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PC 83-156~ ~ RESOLUTION N0. PC83-156 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERI9IT NO. 2485 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from JKG COMPANY, 1461 North Red Gun Street, Anaheim, California 92806, ownec, and MORLEY TRUCK LINES, Il7C., 1001 North Grove Street, Anaheim, California 92806, agent of certain real groperty situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTI~)N OF LOTS 2 AND 4 IN BLOCK 6 OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67~ MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ AL50 DESCRIBED AS: PARCEL 4 Au SHOWN ON A PARCEL MAP FILED IN BOOK 41, PAGE SO OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 7, 1983, at 1:30 p.m., notice of said public h~azing having been duly given as required by law and in accocdance wikh 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 invt~tigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investiqation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hear~ng, does find and determine the Eollowing 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 permit a truck and trailer repair facility in the ML (zndustrial, Limited) Zone with waiver of: SECTION 18.61.068.030 - Required enclosure of outdoor uses. (wood slat and chain link fencina required; plastic slats proposed) 2. That the requested waiver is hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. #0029r PC83-156 2'{~ '.L 4. That the size and shape of the site proposed for the use is adequate to allow the full development of tt,e 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. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be deerimental to the peace, heai h, saEety and genezal welfare of the Citizens of the City of Anaheim. 6. 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. 7. That no une 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 permit a truck and trailer repair facility in the ML (Industrial, Limited) Zone with waiver of required enclosure of outdoor uses on an irregulatly-shaped parcel of land consisting of approximately 1.07 acres, having a frontage of approximately 142 feet on the west side of Red Gum Street, and further described as 1461 North Red Gum Street; and does hereby approve the Neyative Declaration upon finding that it has considered the Ne9ative Declaration together with any comments received during the public review proces~ and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOWr THEREFOF.E, BE IT P,°SQi.YED ;:i:3t the Anarieim Cily 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 propecty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That subject property shall be developed ~uL..~dilCldlly in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. Z• jhat prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall bc complied with. 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 conditions, or any part thereof, be declared invalid or unenfotceable by the final judgment of any court oE competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 'Z- PC83-156 : ~~. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of September, 1983. ~~~'~~ ~ ,~~_ CHAIRMAN, HEIM CITY PLANNING COMMISSIOP] ATTEST: `~~~ ~-,~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foreooing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on Septembex 7, 1983, by tt;e following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING~ LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September, 1983. n (~ ~.CJaS i /G . !'~V/.Fl/LL f.~ SECRETbRY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-156