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PC 78-226P,ESOLUT1011 ~i0. PC78-226 A RESOLUTION OF THE ANAHEIH CITY PIANNIN~ COt1H155104 TtiAT PETIT I Ot~ FOR COt1D IT IONAL IJSE PEP,M IT ~(0. 1~'89 BE GRP.NTED, I N PART WHEREAS. the Anaheim Ci[y Planning Commission did receive a verified Petition for Co~ditional Use Permit from D~IE E. At~D SAPJIH AtIH FONLER, 3178 EasC La Palma Avenue, Anaheim, Lalifornla, 92806, owncrs, and CREVIER INPORTS, 1NC., 1016-H Shepard Street, Anaheim, California 92806, agent, of certain real property situated in the Ctty of Anaheim, Coun[y of Orange, Statc of California, described as: That portion of Lot 20 in Block K of the Kra~ncr 7ract, as shawn on a Map recorded in book 12, p~ges 7a and 88 of Miscellaneous Records of Los Angeles County, California, descrtbed as follews: Parcel No. 2 as shown on a Map filed in book 55, page -+7 of Parcel Maps in the office of the County Recorder of Qrange County, California. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anahelm on September 25. ~978, ~t ~~3G p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of che Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed condi[tonal use and [o investigate and make findings and reca~nmenda[ions in connection therewith; and WHEREAS, said Lommisslon, after duc inspec[ion, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1, That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 1II,61.050.050 and 18.61.050.070 to wft: to permit an automobile sales, service and restoration facility. 2. That the proposed use ls hercby granLed, in part, to permtt a service and ~estoration facili[y for Ferrari and Maserati automobiles only, for a period of [wenty (ZO) months, to expire May 22, 1980. with possible time extensions, but prohibfting any sale of automobiles; and subject to [he petitioner's stipulation that all work and storage will be conducted wholly Inside the building. 3. That tfie proposed use, as granted, wilt ~ot adversely affect the adjoining land uses and the growth and developmert[ of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use, as granted, is adequate to allov+ the full development of the proposed use in a manner not detrTmentai to the particular area nor to the peace, health, safety, and general welfare of the Ci[izens of the City of Anaheim. $, That the Condttional Use Permit, as granted, and under the conditions imposed, wilt not be de[rtmc~tal to the peace, health, safety and general welfare of the Citizens of the City of Anahetm. PC78-226 '. i 6. That no one tndicated their presence at said public hearing in opposi[ton; and that no correspondence rias received in oppositlon to the subJect petition. ENVIROIIMEtiTAL IMPACT FINDING: 7rie Planning Director or his authortzed representative as determ ned that the proposed pro,ject falls within the definition of Categorical Exemptions, Class 1, as defined tn Paragraph 2 of the City of Anaheim Environmental Impact Report Gufdelines and is, therefore, categorically exempt from Che requirement to prepare an EIR, NOW, THEREFORE, BE IT RESOLI~ED that the Anahelm City Planning Commissfon does hereby granc, in part, subject Pe[Ition for Conditional Use Permit, upon the following condtttons which are hereby found to be a necessary prerequisi[e to [he proposed ~se of [he subject property ln order to preserve the safety and general welfare of the Citlzens of the Ctty of Anaheim: 1. That sidetioaiks shall be installed along La Palm~ Avenue and Shepard Street as requfred by the C(ty Engineer and in accordanr_e with standard plans and specifications on file in the Office of the City Engineer, 2. That the owncr(s) of subject property shall pay to [he City of Anahelm the sum of 95 cents per front foot along La Palma Avenuc and ShFpard S[reet for tree planting purposes. 3. That the owner(s) of subjec[ property shall pay the traffic eignai assessment fee difference (per Council Policy t~o. 214) betwee~ industrial and comnercial ~se at S150.00 per 1000 square foot of butlding ar fraction thereof, 4. That subject property shall be developed substantially in accordance with plans and specttications on file o-~i[h the Lity of Anaheim :;ia~rked Exhlhit t2os. 1 through 3, 5. That Condition t~os. 2 and 3, above-mentioned, shall be compiled with prtor to the commencement of the ac[ivi[y authorfzed under this resolution, or prior to che time that Lhe buildir,g permit is issued, or withfn a pertod of one year from date hereof, whichever occurs flrst, or such further time as the Plannfng Commissi~n may grant. 6. That Conditton Nes. 1 and 4, above-mentioned. shal~ be complied wi~th prior to final building and zoning inspections. 7. That there shall be no sales of automobTles on thc subJect property. 8. That all work on a~d storage of autanobiles shall be conducted whally inside the bulldfng. 9. Tha[ the use, as granted, is permitted for a pertod of approxtmately twenty (20) month~ to explre May 22, l9go unless an exte~sion of time is granted in conJunction wi[h Conditlonal Use Permit I~o. 1E37. That said time limitation ts to determPne whether the use has had a detrtmental effect on the area; and that extenstons of Lime may be granted by the Planning Commission upon written request by Chc petitioner, following a determination that the use has not had a detrimenia) effect. -2- PC78-226 1 t BE IT PURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condttiorts hereinabove set forth. Shouid any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgnent of any court of competent Jurisdiction, then this Resolution, and any approvals herein cont~ined, shall bc decmed null and void. THE FOP.E60tD16 RESOLUTION is sl9ned and approvcd by me this 25th day of September, 1978. 1 N, AtlAH Ir 17 P ANtlItJG COMMISSION ATTEST: l0 6,CQu ~ ~,~f(i!/~,cu SECRETARY. ANAHE IM C ITY PLAr~t~ I dG COM!1155 I ON STATE OF CALIFORNIA COl!`ITY 0~ OR/1fJGE ) ss. CITY OF At~AHEIM ) I, Edith L. Harris, Secretary of the Anahetm City Planning Commission, do hereby certify tha[ the foregoing resolutlon was pas~ec and adopted at a meeting of the Anaheim Clty Planning CcNmmission held on September 25, 1978 at 1:3Q p.m., by the following vote of the members thereof: AYES: COhLMISSI0NER5: BARNES, NERBST~ JOt~NSON, KING, TOLAR t~OES: COMM I SS I ONERS: DAV I ll ABSEtlT: COMHISSIO~JERS: NONE VACAtlY: ONE SEAT IN WITNESS WHEREOF~ 1 have hereunto set my hand [his 25th day of September, 1978. ~~.~ ~ ~ SECRE7ARY, AtJAHE1M CITY PLANNING COMHISStON -3- RC18-226