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PC 78-269RESOLUTION N0. PC78-269 A RESOLUTION OF TNE ANAHEIN CITY PLANNING COtIHI5SI0N TNAT PETITIOH FOR CONDITIONAL USE PERMIT N0. 1912 2E GRAPITED, IN PART WHEREAS, the Anaheim CI[y Planning CommTssion did receive a verified Petttion for ConditTonal Use Aermit from AfITIlO~tY J. RIVERA~ 6899 Oran Circle, Buena Park, Californ(a, 90620, owner, and COMMERLIAL TP,UCY, b AUT~, 11701 Cardinal Circle, Garden Grove, Caltfornia 92643, agent, of certain real property situated in the Ci[y of Anaheim, County of Oran9e, State of Laltfornia, described as: Parcel 1: The West 100 feet of that portion of the South half of Lot 7 of the Goiden State 7ract No. 2, as per map recorded i~ Book i~, page 68 of Niscellaneous Maps, in [he Office of the County Recordcr of said Lounty, described as follows: Beginning at a point on thc F~orth line of said South half~ beina on the Westerly righ[ of way iine of Gypress Av~nue, also Norch 89° OE' 00" West 53.00 fee[ fran the center line of said Cypress Avenue; thence Nor:h 89° 06' 00" West 269.53 feet along satd North line; thence South 0° 00' S0" West 233.81 fee[ parallel with the East line of said Lot 7 to the tlortherly ri9ht of way iinc of the Houston Frcc:•ray; thcncc Norch 75° ~+°' S3" East i°?.55 fce[ along said Northerly right of way line to an anale point; thence Ilorth 440 3b' 2S" East 9?.70 feet to an Intersection »ith said Westerly right of way line of Lypress Avenue; thence florth ;° 39' S0" East 110.23 feet to tfie point of beginning. NHEREAS, the Ctty Planning Commission did hold a public hcaring a[ thc Ci[y Hall in [he City of A~aheim on November 20, 1978, at 1:30 p.m., notice of said public hearing having been duly gtven as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider zvide~ce for and agal~st said proposed condltional use and to investigaie and make fir.dings and recommendatfons in connec[ion therewith; and uHEREAS, said Camnisston, after due inspection, investigatton and study made by icself and in its behalf, and after due consideration of all evtdence and reports o`fcred at said hearing, does find and determine the foilowing facts: 1. That the proposed use is properly one for which a conditional use permft is authorized by Anaheim Municipal Lode Sec~ion i8.fi1.050.070 to wit: to permi[ a truck body repair and paint shop wtth waiver of the fotlowing: SECTION 18.01.130 - Re4utrement that all lots abut a u611c street. Lot without rontage proposed 2. That the proposed waiver is hereby granted on the basis that an easement for vehicuiar access exists. 3. That the proposed use is he~eby denied on the basis that the property ts not suitable for this heavy use in that there is no dtrect access to a public PC76-269 ; street; that [he access across an easement is not adequate to service the use proposed which involves heavy vehictes; and [hat the access easement to the freeway on and off ranp on State College Boulevard and egress from subJect property t.ould be potentially hazardous durl~g peak traffic hours. 4. That the proposed use, as granted, wili not adversely affect the adjotning land uses and the growch and devclopment of the area i~ which it is proposed to be located. $. That the size and shape of thc site proposed for the use, as grar.ted, is adequate to allow the full development of the proposed use in a ma~ner not detrimental to the par[icular area nor to the peace, health, safety, and general welfare of the Citizens of the Ctty of Anaheim. 6. That the Conditional Use Permit, as granted. and under the conditio~s imposed~ ritll not be detrimental to the peace, health, safety and general welfare of the Citlzens of the Ci[y of Anaheim. . 7. That one person indicated their presence at said public hearin9 in opposition; and that no correspondence was received in opposition to the subject petition. EPIVIROf~MENTAL IMPACT FINDIt~G: That the Anahcim City Ptanning Commissio~ has reviewed the proposa io permi[ a truck body repair and paint shop wi[h a watver of the requirement that all lots abu[ a public street on a rectangularly-shaped parcel of land consisting of approximately 0.5 acre, loca[eJ north of the Riverside Freeway approximately 220 fee[ west of the centerlinc of S[ate College Boulevard~ having a maximum depth of approximately 233 fee[ and being located approximately 223 feet west of the cenieritne of State Coilege Boulevard; and does hereby approve [he Negative Declaration from the requirenent to prepare an environmen[al impact report on [he basis that there would be no stgnificant lndtvidual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates thc subJect property for general indus[rlal land uses commensurate with the propasal; that no sensittve environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicat~zs no signtficar~t individual or cumula[ive adverse environmental tmpacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Depar[ment. N041, THEREFORE. BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant. in part, subject Petitlon for ConditTonal Use Permit, upon the fotlowing condt[lons which are hereby found to be a necessary prerequisTte to the proposed use of [he subJect property in order to preserve the safety and general welfare of the Citizens of the Clty of Anahetm: 1. That approprlate water assessment fees as determined by the Director of Public Ut(lltles shall be patd to the Ctty of Anaheim prtor to the issuance of a buildin9 pcrmit. 2. In the event that subject property is to be divided for [he purpose of sale, lease, or financing, a parcel map. to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. -2- PC78-269 ~ ; 3, That trash s[orage areas shall be provided tn accordance with approvcd plans on f(te with the Office of [he Director of Public Works. 1~, That drainage of subject property shall bc dlsposed of in a manner satisfactory to the Lity Engineer. BE IT FURTFiER RESOLVED that the AnaheTm Ci[y Planning Lommiss~edicatedheueon ftnd and determine that adoption of this Resolution is expressly P P applicant's compllance wlth each and all of the condi[tons herelnabove set forth. Should any such condition, or any part thereof, be dectared Tnvalid or unenforceable by the fi~OValsdhercin con[ained,~shall~beedeemedunulliand voidhe~ this Resolution, and any app THE FOREGOING RESOLUTION is signed and approved by me this 20th day of November~ 1978. . , q 1 CITY L NG COMMISS~ON ATTEST: //)~~ ~ /KdAw.~. SECRETARY, ANAIiE1M GITY PLANNING COMMISSION STATE OF LALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIN ) I, Edith L. Narris, Secretary of the Anaheim City Planning Commission. do hereby certify that che foregoing resolution was passed and adopted at a r,.eeting of the Anaheim City Planning Comnission held on November 20. 1978, at 1:30 p.m., by the following vote of the members thereof: AYES: LONMlSSIONERS: BUSNORE, DAVID. HERBST. KING. TOLAR NOES: LOMNISSIONERS: NONE ABSENT: COMHISSIONERS: BARNES, JOHNSON WITNE55 WHEREOF, I have hereunto set my hand this 20th day of November, ~9~a. l~ ~.,c-r~.. ~ 7.l,. .. ,~ SECRETARY. ANANEIM CITY LANNING COHMISSiON ,. ' -3- PC7a-269