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PC 82-12s RESOi_uriori r~o. Pr,^a..-i~ a A RESOLUTIO^! OF TNE At•lAHEIM CITY PLAMNI~J~ COMMISSI~M THAT PETITIOPJ FOR CONDITIONAL USE PFR!11T N~). 22~3 '3E GRA~ITED WfiEREAS, the Anaheim City Planning Co~nmission did receive a verified Petition for Conditional Use Permtt from Elhert L. and Lida L. Smith, 12921 Wheeler Place, Santa Ana, California, 97_7n5, owner, and Budqet Rent-A-f,ar of Orange County, 404~ Campus Drive, Ne~~~port Beach, ~alifornia 976I,~, agent, of certatn real property situated in t!ie City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTIOM OF THE NORTHEAST QUARTER OF SECTION ??, TQWPJSHIP ~c SOUTH, RANGE 1Q WEST, IP! THE RAhlCHO SAN JUAPJ CAJ~N DF SANTA AN/1, AS SAID SECTION !S St10A~N ON A MI1P RECORDFD IN B~~K ~1, P~^,E 10, OF MISCELLANEOUS MAPS, ItJ THE ~FFICE OF THE Cl?Ur~TY RECORDFR OK SAID COUNTY, DESCRIBED AS FOLLOIJS: BEGINNINa AT A POINT Old THE SOUTHERIY LIME OF T!iE LAMD DESCRI~3F!1 IN DEED TO THE STA7E OF CALIFORNIA, RFC^RDED t1AY 5, 1^5!1, I~~ BO~K 2008, P~;ES 5II6 A~JD 538, QF OFFICIAL RFf,ORnS, EASTERLY 21~,n0 FEET FROM TH[ CENTER LI~lE OF HAFBOR BOULEVARD; THENCF SOi!TH n nEr,, 1h~ 25" EAS? 150.00 FEET, PARALLEL blITI-I SAID CE`lTER Ltr•IF 0~ HAP,BbR BOULEVARD; THENCE SOUTH 8~ DEG, 57' 00" 4/EST 150.0~ FEET TO A LIMF P/1RALLEL lJl TFi A~,ID EASTERLY C0. ~D FFET FROM SA I ~ CENT~R L I ~!E OF HARBOR BOULEVARD; TNEPJCE NORTH O JEG. 1.5' 2S" 4IEST ALr?Mr. SAI~ PARALLEL LINE, 144,55 FfET 70 SAID SOUTHERLY LI~IE OF THE LAND T~ THE STATE OF Cl1LIFORNIA; THE~dCE COPJTINItiN~ ALONG S/11~ SOIITHER~Y LINE NORTH ~~E DEG. 11' 29" EAST ~3.18 FFET A~1D PdO~TH 89 DEG. 57~ 00" EAST 1~F3.B3 FEET TO THE PO I ~JT OF BEr, I Iati I ~dr,. IJHEREAS, the City Planning Commission did hold a puhlic hearing at the City Nall in the City of Anahcim on February 3, 198?, at 1:3~ p.m., notice of said public hearing having beert d~ly given as req~ired by iaw and in accor~ance with the provisions of the Anaheim ~lunicipal Code, Chapter 1'.(?3, to hear and consider evidenc~ for and against said proposed conditional use permit and to investtnate and mal<e findi~gs and recommendations in co~nection there~•/ith; and WHEREAS, satd Commission, after due inspection, investigation and study made by itself and in its behalf, and after due considerati~n of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the prc,posed use is properly one for a~hich a conditional use permit is authorized by Anaheim !1unicipal Code Sectton 1R.r13,0;n,01n to ~vit: to retain an automobile rental agency in the RS-A-43,000 zone. 2. That the proposed use is hereby granted for a period of ten (10) months, unttl December 31, 1932; at ~~~hich time said use a~ill be subject to review for possible extensions of time. If an extensior is granted, it shall be requlred that the westerly driveway on 1•lanchest~r Avenue and the northerly drive~oay on Harbor Boulevard be removed and replaced ~~tth a standard curb, qutter and sidewalk. PC~;2-12 r:: '>:.;, . ~n srma ,.. ..._ , .. ....... .. .. r_..` , 3. That th~ proposed use, as grantec), ~~~ill not adversely affect the adjoining land uses and the growth and development of the area in wl~ich it is proposed to be located. i+. That tlie size and shape of the s(te proposed for the use, as granted, is adequate to allow the full development oP the prop~~sed 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 Conditlonal Use Permit under the conditions imposed, if any, tivill not be detrimental to the peace, liealth, safety ancl general welfare of the Citizens of the City of Anahr_im. 6. That the traffic generated by the pro~osed use, as granted, will not impose an undue burden upon the streets and high~oays designecl and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence ~aas received in op!~osition to the subject petition. EWVIROP111ENTAL IMPACT FIIJDIt~I,: That the Anaheim Citv Planning Commission has reviewed the proposal to retain an automobile rental agency on a rectangularly-shaped parcel of land consisting of approximately 0.5 acre located at the southeast corner of Mancnester Avenue and Harbor Boulevard (1~E00 South liarhor P.oulevard); and does hereby aPP~'ove the Plegative Declaration from the requirement to orepare an environmental impact report on the basis that there ~yould be no signtficant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan deslgnates the sub.ject property for commercial-recreation land uses commensurate ~•lith the proposal; that no sensttive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner tndicate~ no significant indivi~lual or cumulative adverse environmental impacts; and that tlie Negative Declaration substanttatin9 the foregoing findings is on file in the City of Anaheim Pianning Departr~ent. IJOIJ, THEREFORE, BE IT RFSOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Condittonal Use Permit, upon the followtng conditions whtch are hereby found to be a necessary prereouisite to the proposed use of the suhject property in order to preserve the safety and general ~~elfare of the Citizens of the City of Anaheim: 1, That the otdner(s) of suhject ~ropertY shall submtt a letter requesting termination of Conditional Use Permit Plos. 1735 and 1835 to the Planning Department. 2, That subject property shall be develoned substanttally in accordance wtth plans and specifications on file e•iith the Citv of Anahetm marked Exhibtt Nos, 1 :nd 2. 3, That Condition Nos, 1 and 2, above-menttoned, shall he completed within a period of sixty (60) days from the date l~eretn. -2- PC8?-12 BE IT FURTtiER RE50!VED tliat the Anaheim City Plannin~ Commission does hereby find and determine that adoptfon of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinahove set forth. Should any sucli condition, or any part thereof, be declared invaltd or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals lierein contained, shall be deemed null and vofd. THE FOREGOING RESOLiJTION is signed and approved by me this ~th day of February, 1992. ~~- ~. ~~r~' CHAIR~1AdJ~ APIAHEI'1 CITY PLP~I~IINr., COM'11SSION ATTEST: `~~.c~ ~ ,~~.. SECRETAf?Y, APJAHEIN CITY PLANNIN~ COMMISSIOPI STATE OF CALIFORNIA ) COUPITY OF ORANGE ) ss. CITY OF Af4AHEIM ) I, Edith L. Harris, Secretary of tF~e Anaheim City Planning Commission, do hero.by certify that tlie foregoing resolution ~•ras passed and a~fopted at a meetir~g of the Anaheim City Planning Commission held on February 3, 19°7_, hy the followinq vote of the members thereof: AYES: COMMISSIONERS: BARPlES, BOIJAS, QUSHORE, FRY, HERPST, KIPI~, FiC, BURNEY tJOES: COM!11SSIONERS: NONE ABSENT: COMMISSIOr1ERS: h1~NE 1932. IP~ IJITPJESS IJHEREOF, I I~ave hereunto set my hand this 3th day of February, ~~ .r`- ~,,.,,.~, SECRET~",RY, ANAHEI~1 CITY PLANNING COMMISSION -3- Pc82-12