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PC 78-202RESOLUTION N0. PC78-202 A RESOLUTION Of THE A~~AHEIM CITY PLANHING COMMISSION THAT PETITION FOR CONOITIONAL USE PERMIT N0. 188Q BE GRANTED WHEREAS, the Anaheim City Planning Commission did recetve a vertfted Petition for Cond(tional Use Permii from CLARENCE HEDDOCY,, 142II East Katella Avenue, Anaheim, Californta~ 92805, owner, and MICHAEL VALEN, 7331 Grovewood, Orange, Californla 92:~'•9~ agent. of certaln real property situated in the City of Anahelm, County of Orange, State of California, descrtbed as: Lot No. 10 of Tract No. 4?8 as shown on a map thereof recorded in Book 19, Page 24~ Miscellaneous Maps, records of Orange Lounty. Cal ifornia. 4/HEREAS, the City Planning Commission did hold a public hearing at the City Hall in the Ctty of Anaheim on August 28. 197E, a[ 1:30 p.m., notice of said public hearing having been July given as requTred by law and in accordance with the provistons of the Anaheim Municipai Code, Chapter 18.03. to hear and consider evidence for and against said proposed conditional use and to investigate and make findings and recommendattons in connection therewTth; and IIHEREAS, said Commissto~. after due inspection, investigation and study made by i[self and tn its behalf, and after due consideration of all evtdence and reports offered at sald hearing, does find anJ determine thc fotlowing facts: 1, That the proposed use is properly one for which a conditional use permi[ ts authorized by Anaheim Municipal Lode Section 13.03•030.010 to wtt: to permit outdoor stora9e of buses with a waiver of: SECTIOt! 18.06.060.0224 - Minimum nunbcr of arl:ina spaces. 7 spaces requ red; 3? Proposed 2, That the ahove-menttoned aaiver is here by granted because [he use conststs of thc outdoor storage of buses and does not gencratc the need for the num6er of spaces required by Code. 3. That the proposed use will not adversely affect the ad)oining land uses and the growth and development of the area ln which it ts proposed to be located. 4. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manncr not detrimental to the particular area nor to [he peace. health, safety, and general welfare of the CI[izens of the Lity of Anaheim. 5. That the granting af the Condlticnal Use Permit under the condttions Imposed~ if any~ wilt not be detrimental to the pcace, health~ safety a~d general welfare of the Citizens of the City of Anaheim. 6. That no one indlcated their presence at said public hear(ng in opposition; and that no correspondence was recetved in oppositton [o the subJect petitlon. PC78-202 f l EtJVIRONMEMTAL IMPACT FINOING: The Planning Director or his authorized representattve has determtned that the proposed project falls vrithin the definitton of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the CTty of Anahelm Environmentat Impact Report Gutdetines and ts, therefore, categorically exempt from the requlreme~t to preparc an EIR. NOW, THEREfORE, BE IT RESOLVED that the Anah~im City Planning Commissinn does hereby grani subjcct Petitlon for ConditTonal Use Permtt, upon the following conditions which are hereby found to be a necessary prerequisTte to [he proposed use of the subJect property tn order to preserve the safety and generai welfare of the Citlzens of the Clty of Anahelm: 1. That this Conditional Use Permit is granted subject to the compietion o` Reclassification No. 78-79-11, now pending. 2. That all engineering requirements of the Clty of Anaheim along Mountain View Avenue, including preparatton of tmprovement plans and ins[allatton of all improvements such as curbs and guttcrs. sidewalks, strcet gradTng and paving. drainage facilities or other appurtenant work. shali be complied wlth as required by the City Engineer and in accordance with standard plans and speclficatTons on file in the office of [he City Engi~eer; that street lighting factlities along Mountain View Avenue shall be installed prior to final butlding and zoning inspections, unless otherwtse approved by the Director of Pubtic UtilTttes, and in accordance wtth standard specifica[tons on file in the office of the Dtrector of Public Utilities; and/or ttiat a bon~f, cerctficate of depostt, letter of crndit, or cash. in an amount and form satisfactory to the City of Anaheim~ shall be posted with the City to guarantee the installation of the above-mentio~ed requirements prior to occupancy. 3. That the owner(s) of subject property shalt pay to the City of Anahelm the sum of ninety-five cents (95L) per front foo[ along NountaTn Vfew Ave~ue for tree planting purposes. 4. That drainage of subJec[ propercy shall be disposed of in a manner satisfactory to the Lity E~gTneer. 5. In the event that subject property is to be dfvtded for the purpose of sale~ lease or ftnancing. a parce) map, to record the approved division of subject property, shall be submitted to and approved by the City of Anaheim and then be recorded tn the Office of the Orange County Recorder. 6. Tha[ subject property shall be developed substanttally ln accordance wTth plans and specificatlons on file Nith the City of Anaheim marked Exhibit No. 1. 7. That Condition Nos. t~ 2, 3 and 5. above mentioned. shail be complted with prlor to the comnencement of the aciiv(ty authorized under this resolutton~ or prior to the time that the building permtt is tssued, or Nithin a period of one year from dace hereof, whichever occurs ftrst. or such furthtr ttme as the Planning Commission may grant. 8. That Condition Nos. 4 and 6. above menttoned~ shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anahetm City Planning Commtsston does hereby find and determine that adoption of this Resolution is expressiy predicated upon appltcant's canp)tance with each and all of the conditions hereinabove set forth. -2- PC78-202 (,.; ..s Should arty such condition~ or any part thereof, be decla~ed 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, THE FOREGOING RESOLUTION is signed and approved by me this 28th day of August 1978. , ~ CH N~ NA E CI PI.ANNING LOMMISSION ATTEST: ~/~.(~ .7 ~6/~il~.~ E~R ~ NAHEIM LITY LANNING COMMISSlON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY 01" ANAHEIM ) I, Edtth L. Harrts, Secretary oF the Anaheim City Planning Commission, do hereby certify that the foregoing resolutton was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 28, 1978, at 1:30 p.m., by the followtng vote of the members thereof: AYES: GOMMISSIONERS: BARNES. DAVID, HER85T~ JOHNSOt~, KINr,, TOLAR NOES: COMMISSIONERS: NONE A65ENT: COMMISSIOWERS: LiNN IN W17NE55 t~M EREOF, I have hereunto set my han~ this 28th day of August 1978. C~ ~[.~ ~• ~~ SECRETARY, ANAHEIM CITY PLANNIN6 COMMISSION ~ -3- PC78-2G2