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PC 78-169 ' 1 RESOLUTION N0. PC78-169 A RESOLUTIOt~ OF THE ANAh1EIM CITY PUINNING COMMISSION THAT PETITION FOR COWDITIONAL USE PERMIT tJO, 1863 BE GRANTED WHEREAS, the Anaheim CTty Plan~ing Petition for Conditlonal Use Permit from DA"IPIY Street. California, °2805. owners of certain Anaheim, County of Orange, State of California, Commisslon dtd receive ~Qr~hr~East L. KI Y,ER, ET Al, 770 real property situated in the City of described as: That portion of Lot i of [he Nnahelm Extenslon, !n the City of Anaheim, as shown on a map of survey made by William Hamel and filed in book 3, Page 163. et seq., of Los Angeles County Maps~ records of Orange County. described as follows: Beginning at the northwest corner of the land conveyed to J. E. 1Jalter '~tpfflcial deed recorded May 13, 1947 i~ book 15~u page 337, Records, said point being West 817.84 fect from the rtortheast carner of said lot; thence southerly 209.iFi feet along the thence,5outhn73°o54'~25",Westt27~hg~sfeetwalongorthe Qprolongation of the southerly line of said land of Walter, to the westerly line to Sthe ,northwest cornerrof sa8d~~loteethence Easi~281507rfeetito the point of br_ginning. WHEREAS, the CIiY Plan~i^9 ~o~""ission did hoidMa P~not(Ceeaofn9saldthpublic Hall in the City of Anaheim on July 17. 1978, at 1=3~ P•~•. hearing having been duly given as required by law and ir. accordanr_e with the provisions of the Anaheim Municipal Code, Chapter 18.03, [o hear and consider findings andrrecommendationssindconnectionetherewith, and and to investigate and make HHEREAS, said Commission, after due inspection, invcstl9ation ~nd study made offered,atasatd~heartnahadoesafindfand determinedthetfollowtng,fa~tsence and reports 1, Thet the praposed use is properly one for which a conditio~al use permit is authorized by Rnaheim Municipal Code Section 18.03.030.010 to wii: to permit expansion of a service station with waiver of: SECTION 15.67.030.070 - Minimum landsca ed area. 3 oot setback adJacent Co interl~r boundary requlred; rone proposed) 2, 7hat the proposed walver is hereby granted subJect to the petitioner~s stlpulatlon to provide an equal amount of la~dscaping (approxlmately 9~0 square feet) elsewhere on the site sTnce provumi~tslandsscaping as requtred by Code would necessitate relocating the existing p P 3, That the proposed use will not adversely affect the adJolning land uses and the growth and development of the area ln which it ts proposed to be located. PC7~-tG9 ~ _ f RESOLU710N N0. PC78-159 A RESOLUTION OF THE ANAIIEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERHIT N0. 1863 BE GRANTED WHEREAS, the Anahefm Clty Planning Canmisslon dfd recelve a verified Petitlon for Conditlonal Use Permit from DANt~Y L. Y.IY.ER, ET AL, 770 North East Str~et~ CaliFornla, 92g05, owneri of certain real property situated in the City of Anahelm, County of Orange, State of California, described as: That portlon of Lot i of the Anahaim Extenstan, in the City of Anaheim~ as shown on a map of survey made by William Hamel and filed in book 3, page 163, et seq., of Los Angeles County Maps. records of Orange County, described as follows: Beglnning at the northwest corner of the land conveyed to J. E, Walter et al., by dced recorded May 13. i9~7 in book 1514 page 337, Offlcial Records, said point being Uest 817,84 feet from the northeast corner of said lot; thence southerly 209,41 feet along Lhe westerly li~e of said tand to the southwest corner of said land; thence Souch 73° 54' 25" West 270.81 feet along the prolongation of the southeriy line of said land of Ilai[er~ to the westerly line of said lot; thence northerly 288.00 fee[ along said westerly line to the northwest corner of said lot; thence East 281,07 feet to the point of b~ginnfna. WHEkEAS, the City Planning Camnisston did hold a publlc hearing at the City Hall in the Ctty o~ Anaheim on July 17, 1978~ at 1:30 p.m.~ notice of said public hearing having been duly given as required by law and in accordance with the provtsions of the Anaheim Nunicipal Code. Lhapter 18,c!3, to hear and consider evidence for and against sai~ proposed conditionai use and to investigate and make findings and recommendations in conneccfon therewith; and NHERERS~ said Commission, after due inspection, investigaCion and study made by itself and in its behatf, and after due consideracion of all evtdcncc and reports offered at satd hearing, does flnd and determine the following facts: 1. That the proposed use is properly one for which a conditiona! use permi[ is authortzed by Anahetm Muntctpal Code Section 18,03,G30.010 to wit: to permi[ expansion of a service station with waiver of: SECTION 1P,.87.030.070 - Hinimum landscaped area. 3 oot setback adjacent to interlor ~undary required; none proposed) 2. That the proposed waTver is hereby granted subJec[ to the petitioner's stipulation to provide an equal amount of landscaping (approximately 900 square feet) elsewhere on the site since providtng landscaping as requlred by Code would necessTta2e relocaxing the existing pump Isla~ds. 3. Thet the proposed use will not adversely affect the adJolning land uses and the grawth dnd development of the area in which it ts proposed to be located, PC78-169 4. That the size and shape of the site proposed for the usc 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 Lity of Anahelm. 5. That the granting of the Conditlonal Usr Permit undcr the conditions imposed, if any, will not be detrimental to the peace, hcalth, safety and general welfare of the Citizens of the City of Anaheim. 6. That no one indlcated [heir presence at said public hearing in opposition; and that no correspondence was received tn opposition to the subject petttion. ENVIRONMENTAL IMPACT FINDING: The Planrtinq Director or his authorized representative has determined that the proposed proJect falls wlthin the definition of Categorical Exemptions, Classes t and 3, as defined Ir~ Paragraph 2 of the City of Anahelm Envtronmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the Anaheim Ci[y Planning Commission does hereby grant subject Petition for Condltional Use Permi[. upon the following conditions which are hereby found Lo 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 thc City of Anahelm: 1. That street lighting facilttles along La Palma Avenue shall he installed prior to the ftnal building and zoning inspections unless otherwise approved by the Dtrector of Public U[ilities, and in accordance with standard specifications on file in the Office of the Direc[or of Public Utilitles; and/or that a bond~ certificate of deposit, letter of credit. or cash, in an amount and form satisfactory to the Clty of Anaheim shall be posted wt[h the City to guarantee the installation of the above-mentloned requirements prtor to occupancy. 2, That the owner(s) of subject property shall pay to the Clty of Anaheim ihe sum af [hree and one-half doiiars (53.50} per front foot afong East Street for street lighting purposes. 3. That [he owner(s) of subJect property shall pay the traffic stgnal assessment fee (Council Policy No. 214) amounting to 5363.00 per square feet of building or fraction thereof prior to the Tssuance of butiding permit. 4. That subJect property shall be developed substa~tially in accordance With adopted Service Statton Minimum Slte Development Standards, excep[ as walved in connection with this conditlonal use permTt. 5. That subject proper[y shall be developed substantially tn accordance wTth plans and specificattons on file with the City of Anaheim marked Exhibit No. 1; provided, however~ that a mfnimum of approximately 900 square feet of landscaping shall be provided on the stte. 6. That Conditlon Nos. 1 and 2, above-mentioned~ shall be complied with prior to the cormnencement of the actlvi[y authorTzed under this resolution, or prior to the time that the building permit is issued~ or withTn a period of one year from date he~eof, whichever occurs first, or such fu~ther ti~re as the Plann(ng Comm(ssian may grant. -2- PC78-169 7. That Condit'ton Nos. 4 and 5, above-mentloned, shall be complled with prior to final butlding and zonin9 inspections, BE IT FURTNER RESOLVED that the Anahelm City Planning Commisslon does hereby fTnd and determine that the adoption of this Resolutlon is expressly predicated upon applicant's compliance with each and al) of the conditlons herelnabove set forth. Should any conditlon or any part thereof, be declared tnvalid or unenforceable by the final Judgment of any court of competent Jurisdiction~ then this Resolutlon, and any approvals herein contained~ shalt be deemed null a~d vold. ~978. THE FOREGOING RESOLUTION is signed a~d approved by me thls 17th day of July. ,~~.~~~...s~~ ~a..,..4/ CHAIRHAN PRO TEMPORE At1AHEIM CITY PLANNING COkMIS510N ATTEST: `~~.~. .~ Z.~,~~ . ~ECRETAR . ANAHEIM CITY I./~NNING LOMHISSION STATE OF CALIfORNIA ) COU~~TY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edtth L. Harris, Secretary of the Anafiei~ City Planning Cwnmtssion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 17~ 1978, at 1:30 p.m,,by the followTng vote of the members thereof: AYES: COHMISSIONERS: BARNES, DAVIO, JOHNSON, KING~ LI~IN, TOLAR t~0E5: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST !N 5JlTl~ESS NNEREOF, ! have hereunto sct my hand thts 17th day of July, 1978. ~ ~ L~ ,~ ~.~ SELRE7ARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC78-169