opposttion to the subject Pe[it'ion. EtlliiRONMEN7AL IMPAC.T FINDIPl,: 7hat the Anaheim City PlannTng Commission has reviewed the proposal to retain an automotive transmission repair sho~ in the CG (Commercial, General) Zone with a waiver of minimum numF,er of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 55~~ square feet~ having a frontage of approximately 50 feet on the east side of Anaheim Boulevard~ having a maximum depth of approximately 11~ feet and betng located approximately 4Q0 feet south of the centerline of La Paima Avenue (920 North Anaheim Boulevard); 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 cumulatlve adverse environmental impact due to the approval of this Negative Ueclaration since the Anahetm General P)an designates the subject property for general cormnercial land uses comnensurate with the proposal; that no sensitive environmental impacts are involved In the proposal; that the Initlal Study submitted ~Y 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 P)~nning ~epartrr,ent. NOW~ Thc„EFORE, BE IT RESOLVED that the Anaheim City Plannina Commission does hereby grant subject Petition for Conditional Use Permit, upon the following condttions 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 Cittzens of the City of Anaheim: 1. That the owner(s) of subject property shall deed to the Ctty of Anaheim a strip of land 10 feet in width from the centerline of the alley along alley for alley wTdening pu rposes. 2. That the o~•mer(s) of subiJect property shall pay tc~ the City of Anaheim a Fee~ tn an amount as determined by the City Council~ f~r strest lighting along AnaheTm Boulevard. 3. That trash storage areas shall be provicied in accordance ~aith approved plans on file with the Off;c~ of the Executive Director of Public 1Jorks. dedicated4to theaCityeofcAnaheimcand thentfiEedAinhthe Officeaof the,CountyrRecordery -2" PC81-7 -~ .-. said dedtcation to occur dt the time Anaheim Boulevard is widened to tts ultimate width. 5. That subject property shall be developed substantially in accordance with plans and specificatfons on file with the City of Anaheim marked Exhibit No. 1. 6. That Condition Nos. 1,2~ 3 and 5, above-mentioned, shall be complted wlth wlthtn a period of sixty (60) days from the date herein or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that the Anaheim Clty Planntng Commission does hereby find and determine that adoptlon of this Resolution is expressly predicated upon appllcant's compliance vrith each and all of the conditions herelnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of canpetent jurisdiction, then this Resolution, and any ePProvals herein ;ontained, shall be deemed null and void. TtiE FOREGOING RESOLUTtOtI is signed and approved by me this 12th day of January, 1981. Vi CHAIR AN~ ANAHEIM CITY PLANNIMG CONMISSIOM ATTEST: OC•(.~~.. ~ /~1~.~.~ SECR[TARY, AtJAHEIM CITY PLANPJING COMMISSIOPI STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AMAHEIM ) i~ Edith L. Harris~ Secretary of the Anaheim City Fianning Comnission~ do hereby certTfy that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commtssion held on January 12, 19R1, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ KING~ TOLAR NOES: COMMISSIONERS: NOPJE ABSENT: COMMISSIONERS: BARNES, HERBST 1981. IN WITNE55 WHEREOF, I have hereunto set my hand thTs 12th day of January, ~d~. d. ~ '~~TARTr,'A~~~ LANN ric coMH s ~~ -3- Pc81-7