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PC 85-243RESOLUTION NO. PC85-243 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION POR CONDITIOC7AL USE PERMIT NO. 2736 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did ceceive a verified Petition for Conditional Use Permit from LIGHTNING EXPRESS, INC., 918 Eas*_ Vetmont Avenue, Anaheim, California 92805, AT~N: JOSEPH FARGO, owner of certain real pc~perty situated in the City of Anaheim, Cour.t~ o£ Orange, State of Califo:nia, described as: THE WESTERLY 77•20 PEET OF THE NORTHERLY 10.00 ACRES OF THE EASTERLY 25.00 ACRES OF LOT 21 OF ANAHEIM EXTENSION~ AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY~ CALIFORNIA~ A COPY OF WHICH IS SHOWN YN BOOK 3~ PAGE 163~ AND FOLLOWING, EP~TITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the ~ity of .naheim on November 13, 1985, at 1:30 p.m., notice of said public heating having been duly given as required by law and in accordance with the provisions of the Anat~eim Municipal Code, Chapt~r 18.03, to hear and consider evidence Eor and againsr_ said proposed conditional use permit and to investigate and make findings and recommendations ir. connection therewith; and WHEk~AS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1• That the proposed use is properly cne for Which a conditional use oermit is authorized by Anaheim Municioal Code Sections 18.61.Q50.070 & 16.61.050.516 to wit: to permit automobile towing, repair and an impound yard with waiver of; SECTZONS 18.U6.050.0222 - Minimum number of parking spaces. 28.06.05~•~33• 18.06.080 AND 18.61.066.050 Z• That the requested waiver is hereby denied on the basis that it was deleted from the submitted plans subsequent to the legal public notice. 3• That the pcoposed use is hereby granted subject to the petitioner'$ stipulation at the public hearing that all vehicle repair will be limited to the petitioner's own vehicles used in connection with the towiny ~ervice. 9• That the proposed use, as granted, will not adversely affect the adjoining land uses and the 9rowth and development of the area in which it is proposed to be located. 0650r PC85-243 5• Thar_ the size and shape of the sitr_ proposed foc the use, as granted, i~ adequate to allow the full development of the proposed use in a manner not detrimental to the p~rticular area nor to the peace, health, safety and geneeal welfare of the Citizens of the City of Anaheim. 6• That the grantin9 of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, healch, safety and general welfare of the Citizens of the City of Anaheim. ~• That the traffic generated by the proposed use, as granted, will not impoSe an undue bur~]en upon the streets an~ highways designed and improved to carry the traffic in the aeea. 8• That no one indicated their presence at said public hearing in opposition; and that no correspondence was ~eceived in opposition to the subjec~ Pe~ition. ENVIRONt1ENTAL IMPACT PINDING: That thr Anaheim City Planning Commission has ceviewed the pcoposal to pecmit automobile towing, repair and an impound y~rd on a rectangularly-shaped parcel of land consisting of approximately 0.87 acre, having a frontage of approximately 77 feet on the south side of Vermont Avenue, and further described as 918 East Vermont Avenue; and does hereby app~ove the Negative Declaration upon finding that it has considered the Neqative Declaration together with any comments [eceived ducing the public review process and further finding on the basis of the initial Study and any comments received that thece is no substantial evidence that the pruject will have a siguificant effect on the cnv±ronment. NOW, THEREFORE, BE IT R6SOLVED that the T.naheim City Planning Commission does hereby grant subject Petition for Conditior~al Use Permit, upon the following conditions which are hereby found to be a neceysary prerequisite to the ?roPosed use of the subject p~operty in order to prerequisite to the proposed ~jse of the subject property in ordec to preserve the safetl and aeneral welface of Y.he Citizens of the City of Anaheim: 1. That prior to issuance of a building p2rm1~. the appropriate traffic Signai assessment f.ee shall be pa:~ to the City of Anaheim in an emount as determined by the City Council fu: nutdoor use~. 2, That drainage of subject property shal.l be disposed of in ~ manner satisfactory to the City Engineer. 3, That fi:e hydrants shall be installed and charged as required and deternined to be necessary by the Chief of the Fice Department. g. That the existing gatej entrance shall be relocated to a r~inimum distance of 40 feet from Vermont: Avenue as required by tne City Traffic Engineer. 5. That a11 lockable vehicular access gat-es shall be e4uipped with e 'knox box• device Lo the satisfactiun of the C;ty Fire Mac~hall. 6. Zhat tcash stora9e areas shall be provided and maintained in accordance with approveu plans on file with the Street Maintenance ~~~ Sanitation Division. -2- PC85-243 r- 7. Tpat the pteposal shall ~omply with all signing =eyuirements of the ML Zone, unless a variance allowing sign waivers is approved by the planning Commiss`on or City Council. g, That subject property shall be developed substantially in accordance with plans and specificatiuns on file with the City of Anaheim marked EXhibit No. 1. y, Z~hat Condition No. 1, above-mentioned, shall be completed within a peciod of thirty (30) ~'ays fcom the date of this resolution. 10. That prior to the commencement of the activity authorized under this resolution, ur final building and zoning inspections whichever occucs first, Condition Nos. Z~ 3, 4, 5, 6 and 8, above-mentioned, shall be ~omplied with. 11. That any on-site repzir shall be limited to the petitioner's own vehicles which arr. used in connection with the towing service, herein apP~ove~9. gE IT FURTHER FESOLVED that the Anaheim City Planning Commission does hezeby find and determine that adoption of this Resolution is exp[essly predicated upon applicant's compliance with each and all of the conditions hereinabove set focth. Should any such condition, or any part thereof, be declared invalid or unenferc?able by the final judgment of any court of competent ]~~isdiction, then this Resolution, and any approvals hecein contained, shall be deemed null. and void. THE FOREGOING RESOLUTION is signed and approved by me this 13th day of Novembec, 1985. r, r C~'_, ~ . 1 _( 11,c .t~_~ CHAIRWOPSAN, ANAHEIM CITY PLANyING COMMISSION ATTEST: /J /. ^ ~~1 ~ ~ ~. ~ ~t~/rt/L't/-~t.. SECkETARY~ ANAHEZM CITY PLANNING COMMISSION STATE OF CALI[~ORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Ser.retary of the Anaheim City Planning Commission~ do hereby certify that the foregoing cesolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 13, 1985. 6y the fullowing vote of the members therzof: AYES: COMMISSIONERS: BOUAS~ FRY~ HERBST, LA CLAIRE, LAWiCKI~ MC BURNEY MESSE NOES: COMMISSIONE1tS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I Have hereunto set my hand thia 13th day of November, 1985. ,~ f ~L. lt ~? ~~L,~ ~, SECRET Y~ ANAHEIM CITX PLANNING COMMISSION -3- PC85-243 . _......~^