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PC 79-12RESOLUTION NQ, PL73-12 A RESOLUTION Of THE ANAHEIH CITY PLnNNINr, COrfnI55tOM THAT PETITION FOR CONDITIQNAL USE PERMIT N0. 1Q29 BE GRAtITED WHEREAS, the Anaheim City Planning Commfssion did receive a verifted Petitton for Conditional Use Permit from FLOYD V, AtID HELEN M. HARDING, 559 South Anahefm Boulevard, Anaheim, Californfa, 92805. owners, and LE ROY D. OWEN CO., 500 South Main 5[reet, Sui[e 500 LT~ Orange, Callfornia 92668, agent, of certain real property sltuated in the City of Anaheim, County of Orange, State of California. described as: Lots 3, 4 and 5(n Bloc~ A of Tract No. 372 in the City of Anahelm, County of Orange, S[ate of California, as per map recorded ln Book 15, Page 18, Miscellaneous Maps. in the office of the County Recorder of said County. WHER[A5, the City Planning Commission did hold a pubilc hearing at the CTty Hall in the City of Anahetm or January 15, 1~79. at 1:3~ P.m., notice of said public hearing having been duly given as required 6y lar~ and in accordance with the provisions of the Anaheim Municipal LoJe, Chapter 18.03. to hear and consfder evldence for and against safd proposed variance and to investtgate and make findings and recaanendations in connectton therewith; and WHEREAS, said Commission, after due inspection. investigation and study made by Itseif and in its behalf, and after due consideratfon of ail evidence and reports offered at satd hearing, does find and determine [he f~llowing facts: 1. 7hat the proposed use is properly one for whtch a conditlonal use permit is authorized by Anahetm Mu~icipal Code Se~tfon 18.1t5.OS~.0F0 [o wit: to permit a motorcycle sales and service facility. 2. That the proposed use Is hereby granced subJect to the following stipulations by the peti[ioner made at the public hearing: a. That an eight (8) foot high concrete block wall shall be constructed along the public alley and that a gate may be provided in said wall but access shail be only for delivery and servicing purposes wich no customer access being allowed, b, The[ there shall be no testing of motorcycles in the adJacent publtc alley. c. That the loudspeaker for Lhe t~tercom system shall be loca[ed in fro~t of the building only, facing A~aheim Boulevard, and that the volume shail be controlled so that nearby residents cannot hear it nor be disturbed by the notse. PC79-12 d. That the Servlce Department's hours of operation shall typically be Tuesday through Sunday - 9:00 a.m, to 6:00 p.m, and that all servicing sha11 be done insidc the buflding. 3. Tha[ the proposed use wlll not adversely affect the adJolning land uses and the growth and development of the area in ~ahich it Is proposed to be located. 4. That [he stze and shape of the site prooosed for the use is adequate to allow the full development of the proposed use in a manner not detr(mental to [he particular area nor to [he peace, health~ safety, and general welfare of the Cttizens of the City of Anahelm. 5. That the gran[ing of the Conditional Use Pernit under the condi[ions imposed, if any, will not be detrimental to the peace, hcalth, safety and general welfare of the Gitizens of the Ctty of Anaheim. 6. That 3 persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition [o the subject petition. ENVIRO~IMENTAL IMPALT FINDING: That the Anaheim City Planning Conmission has reviewed the proposa to permt[ a motorcycle sales and service facility on a rectangularly-shaped parcel o` land consisting of approximately ~.4 acre. having a frontage of appro~imately 15^ fee[ on the east side of Anaheim Boulevard, having a maximum depth of approximately 1~8 Feet, being located approximately lA0 feet north of the ce~terline of South Street, a~d does hereby approve the Negative Declaratio~ from che requirement ta prepare an env;ronmental impac[ report on the basis t~~at there would be no significant fndiviJual or cumulative adverse envtronmental i~pact due to the approval of thfs tlegative 4tclaration since Che Anahelm General Plan designates the subJect property for general commerclal land uses car~ensurate with [he proposal; that no sensitive environmental impacts are involved in the proposal; tha[ the Initial Study submitted by the petttioncr indicates no signiftcanc individual or cumuiative adve~se envtronmental (npacts; and [hat the Negattve Declaration substantia[ing the foregotng findings Is on ftle tn the City of Anaheim Plannin9 Department. NON, TNEREFORE, BE IT RESOLVED that the Anaheim Lt[y Planning Lortmission does hereby grant subject Petitfon for Conditional Use Permit, upon the following conditfons which are hereby found to be a necessary prerequistte to the proposed use of the subjcct property tn order to preserve the safety and generai welfare of the Citizens of [he Ci[y of Anahelm: 1. That the owner(s) of subJect property shall decd to the City of Anaheim a strip of land 40 feet tn width from the centerline of the street along Anahelm Boutevard for street widening purposes, and a strip of tand 10 feet in wtdth from the centerllne of the existing aliey for altey widening purposes. 2, That trash storage areas shall be provtded in accordance with approved plans on file With the Office of the Otfector of Public Norks. -2- Pt79-t2 3, That the owner(s) of sub)ect property shall pay the Craffic signal assessment fee (Ordinance No. 3896) amounting [0 5180,00 per 10^0 square feet or fractlon thereof of the ca:mercial buildln9 prior to the issuance of a buildtng permit. 4. That [he proposed motorcycle sales and servtce facility shatl camply with all signing requirements of the C~ (Commercial, General) Zone. 5. That subject property shall be developed substantlally in accordance with plans and spectfications on ftle with the Ltty of Anaheim marked Exhibit Nos. 1 through 3: provided. however, that an 8-foot htgh bloc~ wall shall be constructed along the cast property line along the public alley and that one gate may be provided for service vehicles only. 6. That Condition No. 1, above-mentloned, shall be complied with prior to [he commencement of the activity authorized under this resotution, or prior to the time that the building permit is issued, or wtthin a period of one year from date hereof, whichever occurs first, or such further time as the Planning Lommission may grant. 7. That Condi[ion Nos. 2, 4 and 5, above-mentioned. shall be canplied witfi prtor to finai buiiding and zoning inspections. a. That there shall be no custaner access to the adJacent publlc alley nor shall there by any motorcycle testing in said alley. 9. Tha[ there wtll he no loudspeakers except in the front setback along Anaheim Boulevard [o prevent disturbing nearby reside~cs to the eas[. 10. That all motorcycle servicl~g shall be conducted wholly inside the buiiding. 9E IT FURTNER RESOLVED that the Anaheim City Planninq Commission does hereby find and determine that adoption of this Resolution ts expressly predicated upon applicant's compliance wi[h each and all of the conditions herelnabove set forth. Should any such condition. or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of conpeten[ jurisdiction. then this Resolution, and any approvals herein contai~ed, shalt bc dcemed null and void. THE FOREGOING RESOLUTtON is s(gned and approved by me this 15th day of January, 1979. A N, A A E CIT NNING CONHISS ON ATTEST: %o.~ ..~ ~l~zu.:~ SEt;RETARY, ANAHEIM CITY LANNING COMMISSION -3- PC79-12 STATE OF CALIFOR~~IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commtssion~ do hereby cert(fy that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planntng Lamnission held on January 15, 197°, at 1:30 p.m.~ by the foilowing vote of the members thereof: AYES: COM`11SSIONERS: DARNES~ dUSHORE~ DAVIG. fiERBST~ JOHNSQN~ KING~ TOLAR NOES: COMM~SSIONERS: NONE ABSENT: COMNISSIONERS: NONE IN WITNE55 UHEREOF, I have hereunto se[ my hand this i5th day of January, 1979. ~~ ~ ~~ry~~ - SECRETARY~ ANAMEIM CITY PLANNIN, CONMISSION -4- PC79-12