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PC 85-40RESOLUTION N0. PCAS-40 A P,ESOLUTION OF THE ANAHEIM CITY PLANNZNG COMMISSION THAT PETITION FOR CONDITIOtdAL USE PERMIT N0. 2657 BE GRANTED i~ ' WHEREAS, the Anaheim City Planning Commission did receive a verified Petition Eor Conditional Use Permit from AJAX PgOPERTIES, 2151 South Hawthorne Boulevard, #1030, Torrance, California 90503 and LARRY REEDER, 13022 Casa Linda Avenue, Garden Grove, California 92644, agent for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 13 AND TFIE NORTH 42 FEET OF LOT 12~ TF.ACT 3251~ AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 100, PAGE 17 AND 18, MISCELLANEOUS MAPS, RECORDS 0° SAID ORANGE COUNTY, WHEREAS, the City Planning Corrtmission did hold a public hearing at the Civic Center in the City of Anaheim on February 4, 1985, at 1:30 p,m,, notice of said public hearing having been dull given as required by law and in accordance with the provisions of the 4naheim Municipal Cede, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use '• permit and to investigate and make findinas and recommendations in connection ` therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aEter due consideration of ~all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is p-operly one for which a conditional use permit is authorized by Anaheim Muni<:ipal Code Section 18.6.1.O5C.070 to wit: ta permit an auto body and paint shop in the ML (Industrial, Limited) = Zone with a waiver of the following: ~ SECTION 18.61.063.013 - Minimum landscaped setbacl- (5-feet required adjacent to Rose Street; None existing or proposed) 2• That the reque~ted waiver is hereby granted on the basis that there are special circurnstances applicable to the property such as size, shape,- topography, location and sur[oundings which dr~ not apply to other identically zoned property in the same vicinity; and that strict application of the 7.oning Code deprives the property of privileges enjoyed by other properties in the identical zone and classiEication in the vicinity. 3. That the proposed use is hereby granted for a period of one year, to expire February 4, 1986. 4. 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. 5• That the size and shape of the site proposed far the use is adequate to allow the full development of the 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. #0439r A PC85-40 ,.~f: ~ 6. That the granting of the Conditional Use Parmit under the conditions imposed, if any, wiil not be detr.imental to the peace, health, ~afety and general welfare of the Citi.zens of the City of Anaheim. 7. That the tcaffic 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. 8. That fo~r persons indicated their presence at said public hearing in opposition; and that no corcecpondence was received in opposition Lo the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plannin9 Commi~sion has reviewed the proposal to permit an automobile body and paint shop ?.n the ML (Industrial, Limited) Zone with a waiver of minimum landacaped ~etback on a rectangularly-shaped parcel of land consisting of approximately 0.42 acre located on the east side of Rose Street approximately 160 feet north of the centerline of Water Street, and further described as 540 - 544 South Rose Street; and does hereby approve the Negative Declaration upon finding that it has cor.sidered the Negative Declaration together with any comments received during the public review process 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 effe~t on the environment. NOW, THEREFORE, BF, IT RESOI.JED 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 praposed use of the subject pcoperty in order to preserve the safety and general welfare of the Cicizens of the City of Anaheim: 1. That fire spcinklers shall be installed as required by the Cicy Fire Marshall. 2. That a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 3. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation DiV1SiOn. 4. That all air cunditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential properties. 5. That due to the change in use and/or occupancy of the building, plans ~hall be submitted to the Building Division showing compliance with the mini.mum standards of the City of Anaheim, including the Un;form F3uilding, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 6. That any proposed parking area lightin~ fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fi~:tures shall be directed away from adjacent property lines to protect the residential integrity of the area. -Z- PC85-40 7. That L•he.re shall be no overnight outdoor stocage of or work on vehicles or vehicle parts. 8. 'Phat the r~aar doors shall remain closed during working hours. 9• '"hat eubject: property shall be developed substantially in accordance with plan~ and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the trash enclosure shall be relocated adjacent to the public alley located to the east of subject property, to the satisfa~fion of the Streets and Sanitation Division. 10. That prior to the commencement of the activity authorized under this resolution, or pr.ior to issuance of a building oermit, or within a period oE one year from the date of this resolution, whichever occurs first, Condition Nos. 2 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Dtunicipal Code. 11. That prior to the com*~iencement oE the activity authorized under this resolution, or fin~.l building and zoning inspections whichever occurs first, Condition Nos. 1, 3, 4, 6 and 9, above-mentioned, shali be complied w.ith. 12. That this permit sha;l expice in one ,year, February 4, 198G. BE IT FURTHER RESOLVEU that the Anahei~n City Plazning Commission does hereby find and determine that adoption of this Resolution is expressly peedicated upon applicant°s compliance with each and all of the conditions hereina6ove set forth. Should any such conditions, or any part thereof, be declared invalid or unenfocceable by the final judgment of any court of. competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is sigr.ed und approved by me this 4th day of February, 1985. / ~ ._----~ .__~,,\Y~//~~~ ` ~ ~~~~ ,_.CHAIRMAN, ANAHEYM TY PLA~ING COMMISSION ATTEST: n ~L/ (D ~ /. - X!L!~/~.~ ~~ci SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC85-40 3 ~ ~ ._... , ,-.::._.'_'... . . . a ~ :.,. ~ ~ . . . _ . . - _ 5TATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Seccetary of the Anaheim City Planning Commission, do hereby certify that the: f.ocegoing re~olution was passed and adopted at a meering of the Anaheim Cit.~ Planning Commission held on February 4, 1985, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ E'RY~ MC BURNEY I NOES: COMMISSIONERS: HERBST~ LA CLAIRE ABSENT: COMMISSIONERS: KING ' IN WZTNESS ;]HEREOF, I have hereunto s=t my hand this 4th day cf February, 1985. /~c~. ~' ~~ SECRET.ARY~ ANAHEIM CImY PLANNING COMMISSION -4- :•z °'~ ;w ~YO'~" ' . .. . . - PC85-40 ,ii 'r ~