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PC 79-172RESOLUTION NU. PC79-172 A RESOLUTION OF TIIE ANAHEI!1 CITY PLANNING COHNISSION THAT PETISION FOA CONDITIOt1AL USE PERMIT PlO. 2ntn BE GRANTED uHEREAS, the Anaheim City Planning Commission did receive a verifled Petition for Conditiona) Use Permit from BEVERLY V. LESLEY LOCY.E, 3~~~ West Lincoin Avenue, Anaheim, Lalifornia~ 92801, owner, and CLYDE LARPEftTER G ASSOCIATES, 2760 South Harbor eouleva~d, Suite H, Santa Ana, California 92704, agent, of certaln real property situated in tfie Ctty of Anaheim, County of Orange, State of Callfornia, described as: The West 190 feet of the 1~orth 216 feet of the West half of the North half of the Northwes[ quarter nf thc Northeast quarter of Section 1~, in Townshlp 4 South, Range il West, in the Rancho Los Coyotes, in thc Lity of Anahcim, as per map recorded in book y1. page 11, tllscetlaneous Maps, in the office of the county recorder of said county. EXCEPT those portions of Lincoln Avenue and Vlestern Avenuc as convcyed to the State of California by dceds of record among them being deed recorded January 20, 1y56 in book 33b2, page 306. Officiai Records, tn the office of the coun[y recorder of said county. WHEREAS, the City Planning Commission dtd hold a public heari~g at the City Hall In the City of Anaheim on Augus[ 27, 1~7°, at 1:30 p.m.~ noticc of saTd public hearing having been duiy given as required by law and in accordance wt[h the provisions of the Anahetm Munictpal Code, Chapter 1f3.03, to hear and consider evidence for and against said proposed conditfonal use permit and [o investigate and make fTndfngs and recommendatlons in connection therewith; and WHEREAS, sald Comniss(on, after due inspec[ton, investi9ation and s[udy made by itself r~nd in its behalf, and after due consideration of all evidence and reports offered aL said hearino, docs find and determine the following facts: J 1, Tha[ the proposed use is properly one for which a conditional use permit is auchorized by Anaheim Mu~tcipal Code Sectio~ 18.03•030.010 to wi[: to permit an automobile repair facility in the CL (Commerctal~ Lintted) Zone with watver of~ SECTION 18.06.060.022 - Minimum number of arkTnq s aces 25 required; 23 proposed 2. That the praposed use ts hereby granted on the basis that there are several nearby automotive uses. 3, That the requested waiver is hereby granted on the basis that the request ls minlmal amounting to a devlance of 2 spaces (B$) of thc requlred number of parking spaces. 4, That the proposed use will not adversely affect the adJoining land uses and the growth and devalopment of [he area in which It is proposed to be tocated. PC79-172 5. That the size and shape of the site proposed for the use is adequate to allow the full devetopment of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety~ and general welfare of the Litizens of the Lity of Anahelm. 6. That ihe granting of the Condittonal Use Permit under the conditions imposed, if any, will not be detrlmental to the peace, health, safety and general welfare of the CTtizens of the City of Maheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved [o carry [he ttaffic (n the arca. 8. That no one indicated thetr presence at said publlc hearing tn opposttion; and that no correspondence was received in opposttion to the subJect petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim Ci[y Planning Commission has reviewed t e proposa to perm t an au[omobile repair facility in the CL (Commerc(al, Lfmited) Zone with a waiver of minimum number of parking spaces on a rec[angularly- shaped parcel of land cunsisting of approxima[ely 0.5 acre located at the southeast corner of ~incoln Avenue and UesLern Ave~ue, having a fron[age of approximately 150 fse[ on the south stde of Lincoln Avenuc and a frontage of 150 feet on the east side of Western Avenue; and dces hereby approve the NegativP deciaration fran the requirement to prepare an environmental impact report on the basis that thcre would be no signiflcant individual or cumulative adverse environmental impact due to the approval of [his Negative Declaratio~ since the Anaheim General Plan deslgnates the subJect property for general commerc!al land uses commcnsurate wtth the proposal; thac no sensitive environmental impacts are Involved in the proposal; that the Initial Study submitted by the petitloner lndicates no slgnificant indlvidual or cumulative adverse environmental impacts; and [hat the Negative Declaration substantiating the foregoing findings is on file In [hc City of Anahelm Planning Department. !lQU~ TkEP.EFOP.E. 8E IT R£SQL`!ED thai Lhc Anahci~ C1Ly Planning Canm)ssion dces hereby grant subJecc PetiCion for Conditional Use Permit, upon the followtng conditions which are hereby found to be a necessary prerequistte to the proRosed use of the subJect property in order to preserve the safety and gencral welfare of the Citizens of the Clty of Anaheim: 1. 7hat the owner(s) of subJect property shall deed to the City of Anaheim a strfp of land 45 fcet in width, inciuding a 25 foot proFerty llne radius, from the centerline of the street along Western Avenue for street widening purposes. 2, That the owner(s) of subJect property shall pay to the Ctty of An~helm a fee, in an amount as detPrmtned by the CTty Council, for tree ptanttng purposes along Nestern Avenue and Lincoln Avenue. 3. That the existing most .+esterly a~d most northerly driveways shall be removed and replaced with a standard curb, gutter~ stdewatk and landscaped planter. 4. That the owner(s) of subJect property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the Cicy Councll~ -2- PC79-172 t . '_i for commercial buildings prior to the issuance of a bullding permit for any rterr bullding floor area. 5. That the existing underground gasoline tanks may remain If approved by the Ctty of Arsaheim Flre Department, otherwtse the tanks shalt be removed or filled as requtred by the Fire Department. 6. Shat the existing structure shall be brought up to Lhe minimum standards of the City of Anaheim~ fncluding che Uniform Butlding, Plumbing, Electrtcal. Mechar~ical and Fire Cades as adopted by the City of Anaheim. 7. That the orrner(s) of subJect property shall submit a letter requcsting the termination of Condi[lonat Use Permit No. 1628 to [he Planntng Department. 8. That Che propesed automobtle repair facility shall comply wTth all signing requirements of the CL zoning. 9. That subject property shall be developed substantlally in accordance with plans and specifications on file wlth the City of Anahelm marked Exhibit Nos. i and 2. 10. That Condition kos. 1, 2 and 7, abuve-mentioned. shall be complied Nith prlor to the commencement of the activity authorized under this resolution. or prTor to the time that the building permit is Issued~ or within a period of one year from date hereof, whfchever occurs first, or such further time as the Planning Commisston may grant. 11. That Condition Nos. 3, 5. 6 and 9, above-menttoned, shall be canplled with prior to flnal butiding and zoning inspectTons. BE IT FURTHER RESOLVED Cha[ the Anaheim City Plannin9 Comm(ssion does hereby find and determine that the adoptlon of this Resolution is expressiy predicated upon appllcant's canpliance wi[h each and all of the cond(tions herelnabove set forth. Should any condltion or any part thereof~ be declared invalid or unenforceable by the flnal judgment of any court of competent Jurisdictlon, then this Resolution, and any approvals herei~ contained, shall be deemcd nuli and vold. THE FOREGOING RESOLUTION is slgned a~d approved by me this 27~h day of AugusCr 1979. . CHAIRMAN ANAH~IM CtTY PLANtJiNG C6MMISSION ATTESY: ~~ ~ ~ ~'~CRETA , ANANEIM CI~Y PLANNING COMMISSION -3- Pc79-t7z . (; ~ STRTE OF CALIFORNIA ) COUNTY OF ORANG~ ) ss. CITY OF ANAHEIH ) I~ Edith L. HarrTs, Secretary of the AnaheTm City Plannyng CommTssion, do hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anahelm Ltty Planning Commtsslon held on Augusi 27, 1979, at 1:30 p.m.~by the following vote of the members thereof: AYES: COMMISSIONERS: DAVIO~ FRY, HERBST~ KING NOES: CQMHISSIOt~ERS: NONE AB5ENT: COMMISSIONERS: BARNES, BUSHORE, TOLAR IN WITNE55 WHEREOF, I have hereunto set my hand this 27th day of August, 1979. ~ ~ ~ ~~TT1R ~ N M N I N~ OM STGN - -q- PC79-172