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PC 78-237,, RESOLUTION N0. PC78-237 A RESOLUTION OF THE ANAHEIM CITY PLANNING C011MISSIOtd TfiAT PETITION FOR COIIDITIOIJAL USE PERMIT N0. 1895 BE GRANTED NHEREAS, the Anahetm City Planning Cammission dTd receive a vertfled Petition for Conditional Use Permlt from PROPERTIES LIM~TED, 1315 East St. Andrews Place. Santa Ana, California, 92705, owner, and HENRY SMITH~ 9o4 Ridgecresc Circle, Anahetm~ California ?2807~ agent, of ccrtaln reat property situated in the City of Anaheim, County of Orange. State of Californta. descrtbed as: Parcel 15 of R. 5. T. 8550. WHEREAS, the City Planning Commission did hold a public hearing at the City Hatl in the City of Anaheim on October 9, 1978, at 1:30 p.m., notice of satd publTc hearing havfng been duly glven as required by law and in accordance with the provisions of the Anaheim Hunicipal Code, Chapter 18.03, to hear and consider evidence for and against safd proposed conditlonal use and to investigate and make fTndings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspec[ion, investtgation and study made by itself and in its behalf, and after due consideratlon of all evidenc~ and reports offered at said hearing, does find and determine the fol~oHing facts: 1. that the proposed use is praperty one for whtch a conditlonal use permit is authorized by Anaheim Municipal Code Sectton 18.G1.050.070 to Nit: to permit an autanoblle body repair and restoration facility with a watver of: 5[CTION 18.06.060.0215 - Htnfmum number of arktn s aces. 7 spaces required; 22 spaces proposed) 2. That the above-men[toned walver is hereby granted on the basts that the specific use does not generate the need for the required pa~king spaces and that similar waivers have previously been granted for similar uses in the industrlai zone. 3. That the proposed use is hereby granted subJect [o the petitioner's stipulations that there will be no automobile sales nor will there be outdoor stora9e of vehicles and that all vehicle storage wtil 6e inside the building or in an area fully and effectively enclosed by a solid fence. 4. That the proposed use will not adversety affect the adJoining land uses and the 4rowth and development of the area In whtc.h it is proposed to be located, 5. That the size and shape of the site proposed for the use is adequate to altow the fuil development o` the proposed use Tn a manner not detrimental to the parttcular area nor to the peace, health, safety. and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditlonal Use Permit under the conditions imposed, if any, will not be detrimental to the peace. healEh. safety and general welfare of the Citizens of the City of Anaheim. PC78-237 ~ ` 1 7. That ~o one Indlcated [helr presence at s~id publtc hearing Tn opposition; and that no correspondence was recetved in opposition to the subject petition. ENVIP,ONMENTAL IMPACT FINOING: That ths Anaheim City Planning Lommisslon has reviewed the proposal to permit an automobile body repair and restoration facllity with a waiver of minimum number of park(ng spaces on a rectangularly-shaped parcel of land cons!;ting of approximately 0.6 acre haitng a frontage of approxtmately 150 feet on the south side of Miraloma Avenue, having a maximum depth of approxlmatcly 170 feet and being located approximately 325 feet east of the cen[erllne of Red Gum Strcet; and does hereby approve the Negative Declaration fran the requirement to prepare an environmental impact report on the basis that there would be no stgnificant individual or curnulattve adverse environmental Tmpact due to the apRroval of this Nega[ive Declaration since the Anaheim General Plan destgnates the subJect property for generat industrial land uses corrunensurate with the proposal; that no sensitlve environmentat impacts are involved in the proposal; tha[ the Initial Study submitted by the petitioner indtcates no significant indivTdual or cunulative adverse environmental impacts; and that the Negatfve Declaraiton substantiattng the foregoing findings is on file in the City of Anaheim Planning Department. NON, THEREFORE. 8E IT RESOLVED that the Anahetm C(ty Planntng Commisslon does hereby grant suhJect Petition for Condiilonal Use Permit. upon the following con~ttions which are hereby found to be a necessary prerequislte to the proposed use of the suSJec[ property in order [o preserve the safety and general welfare of the Citizens of the City of Anaheim: INTERDEPARTMENTAL COMMITTEE RECOMyENDATI0N5 IF APPROVED: 1. That the owner(s) of subject assessmenc fee (Council ?olicy No. and r_•~,mmcrciat uses at a rat buiiding or fraction thereoT. property shatl pay the trafftc signal 214) difference between industrtal e of 5150.00 per 1000 square feet of 2. That the drainage of liquid waste frem the subJec[ facility shall be disposed of in a manner sattsfactory to the Sanitatio~ OTvlslon. 3. That subject property shall 5e developed substantlalty tn accordance wfth plans and specifications on file with the City of Anaheim marked Exhiblt Nos. 1, 2 and 3• 4. That Condition No. 1, above-mentioned, shall be complled with prior to the commencement of the activity authorized under :n~: resolution, or prior to the time that the butldln9 permlt 's issued, or within a period of one year from date hereof, whtchever occur~ iir~:, or such further time as the Planning Commisston ma; grant. 5, That Condition No. 3. above-mentioned. shall be complle.d with prior to final bulidtng and zoning inspectlons. 6. That there shall be no autanobile sales on subject property nor shall there be any outdoor stcrage of vehicles except in an area fully and effectively enclosed by a solid fence. ~ BE IT FURTHER RESOLVED that the Anaheim City Plannfng Cortmission dces hereby find and determine that adoption of this Resolution is expressly predicated upon -2~ PC78-237 applicant's compltance with each and all of thc condltlons hereinabove set forth. Should any such condttion. or any part thereof, be declared invalid or unenforceable by the finai Judgment of any court of competent jurtsdiction, then this Resolution, and any approvals herein contalned~ shall be deemed null and vold. THE FOREGOING RESOLUTION is signed and approved b me this 9th day of October, 1978. ' ~ HA AN~ ANA E t LI PLANNING COMMISSION ATTEST: ~ R, 'r,~. .t° X~a~.~.,.:.. SECRETARY, AtIAHEIM CITY PLAN~lING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF A~lANE1M ) 1~ Edtth L. Harris, Secretary of the Anaheim Lity Planning CommTsston, do hereby certify that the forcgoing resolution was passed and adopted ai a meeting of the Anahetm Ctty Planning Corrcnissian held on October 9~ 1978, at 1:30 p.m., by the following voce of the members thereof: AYES: COMMISSIONERS: BUSHORE~ DAV1D, HFRSST~ JOHHSON~ KING, TOLAR NOES: COHM15510NER5: NONE A85ENT: COMMISSIONERS: BARNES 1978. IN uITNE~S WHEREOF. 1 have hereunto set my hand this 9th day of October~ ~ECRE~AR~TN C~Y L NN ~~G C MM~S~ION -3- PC7a-237