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PC 77-208.~ RESOLUTIOI: ~IO. PC77-20(3 A RESOLUTIOtJ OF THC ANAHEIM LITY PLANNING CO~~!115510P7 THAT PETITIOt! FOR CO~~DITIOPlAL USE PERNIT ~70. 17L9 BE GRA~~TED WNEREAS, the Anaheim City Planning Corrnnission did receive a verified Petition for Conditional Use Permit from LILYAP! P. LYNN, ALFRED F. SKLUTH AND HOWARD LY~~N, 70~ Nor[h P,oxbury, Beverly Hills, Cali`ornia 9(~?.iQ, owners, and MUFFLER MASTERS, INC., 16~0 Dove Street, x329, tJe~+port Beach, California 92650, a9ent, of certain real property si[uated in the Lity of Anahcim, Lounty of Orange, SCate of California, described as: The Sou[h 159 feet of thc Wes[ 144 feet, measured alonn the 4Jesterly and Southerly lines of [he Southvrest auarter of thc SouthY~est quarter of Section 13, Torrnship 4 South, Range 1!1 West in [he Rancho Los Coyotes, as per map recorded in book 25, page 27 of Recerd of Surveys, in the office of the Coun[y Recorder of said county; and WNEREAS, the City Planninq Commission did holri a public hearing at the City Hail in the City or Anaheim on 5eptembcr 12, i°77, at 1:30 p.m., no[ice of said pubtic hearing having been duly given as required by lar~ ~nd in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.~3, to hear and consider evidence for and against said pronosed conditional u.e and to investigate and make findings and recorronenciations in connection ihere~~ith; and WHEREAS, said Cormission, af[er due inspection, invr_stiqation ~nd study made by itsclf and in its behalf, and after due consideration of all evicie~ce and reports offered at said hcaring, does find and deternine the following fac[s: 1, That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 13.03.030.!11Q to wit: to permit ~n automobiYe brake and muffler shop in the CL (Cn~~r~ERr.I~L, LIHITED) Zone. 2. That tne proposed use is hcreby granted subject to the petitioner's stipulation to designate the access poin[ on Hagnolia Avcnue as a right turn exit, said driveway to be posted wi[h appropriate signs and arrow~ painted on [he pavement so desi9nating. 3. That the proposed use will not adversely affect [he adjoining land uses and ihe gror~th and d~svelopment of [he area in ~•~hlch it is proposed to he located. 4. Ti:.~.s i=.- ~ zc: ~~::: .~'~a;i~~ 1!" Lne si[e propr~ced f;~r t~~e use is a±ic-:;~::n:. al low [hc fui'~ ;:...,~. ,. ._,. ., =n.~ nroncsed use ;r, a manner nat detrimer;cai to • the particular area ~•~r .;:,,- _~~.r. ;._ .?s!• <_a'ary, a~d general we:ifare c,f t;e CiCi:e~s of the City of An~.*.ci;.-, 5. That [he 9ranting of thc Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Ci[izens of [he City of Anaheirr. PC77-208 _ ~ 6. Tha[ no one indicated their presence at said public hearing in opposition; and that no correspondence o~as received in opposition to the sub.ject petition. ENVIROtJMENTAL lNPACT FINDIt~G: Tnat the Director of the Planning Department has de:ermined that the proposed activity falis within the definition ~f Section 3.01, Class 3, of ~he ~~Ity ~f Anaheim Guidelines to the Requirements for an Environmental Impact Reanr[ an~ is, therefore, categorically exempt from the ~equirement to file an F.tR, F704!, THEREFOP,~, ~•F. ~'i P,ESOLVED that the Anaheim City Planninq Commission does heret;y grant subject Pe[Er,ion for ConJitional Use Permit, upon the follcwing conditions which are herehy found to be a necessary prerequisite to the ~roposed use of the subject property in order to ~reserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That [lie oo-mer(s) of subject property shall deed to [he City of Anaheim a strip of land 53 feet in ~aidtfi from the centerline of the street along Ball Road and Magnolia >>venue for strce[ widening purposes. 2. That sidewalks shall be installed as required by the City Ennineer and in accor~Jance v~ith standard plans and specifications on file in the Office of the City Engineer. 3. That stree[ lighting facilities along Ball Road and Nagnolia Avenue shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certificate of deposi[, letter of credit, or ca,h, in an ar~ount and form sa[isfactory to the City of Anahci~n shall he pos[ed with the City to guarantee the installation of the above-mentioned requirenents. 4, That the oo-:ner(s) of subject pr~per[y shall nay to the Ci[y of Anaheim the s~m of 60 cents per front foot alorg Ball Road and 1lagnolia Avenue for tree planting purposes. 5, That suhject property shall be served by underqround utilities. 6. That trash storagc areas shall be nrovided in accordance s•~ith approved plans on fiie oiith [he Office of the Director of Public Works. 7. That suhjec[ prooerty shall he cieveloped substantially in accordance with plans and specifications on file r~ith the City of Anaheim marked Exhibit No. 1, providecl, however, [hat the drive4~ay on ~fagnolia Avenue shall he res[ricted for right [urn only enirance and exit; said drive4~ay [o hc posted ~•:ith the ~ppropriate signs and arrows painted on [he pavement so designating. 8, 7h;.t Condition tlos. 1, 3, and !~, ahove-mentioned, shall be complied with prior to tlie cr_,mmencement of the ~ctivity autl~orized under this resolution, or prior to the time tha[ thc building permit Is Issued, or within a period of one year from date hereof, whicliever occurs first, or such further time as the Planning Commission may grant. 9, Tha[ Conditlon Nos. 2, 5, 5 and 7, above-mentioned, shall be comptied with prior to final building and zoning inspections. _~. PL77-2o8 THE FOREGOI~~G RE59LUTION is stgned and approved by me this 12th day of September, 1977. CHA I RHA ~, A~JAHE I N C ITY PLANt! I ~IG C~ I ON ATTEST: `~~~~ a° ~~. SECRETARY, ANAHEIM C1TY PLANNING COMHISSIOtI STATE OF LALIFOR~iIA ) COUNTY OF ORAPIGE ) ss. C ITY Of APIAH: IM ) I, Edith L. liarris, Secret~ry of thc Anaheim City Planning Commission, do hereby certify [hat the foregoing resolution rres passed and adopted at a mee[ing of the Anaheim City Planning Commission held on September 12, 1~77,at 1:30 p.m., by the folloa~ing vote of the memhers [hercof: AYES: COMMISSIOF![RS: BARNES, DAVID, JOHNSON, Y.ING, LINN, TQLAR !lOES: C0~1M15510"7E.°.S: HERBST ABSENT: COMMISSIONEP,S: NONE I11 WIT~lE55 WHEREOF, I have hereunto sct my hand this 12th day of September, ~977. ~ ~ SECRETARY, ANAHE111 CITY PLAPl~ING COMPIISSION -3- PC77-208