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PC 78-98~ESOLUTIQt7 N0. PC7$-9g A RESOLUTI~N OF TNE ANAHEIM CITY PLANNING CONMISSION THAT PETiTIO~t FOR CONDITIONAL USE PERMIT N0. 1829 BE GRANTED WHEREAS, the Anaheim City Planning Cortmisslon did receive a verified Petition for Conditional Use Permii trom JOSEPH M. AND MARY M, AN70N, ipi6 West Pioneer Avenue, Anaheim. California ?2805, owners, and LANSDALE ~ CARR, 17622 Armstrong Avenue, irvine~ California 92~14, agent, of certaln real ~roperty situated in the Ci[y of Anaheim, Coun[y of Orange, State of Caltfornia, described as: LOTS 1, 2 RND 3 IN BLOCY. "A" OF TRALT NQ. 374~ IN THE CITY OF ANAHEIM, GOUNTY OF ORANGE, STATE OF LALIFORNIA~ AS PER MAP RECORDEO IN BOOK 15 PpGE 28 OF MISCELLANEOUS MAPS, 1~~ THE OFFICE OF THE LOUNTY RECORDER OF SAIQ COUIlTY. IJHEREAS, the City Planning Commtsston did hold a publtc hearing at thc City Hall in the Clty of Anaheim on Hay 8, 1978, at 1:30 p.m.. notice of said public hearing having been duly given as required by 1aw and in accordance with the provisions of the Anaheim Municipal Code. Lhapter 18.03, to hear and consider evidence for and against said proposed condt[tona) use and to Tnvestigate and make ftndings and recommendations in connection therewith; and WHEREAS, said Lommission, after due inspection, investigation and study made by itself and in its beha)f~ and aftcr due consideracior: of a!i evidence and reports offered a[ said hearing, does ffnd and de[ermine the following fac[:v: 1. That the proposed use is properly one for whir_~ a condtttonal use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 t~ wit: to permlt a tire sales and Installation facflity wlth walvers of: a. SECTION 18.06.060.022 - Ninimum number of arkin s aces. 20 s aces requ red; spaces proposed b, SECTION 18.44.064.010 - Minimum setback landsca in . 3 eet requ red; none proposed) sald watvers result from therfullcwldth designationeofeLanPalma~Avenue by theSAnahelm General Plan, dedlcation to satd Hidch excessively decreasing the usable size of approvaiPisPsubyecta[ottheefore, establishing a hardship; and furthermore~ that 1 petfttoner s stlpulatton the the minimum number of parking LnaPalma~Avenucmuntilmsuchbtlme LadPalmanAvenue is wideneddto ItseultTmateewid~hsting 3. That the proposed use wtll not adversely affect the adjolntng land uses and the growth and development of the area in Which tt is proposed to be located. 4. That the size and shapc of tht site proposed for the use Is adequate to allow the full develo~ment of the proposed use in a manner not detrimental to the Pa~tlcular area nar to the peace~ health~ safety, and general welfare of [he Citlzens of the Ctty of Anaheirn, PC78-98 5. That the granting nf chc Conditlonal Use Permit under [he conditions imposed~ if any, will not be detrtmental to the peace. health. safety and gencral welfare of the Cttizens of thc City of Anaheim. 6. That one person tndicated their presence at satd public heartng in opposi[ion; and that no correspondence was received in opposit(on to the subJect petition. EtIVIRONMENTAL IMPACT FINDING: Tha[ [he Anaheim City Planning CorsmissTon has ~evlewed the subject project to perm(t a tire sales and tnstallatton facllTty witn waivers of minimum number of parkfng spaces and minimum setback tandscaping on an irregularly-shaped parcel of land consisting of approximately 0.3 acre located at the sou[heast corner of La Palma Avenue and Harbor Boulevard, having approximate frontages of 1C2 feet on the south side of La Palma Avenue and 165 fect on the east side of Harbar Boulevard; and does hereby approve the Negattve Declaratton from the requTrement to preparc an environmental Impact repn~t on the basis that there would be ~o significant indivOdual or cumulative adverse environmental impact due to the approval of [hIs Negative Declaration slnce the Anaheim General Plan designates the subJect property for low density residentTal land uses commensurate with [he proposal; that no sensltivic envtronmental impacts arc iirvolved in the proposal; that the Inlttal Study submttted by the petttloner Indicates no significant Individual or cumuiative adverse environmental Impacts; and that the t~egative Daclaration substantiacing the foregoing findings ls on filc in the CTty of AnaheTm Planning Department. NOW. THEREFORE, BE IT RESOLVED [hat [he Anahcim City Planning Carmission does hereby grant subje~.t Petition for Conditional Use Permit, upon the following conditlons which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order La preserve the safety and general r.elfare of the Citizens of the City of Anaheim: i. Tha[ che awrser(s) af sutJect praperty shall psy to Lhc Ctty of Artsheim the sum of 95 cents per front foot along Harbor Boulevard and La Palma Avenue for tree planting purposes. 2. That [he curb cut on La Paima Avenue shall be closed and replaced Nith sCandard curb, gutter and sidewalk; and that the alley en[rance may be enlarged subject to the approval of thc Lity Engineer. 3. That the o-mer(s) of subJect property shall submic a letter requesting the terminatlon of Variance No. 2720 a~d Condttlo~al Use Permit Numbers 698 and 859- Q. That subJect property shall 6e developed substantially tn accordance with plans and specificattons on ftle Nith the City of Anahetm marked Exhlbli Nos. 1 through 3; Provided~ however. t}wt [he curb cut on La Palma Avenue shall be closed and replaced with standard curb, gutter and sidewalk. 5. That Condition Nos. 1 and 3, above-mentioned. shalt be complled with prTor to the commencement of the activity authorized under this ~esolution, or prtor to che time that the butld(ng permit is issued~ or wTthin a perlod of one year from date hereof. Hhlchever occurs first~ or such further time as the Planning Commission may grant. 6. Thai Condicton Nos. 2 and 4~ above-mentioned, shall be canplled with prior to ffnal building and zoning inspections. -2- Pt78-98 s t~ . ,, BE IT FURTHER RESOLVED that the Anaheim Ctty Planning Cammisslon does hereby fTnd and determine that adoption oF this Resotution ts cxpressly predicated upon applicant's compllance r+ith each and all of the conditions hereinabove set forth. Should any such condi[ton~ or any part thereof, be declared invalld or unenforceable by ihe final judgment of any court of competent Jurisdiction, ehen this Resolution, and any approvats herein contalned~ shall be deemed null and void. 1978. THE FOREGOING RESOLUTiON is signed and approved by mc this 8th day of Nay~ H M PRO TEM RE ANAIIEIM CITY PIANNING COMMISSION ATTEST: ~~~~,~ .2° ~,,, ~... E~ CRE`~ARV,T~kAHE IM C 17Y PLANN I NG CO!1M I SS I ON STATE OF CALIFORNIA ) C4UN7Y OF ORANGE ) ss• C ITY Of A~lAHE IN ) t~ Edith L. Harris, Secretary of the Anahelm City Planning Commission, do hereby certify that Lhe foregoing resolutlon vras passed and adopted at a meeting of the Anahcim City PlannTng Commission held on May 8, 197&~ at 1:30 p.m.,by the following votc of the meanbers [hereof: AYES: COHMISSIONERS: BARNES. DAVID. MERBST, KING, LINN NOES: COMMISSIONERS: NONE ABSENT: COMHISSIONERS: JOHNSON, TOLAR IN VITNE55 NHEREOF, 1 have hereunto set my hand this 8th day of May. 1978. ~,~, ~../. 1 1~.~.~, SECRETARY. ANAHEIM CITY PLANNING CQMHISSIUH -3- Pt78-98