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PC 82-37~ Rr:snLUTi nri ~i~. rc~2-37 A R.ESOLUTI011 OF TIfE Ah1AHFl~4 CITY PLADIhiI1Jf. C~1IHISSIOFI TIiAT PETITIOFI FOR CONDITInPlAL USE P[RMIT t10. 23n2 a[ r,R/1~lTED IJHEREAS, the /lnahein City Planning Comnission dici receive a verified Petition for Conditional Use Permit from LUG/1r0 EtITFRPRI5E5, Ih1C.,1!2~ Worth Magnolia /lvenue, .4naheim, California nz~~~~ o~~mer, o` c~rtain real prooerty situate~! in the City of Anaheim, County of Or~nge, State of f,alifornia, described as: PARCEL i THE 4lESTERLY 275.53 FEET OF TIIE IIQRTIiWEST QUARTER ~~ THE SOUTfi41EST QUARTER OF SECTI OtJ 7, 1 td TOldtlSfil P ti SOUTH, °ANGE 1~ 41EST, SAPI KERIJ/1RDIN0 [3ASE AND NERI~IAPJ, IN TItE CITY OF AIJA~iEIM, COUNTY OF OP,At1GE, STATE OF CALIFORNIA, AS SHO!dN O~d /1 MAP RECORDED IM B001< 4~ P61r,E 5p, P,ECORDS OF SURVEYS, IIJ THE OFFICE ~F TNE COUtJTY RECORDER OF SAID ORA~JGE COUI•ITY. EXCEPTINR TIIEREFR011 TIIE NORTHERLI' 195.~0 FEET. ALSO EXCEPTING THER[FP,OH THE SOUTfIERLY 6~~.00 ~EET. PARCEL 3: T!IE SOUTIIERLY 15Q F[ET ~F TfIE DlORTIIERLY 1~5 FEET (!F TFIE [ASTEPLY 75.53 FEET OF TtIE 1JESTERLY 275.>3 f'EET OF TIiE WORTH!JEST nUFlRTFR OF TIiE ;QUTIItJEST QUART[R OF S[CTIO~J 7, It~ Tn~dMSHIP ~! SOUTIi, RAN~E 1~ WEST, SAtJ [3Et21JARDIt10 BASE APdD MERID111M, It1 THE CITY (1F A1dAliEIM, COUIJTY OF ORAi~lGE, STI1T[ OF CALIFORIJIA, AS SHOIJPI OF! ~ h1AP RECORDED I IJ QOOK 1+9 PAGE yp, RECORDS OF SURVEYS, I M TfIE OFFI CE OF TPIE COUtJTY RECORDER (lF SAI D ORAPIGE COUPITY. 4JHERE/1Sr the City Planning Commission did hold a public hearing at the City ilall in th~ City of /inaheim on March 8, 1~87, at 1:3~ p.m., notice of said public hearing havin~ been duly given as required by law and in accordance urith the provisions of the Anaheim Municiral Code, Chapter t".n3, to hear ard consider evidence for and a9ainst said proposed conditional use permit and to investigate and mal<e findings and recemmendations in connection thereH~ith; and 1JEIERE/1S, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offerad at said hearing, does find and determine ttie following facts: 1. That the prop~sed use is properly one for which a condi~ional use permit is authorized by Anaheim hlunicipal Code Section 1£?.l~h.r150.nr,~ t~ wit: to permit an auLonnbile rental agency in the f,L (Commercial, LimiteJ) 7one. 2. That the proposed use in herehy granted for a period of one (11 year, subject to the revieti•r for possible extersions of time by the Ptanning Commisston, upon ti•rritten request from the petitioner. Pc82-37 '`~a:o~. ....: _ , r> i; ~-. 3. That the ~roposerl use sh~ll he limited t~ a maximum of 7.~ on-site vehicles, as stipul~ted *.o hy the petitioner. 1+. That tl~e proposed use is herehy granted suhject to the crndition that the parking area for automobile storage area shall not he fenced. 5. That the proposed use ~•~ill rx~t adversely affect the adioininc; land uses and the growth and development of the area in which it is pronosed to be located. G. That the size and shape of the site proposed for the use is adequate to alloa~ the full de~~elopment of the ~roposed use in a manner not detrimental to the particutar area nor to the ~eace, health, s~fety, and general u~elfare of the Citizens of the C i ty of /lnahe i m. 7. That the granting of :he Conditional l;se Permit under the conditions imposed, if any, ~•~ill not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. ~. That the traffic generated by the proaosed use ~~rill not impose an undue burden upon the streets and higha~ays designed and improved to carry the tr~ffic in the area. ~. That no one indicated their Dresence at said public hearin~ in opposition; and that no correspondence vias received in o~position to the sub.iect petition. ENVIROtUtEt~ITAL IMPAf,T FItIDIIdG. That the Anaheim City Plannin~ f,ommission has revieHied the propos~l to rermit an autorn~bile rental anency in the f.L (Commercial, Limited) 7_one on an irregularly-shaped p~rcel of land consisting of ap~roximately ?.5 acres lor.ated south and east of the southeast corner of Crescent Avenue and Plagnolia Avenue (5;~ ~lorth Flagnolia Avenue); and does herehy approve the Paegative Declaration from the requirernent to prepare an environmental imract report on the basis that there would be no significant individual or cum~lative adverse environmental impact due to the approval of this IJegative Declaration since the llnaheim ~eneral Pian designates the subject preperty f~r general c~mmercial land uses commensurate with the proposal; tfiat no sensittve environmental impacts are involved in the oroposal; that the Initial Study submitted by the petitioner indicates no significant individual ~r cumulative adverse environmental impacts; and that the Negative peclarati~n substantiating the foreg~ing findings is on file in the City of llnaheim Planning Department. N0~;1, TIiEREFORE, QE 17 RESOL~~ED that the Anaheim C•ity Planning Commission does hereby grant sub_ject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prere~uisite to the proposed use of the sub_ject property in order to preserve the safety and general welfare af the Citizens of the City of Flnaheim: 1. That ap(~ropriate o~ater assessment fees as determined hy the Office of the Utilities f,eneral Flanac~er shall he paid to the City of /lnaheim prior to the issuance of a building permit or prior t~ commencement of the activity, ~vhichever occurs first. 2. That the oumer(s) of subject pronarty shall pay *_he traffic signal assessment fee (Ordinance tao. 34~~) in in amount as determined hy the City -2- PC82-37 . :; :.......~. ~ t~ ~ ~ Council, for commercial buildin~s prior t~ the issu~nce of a buildin~ permit or prior to commencement of tlie activity, whichever occurs first. 3. That subject property shall be develo~ed suF~stantially in accordance with plans an~l specifications on file ~~ith the f.ity of ,~n~heim marl<ed Exhibit No. 1; provided, hotivever, that there shall be nn fencinr~ of any type ar~und the parking area for rental automobile storage. 1E. Tnat i~ order to determine ~•rhether any adverse effect a~i 11 result from the granting of the ~reposed use, the Planning ~ommissi~n grants said use f~r a period of one (1) year, after which time and u~on ~aritten renuest hy the petitioner, consideration may be given as ta ~~rhether the use should he extended. 5. That the use shall be limited to a mar.imum of t~•renty (20)'on-site rental vehicles. !3E I? FUR7HER RESOLVFD that the .'1nah=im City Plannin!7 Commission does herebv find and determine tliat adoption of this Resolution is expressly predicatsd upon applicant's comrliance a~ith each and all of the conditions hereinabove set forth. Shouid 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, shail be deemzd null and void. tc,$2. TI1E FORE~01Plr R[SOLUTIbtI is signed and a~proved by me this Sth day of March, 2 .~o--~- CHAIRt1A'1, A~lAHEIM CITY P AP;hlINf C(1~1111SSIOP! ATTEST: ~i~,( L/s, /5 • ilY~/~ SECfiC•TARY, AtJAHE I M C ITY PLAI~tlI NG COt•11~11 SS I OPI STr1TE. OF CALIFORt4iA ) COUtlTY aF ORAtJr,E ) ss. CITY (1F APJAHEIt1 ) i, Edith L. liarris, Secretary of the Anaheim City Plannin~ Commiss~~n, do hereby certify that the foregoin9 resolution~,ras passed and adon~ed at a meeting of the An3heim City Planning !:ommission held on 1•tarch $, 1°£'2, by the folirn~ing vote of the mem6ers thereof: AYES: COMI9ISSIONERS: [iAF(dES, anuns, E3USHf1RE, FRY, HERBST, KING, 1".C f3UP.NEY I~OES : ~.OMt•1155 I ~IlERS : t•1011[ ABSEtJT: COMhtI SS I ODIERS : tI01JE IN 111TP~ESS 47NEREOF, I have hereunto set my hand thi:: ~2th day of tlarch, 1~82. ~~ ~ ~~~ SECRETl1R1', AIJAHEIM CITY PLANNIM~ COMMISSIOM -3- Pc82-37