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PC 85-177~'' ~ ' ~. ~~ w RESOLUTION N0. PC85-177 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERt9IT N0. 2704 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from hIURRAY WEISBERG AND TILLIE WEISBERG, 8725 Clifton Way, Beverly Hills, California 90211, owners, and ANAHEIM MAZDA, ATTN: RICNARD HEINZ, 601 South Anat~eim Boulevard, Anaheim, California 92805, agent for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 6~ 7 AND 8 OF GEERDES SUBDIVTSION~ IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNZA~ AS PER MAP RECORDED IN BOOK 8, PAGE 77, 61ISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING PROM LOT 6, THE NORTHERLY 10 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 22, 1985, at 1:30 p.m., notice of said public heacing having been duly given as re~uired by l~w and in accordance with the provisions of the Anaheim t9unicipal Code, Chapter 18.03, to hear and consider evidence for and aaainst said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WY.EREAS, said Commissior., after due inspection, investigation and study made by itself and in its beha.lf, and after due con~ideration of all evidence and reports offered at said hearing, do~s find and determine the following facts: 1. That the proposed use is properly one for. which a conditional use permit is auL•horized by Anaheim t4unicipal Code Sec*_ion 18.45.050.060 to wit: to permit an automot~.ie and truck storage and sales lot with waiver of the following: SECTIONS 18.pri.050.02"3 - htinimum numbcY of ^arf~ina spaces. 18.O:i.080 AI•JD (24 spaces required; 7 proposed) 18.4_,066.050 2. That the proposed use is granted for a period of eighteen (18) months, to expire on January 22, 19g7, 3. That the requested waiver is hereby granted on the basis that the parking waiver will not cause an increase in traffic congestion in tne immediate vicinity nor adversely affect any adjoining land uses and grar,ting of the parking waiver under the conditions imposea, if any, will not be detrimental to the peace, health, safety and general welfa:e of the cittzens of the City of Anaheim. 4. That khe proposed use will not adversely affect the adjoining land uses and the growth and development of the area in H~hich it is proposed to be located. USSOr PC85-177 -~.-~,,,... _...... _ ~ _ _. .. ,lN 5• That ti~e size and shape of the site proposed for the use is adequate to allow the fu11 development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and gene[al weliare ef the Citizens of the City of Anaheim. ~• That the grantin9 oE the Conditional Use Permit undet the conditions iniposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citize~;s o: the City of Anaheim. ~• That L•he trafEic genecated by the proposed use wil.l not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. $• That no one indicated their piesence at said public hearing in opposition% and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FIND"lNG: That the Anaheim City Planning Commissio~~ has reviewed the proposal tu permit an automobile and truck storage and sales lot with waiver of minimum number of ~~arking spaces on a rectangularly-shaped parcel of land con~isting of approximately 0.49 acre, located at the noctheast corner of Water Street and Anaheim Boulevard, and furthec described as 558 South Anaheim Boulevard (Anaheim Dlazda); and dues hereby apProve the Neyative Declaration upon finding that it has considered the Negative Declaratio^ together with any comments received du'ring the public review process and fucther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a si9~~ificant effect or. the er.vironment. t~IOW, THEREFORE, BE IT RESOLVED that the Anaheim City 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 property in order to preserve the safety and general welfare of the Citizens of the City of Anah~im: i, ^_'liat Lr~si, sLOtayc uteav sLall ~e provided aud maincained in accordar.ce wiCt, appcoved plans on file with the Street Maintenance ~n~ Sanitation Division. Z, That the use is yranted for a peciod of eighteen (18) months to expire on January 22, 1987. 3, That the existing three (3) driveways on Anaheim Boulevard and the most westetly driveway on Water Street shall be temporarily closed with chains and reflectors, subject to the approval of the City Traffic Engineer. y, That street lighting facilities along Water Street shall be installed as required by the UtiJ.ities General Pfanager in accordance with speciEications on file in the Office of Otilities General Manayer, and that. security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, s:iall be pocted with the City to guarantee tt,e satisfactory completion of the above-mentioned -2- PC85-17i h:>•• ,, , ~ ~~' _ , imFrovements. Said security shall be posted with the City of Anaheim within 3U days. The above-required improvements shall be installed prior to commencement of the activity authorized by this resolution. 5. That a11 existing underground stocage tanks chall be removed, unless otherwise approved by the Cil-y Fire t•larshal. 6. That no gatec shal.l be installed across any driveway. 7, That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanir.al and Fire Codes as adopted by the City of Anaheim. 8, That the proposal sha:l comply with all siqning requirements of the CG Zone, unless a varian~e allowing sign waivers is approved by the Planning Commission ur City Council. y, That any p~oposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures sha11 be directed away from adjacent property lines to proLect the residential integrity of the area. lU. That the property owner shall cepair or replace the existing sidewalk on Water Street which is broken and cracked to the satisfaclion of the City Engineer within a period of thirty (30) days Prom the date this permit takes effect. 11. That subject pcoperty shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 12. That prior to final bui.lding and zoning inspections, Condition Nus. 1, 3, 4, 5, 6, 7, 9 and ;.0, ab~ve-mentioned, sha11 be complied with. LE ?T FUlt~ii~:. i~L.riOLL~LD t,i,uL tiie pnaheim City P.lanning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and a11 of the conc'.itions hereinabove set forth. Should any such conditions, or any part thereof, be 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 and void. THB FOREGOING RESOLUTION is signed a~~d approved by me this 22nd day of July, 1985. ~~..~... ~~~~ CHAIRI4AN, ANAHEIM CITY PLANNING COMMISSION ATTEST: . ~ SECRETAk ~ ANAHEI61 CITY PLANNING COMMISSION -3- PC85-I77 ~r' -°-e~ ~~- ', _ ,.... _.._,.. ,i _. ^ • STATE ON CALIFpkNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. Edith L. Harris, SecreLary of the Anaheim City Planning Commission, do hereby certiEy that the fo~egoing resolution was passed and adopted at a meeting of the AnahEim City Planning Commission held on July 22, 1985, by the following vote of the members thereof: AYuS: CO[-lF1ISSIONER5: BOUAS, FRY~ HERBST, LA CLAIRE, LAWICKI~ MC BUI2NEY~ MESSR NOES: (:UEIFIISSIONERS: NONE ABSENT: COMMISSIONCRS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of July, 1985. n /JLl-~-~ ~ J~G~il.i i SECR~TA Y~ ANAHEIM CITY PLANNING COMMISSION -4- PCBS-177