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PC 78-97RESOLUTION I~O. PC72-g7 A RESOLUTlON OF TME AtlANEIM CITY PlAi1N111; COMNISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1828 BE GRANTED 11t1EREA5, thc A~aheim City PlannTng Commlssion did reccive a verifted Pctitlort for ConAitional Use Permit from DEI~JUN PROPERTIES. 9i71 1l(Ishire Boulevard, Beverly HtY1s, Caitfornia~ y02i0. owner of certain real propcr[y si[uated ln the City of Anahetm, County of Orange, Siate of LaiTfornta~ described as: That portTon ef c!;e !torth ~alf of thc Norcheast qunr[er of the Northcast quartcr of Section 23, Torm shTp 4 South. Range 10 West, in the Rancho San Juan Ca}on de Santa Ana, shown as Parce~ 3 oniy on a Hap filed in booi: 21, page 4 of Parcel Maps. in the Office of the County Recorder of said County. L~'HEREl15, the C1ty Planning Conr+ission did hold a publtc hearing at the City Hall tn the City of Anaheln on May 8, 1478~ at 1:30 p.m.. notice oF said public hearing having been duly glven as required by law and in accordance wtth the provistons of the Anahein Hunicipal Code, Chapter 18,0;. to hear and cons(der eviCence for and agaTnst said proposed conditTonal use and to inves[tgate and make findtngs and ~ecommenda[ions in connection there.+l;h; 3na VFIEREAS, said Cor.~mission. after due inspection, inves[19a[lon and study r.wde by itsclf and in its bchalf~ and after duc ~onsideratio~ of all evidence and repor[s ~ffered at sa(d hearing, docs fl~d and determine the following facts: 1, That the proaosed use Is properly one for which a co~di[lona) use permit (s suthorized by Anahe(m Municipal Code Section 18,61,05~.050 to wit: to permit a repossessed au[omobile rrholesaling facllity. 2. That the prooosed use is he~~by asAnt~~ S~b~!!sT Lo r~Yirx !r; 2tt~ Planning CasmTssian at the cnd of a t+ro-ycar period to deLermtne whether or not the use has had a detrimen[al effcct on the surroundTng industriel neighborhood (n terms of vehicular and pedestrian traffic; and subject to the folloaing conditions as stipula[ed to by the petittoner: a. That the sale of repossessed automobtles shall be by sealed blds to lTcensed autamobile dcalers only, saTd deelers having been no[ifted ~y mail of the avaTlabtlity of the vahicles. b. That there sha11 be no advertisi~g or sales to the general puDltc. c. That no auctions shall be conducted to dispose af the repossessed vehtcles. 3. That the proposed use~ as described by the petitfoner at the publlc hw ring~ wt11 cansist of the whoiesalTng of epproximately thlrty {30) to slxty (60j repossessed vehicies monthly wlth a maximwn of four (L) vehicies s[ored outdoors tn an effectively fenced-In area. 4, That the proposed use rrill not adversely affect the adJot~t~g land uses and [he groxth and development of Lhe area In whiaA it is p~oposed to be iocsted, PC78-97 5, That the sizc and shape of [he sitc p~oposed for the use (s adequate to ailoa thc full develapment of che proposed usc in a manner not detrimec~tal to the particuiar area nor to the peace~ health, safety, and genera) aelfare of the Cittzens of chc City of Anaheim. 6. That thc 9ranting of the Conditlonal Use Permtt under the conditions imposed, if any. wlil not be detrtmental to tho peacc. health, safety and general aelfarc of che Citizens of the City of Anahelm. 7, 7hat no one indica[ed their presence at said public hearing in opposltion: and that no correspondence was received In opposition to Che subJect petTtion. ENVIRONyENTAL IHPACT FINDING: That thc Anaheim City Planning CommissTon has revle~+ed the subject project constzting of a repossessed automobile rrtwlesai?ng factlicy on a rectangularly-shaped parcel of land consisting of approximatety fl.9 acre having a frontage of approximately 1;° feet on the wcst sTde of Shernwn Street, being located approxirtwtely 282 feet south of the centerline of Ball Road; and does hcreby approve the Negative Deciara[ton fron the rcqui~ement [o prepare an envTronmental impact report on the basTs that ihere would be no significant indivtdual or cumulative adverse environmental impact due to the approval of thts Ntgative Decla~atlon since the AnaheTm Generai Plan designates the subject prope~ty fo~ general industrial land uses commcnsurate with [he proposal; that no sensdtlve environmentai Tmpacts are involvcd in the proposal; fhat thc InitTal Study submttted by the petltToner Tndicates no stgnfficant lndividuai or cu~nutativt oQverst environmeneai impac[s; and that the Negative Declaration substantiating the foregoing findTngs Ts on file in the City of Anahelm Planning Dcpartment. NOK~ THEREFORE. 6E IT RESOLVEO thai thc Anahcim Ctty Planning Commission daes hereby grant subJect Petition for Conditional Use Pcrnit, upon the following condTtions Mhich are hereby found to be a necessary prerequisite ta [he proposed use of the subject property in order to preserve the safety and general ++elfare of the Citizens of the City of Anahelm: 1. That the o.mer(sj of su5ject propertY shaii pay ti,e Lfaffic sig~at assessment fee difference beCween in~us[rial and cortmercial uses: 5333.00 per 1000 square feet of butiding or fraction thereo`. 2. That subject property shall ~e developed substantTally in accordance with plans and specificatio~s on file with the Ctty of Anaheim marked Exhiblt No. i. 3. That CondTtTon No. 1. above-menttoned~ shall be complled with prfor to the cocmencement of the activity authorized under this resolutlon~ or prTor to the tTme that the bulld(ng permit is issued, or within a perTod of one year from date hereof~ whTchever occurs first, or such further time as the Planning CommTsslon may grant. 4. That Condltion No. 2~ above-mentioned~ shall be canplted with prior to fioal bullding and zoning (nspectlons. 5. That the proposed use Is granted sub]ect to revlew by the Planning Commisslon at the end of a two-ycar perTod to dcterminc -~hether the usc has been detrinental to the surrounding industrlal ncighborhood ln terms of vehtcular and pedestrian traffic. -2- Pt78-97 ~~? ~ ~` 6. That thc sale of repossessed automabiles shall be by sealed bids to lice~scd automobile dealers only, sald dealers having been notlfled by mail of the availability of [he vehicles; and that there shall be no adver[ising or sale to che generai public. i. That no auciions shall be conducted to dispose of the vehlcles. BE IT FURTHER RESOLVED that the Anaheim Gity Planning Commisslon does hereby find and determine that adoption of this Resolution ts cxpressly predicated upon appl(cant's complia~ce with each and all of the conditions hereinabove set forth. Should any such conditlon, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of compeient Jurisdiction, ;hen this Resolutton, and any approvals herein contalned, shall bc deemed null and void. 1978. THE FOREGOING RESOLUTION is sig~ed and approved by me this 8th day of May, . ~ MR RO E ANAHEIN CITY PLANNING COMNISSION AT: EST: ~.Ltr~ ~ /~w.. SELRETARY, ANAH IM CITY LANNING COMMISSIOH STATE OF CALIFafiNiA D COUNTY OF ORANGE ) ss. tlTY OF R`!RtlElM ) (, Edith L. Harrts. Secretary of the Anaheim City Planning Commisslon~ do hareby certify that the foregoing resolution Nas passed and adopted at a meeting of thc Anaheim City Planning Commisston held on May 8~ 1g7E, at 1:30 p.m,~by the following vote of the members thereof: AYES: LOMMISSIONERS: BARNES, HERHiT~ KING~ LINN NOES: LOMMISSIONERS: DAYlD ABSENT: COMMISSIONERS: JONNSON. TOLAR IH VITNE55 WFIEREOF~ 1 have hereunto set my hand thTs 8th day of May~ 1978. ~~.~. .~° ~~ ~ECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- Pt78-97