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PC 78-213RESOLUTION N0. PC78-213 A RESOLUTIO~~ OF Tf1E ANAHEIN CITY PLAN~IING CONHISSION THAT PETITION FOR CONDITIOHAL USE PERMIT N0, 1879 BE GRANTEA WHEREAS, the Anahcim City Piann(ng Commission dtd receive a verified Petition for Conditional Use Permit from EQUITEC 77 REAL ESTATE INVESTORS, 3732 Mount Diabto Boulevard, Lafayette, California, 94549, owner, and ~~. ARTHUR ASTOR AND DON BERRIGAN~ 1278 East Katelia Avenue, Anaheim, Californfa 92805, agent, of certatn real property situated in [h~ City of Anaheim, County of Orange, State of Calffornta, descrtbed as: That portton of the Northeas[ quarter of Section 2L-, Township 4 South, Range 10 West in the Rancho San Juan CaJon de Santa Ana, as shown on a Map recorded in book 51, page 10 of Miscellaneous Maps, records of Orange Lounty. California, described as follows: Parcel 1, as sho~m on a Hap recorded in book 81, page 32 of Parcet Ptaps in the office of the County Recorder of said Orange County. 4JHEREAS, the City Planning Gommission did hold a public hearing at the City Hall in tlie City of Anaheim on September it, 1~78, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Lhapter 18,03, to hear and consider evidence for and against said proposed conditionai use and [o investigate and make findings and recommendations in connection therewith; and WtiEREAS, said Commission, after due inspection, investigation and study made by itself and in its befialf, and after due consideration of all evidence and reports offered a•t said hearTng, does Find and determine the following facts: i. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Hunicipal Code Section 18.61.05~.050 and 18.61.054.070 to wtt: to permit an auto sates, repair and restoration facility in the ML (Industrial, Limited} Zone. 2. That the proposed use is hereby granted for a one year pertod, ,ubJect to review and consideration by the Planning Commission for possible extensions of time upon written request from the petitioner to determine whether the use is being conducted as represented at thc publtc hearing and whether the use has had a detrimental effect on [he surrounding area. 3. That the proposed use is hereby granted subJect to the petitioner's stipulation that all work wTll be conducted whoily within a building and that there will be no outdoor storage or display of vehicles. Furthcr, that the petittoner stipulated that 85~90$ of his actlvities conducted at this loca[ion is the restoration and repairing of antique and classic automobiles (primarily 19~5 and 1966 Ford-Mustan9s), and 10-15~ of his activttles would constttute autumobile sales. 4. Tha[ the proposed use will not adversely affect the adJolning 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 for the use is adequa[e to allcwr the full developme~t of the proposed use in a rnanner not detrimental to the PC78-213 particular area nor to the peace~ healch, safety, a~d general welfare of the Litizens of the Ci~y of Anaheim. 6. That the grantTng of the Condltional Use Permit under the condltions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anahetm. 7, That no one indt=ated their presence at said public heartng in opposition; and that no correspondence was received tn oppasitlon to [he subJect petttion. ENVIRONMENTAL IMPACT FINDIIIG: The Planning ~irector or his authorized representat ve has determ ne that the proposed project falis within the definition of Categoricat Exemptions, Class 1, as deftned in Paragraph 2 of the Ctty or Anaheim Environment~l Impact Report Guidelines and is, therefore, categorically exempt fram the requirement to prepare an EER. NOW, TtfEREFORE, BE 17 RESOLVED [hat the Anaheim City Pl~nning Commission does hereby 9rant subJect Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to pre~erve the safety and general welfare of the Citizens of the City of Anaheim: i, That the owner(s) of subJect property shall pay the traffic signal assessment fee difference between industrial and commerclal use a[ 5150.00 per 5000 squa~e feet of builcling or fraction thereof. 2, That subject property shall be developed substantially in accordance with plans and specafications on file vri[h the Clty of Anaheim marked Exhtblt Nos. 1 through 3. 3, That Condition tlo. 1, above-mentloned, shall be complled with prtor [o the commencement of the activity authorized under this resolution, or prior to the time that the buildin9 permit is issued, or rrithin a period of [hirty (30) days from date hereof, whichever occurs firs[, or such further time as the Planning Commiss~on may grant. 4, That Condition No. 2, above-mentioned, shail be canplied wlth prior to final 'ouilding and zont~g inspections. 5, That therc will be no outdoor storage or display of automoblles. 6. That all work shall be conducted whoily wlthin a building. 7. That the use is granted for a per(od of one year, subJect to review and consideratton by the Pianning Larmisslon for possible extensions of time upon wrttten request from the petitioner to determine whether the use has had a detrtmental effect on the surroundi~g industrial area. BE IT FURTHEP. RESOLVED ehat the Anahelm City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicaced upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condiCton, or any part thereof, be declared invalid or unenforceable by the ftnal Judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC78-2~3 . 4. J THE FOREGOING RESOLUTION is signed and approved by me this ilth day of ';, September, 1978. A MA , A~AN L i.IN ONM SION t ~ i ATTEST: ~ ~.~. ~ ~ SECRETARY, ANAHEiM CI Y PLANNiNG COMMISSION STATE OF CALIFORNlA COUN7Y OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Narris~ Secretary of the Anaheim Lity Pla~ning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of Che Anaheim City Planning Caronission h~ld on September 11, 1978 at 1:30 p.m•, by the followin~ vote of the members thereof: AYES: COHMISSIONERS: BARNES, DAVID, HERBST, KltlG~ TOLAR NOES: COHMISSIONERS: NONE ABSENT: COMMISSIONERS: JOHtI50N VACANY: ON: SEAT IN WITNESS WtiEREOF~ ! have hereunto set my hand this lith day of September. t97II. -~ , .1° ?~ SECRETARY, AtJA EIM CITY PLANNING LOMMISSION -3- Pt78-2t3