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PC 79-173~ ,. RESOLUTION N0. PC79-173 A RESOLUTIOF! OP THE ANAHEIM CITY PLAtJNING CONHISSION THA7 PETITION FOR CONDITIONAL USE PER`11T N0. 2013 SE GRAHTED WHEREAS, the Anaheim City Planning Cortnission did receive a verified Petition for Conditional Use Permlt fran GUtJTNER G. JUNf, A~1D ALEXSANDRA JU~~G, 1512 uest Center Street. Anaheim, California, 92805, owners, and RANDY C. BUCHOLTZ, 9791 Yardley Street, Anahetm, Lalifornia 92A04, agent, of ccrtain real propcrty sdtuated in the Ctty of Anahetm, County of Ora~ge, State of California, described as: Those porttons of Lots R and T of Boege's Additlon [o Anahcim, in the Ctty of Anaheim, County of Orange, State of California, as pcr map recorded in dook 3 pages 2 and 3 of Miscellaneous Records, in the office of Lhe County Recorder of Los Angeles County, Caltfornia, [ogether with that portion of Lot 1 of flelen and Lynch's Subdivision, as per map recorded i~ Book 442 page 15~ of Deeds of said Los /ingeles Lounty, descrf6ed as a Nhole as follows: Beginning at a point on the North line of said Lot R, said po(nt beirtg the Northeast corner of the land conveyed by Tirmn J. F, Uoege [o J. H. Griffith by deed recorded in Sook 15M page 130 of Deeds of Los Angeles Coun:y, California~ sald point also being South 74° 25' 24" Uest 75.72 fect from thc t~or[heast corner of satd Lot R; Chence South 2° 32' 22" uest 15A,63 feet along the Eas[ line of said land conveyed to J. M. Griffith to an old 4 x 4 post marking the intersection of said East line wlth the Northeast Iine of the right of way of the Southern Pacific Raiiway Company; thence North 57° 10' 38" West 96.02 feet along said tiortheast linc to a point Horth Q.05 feet from a concrete monument marking [he Southwes[ corner of said Lot R; thence conttnuing North 57o i0' 3~" West ?.~1 f~~t; Lhencc 1lortF 2° ;2' 22" .ast 75.29 fee[ [o [he 4festeriy pralongation of the Northeriy linc of said Lot R; thence North 74° 25' 24" East 9F.28 feet along said !lortherly line and prolongation thereof to the poTnt of begi~ning. Except that portion of the Northerly 10.25 fee[ thereof as conveyed to the city of Anaheim for widening center stree[ by deed recorded in Book 161 page 130 of Deeds. Said land is shown on a map filed tn Book 9 page 39 of Record of Surveys, in the office of the County Recorder of sald Orange County. WHEREAS, the Clty Planning Commi,sion did hoid a public heartng at the City Hall Tn the City of Anaheim on August 27, 1979. at 1:3p p,m.~ notice of said publlc hearing having been duly given as requTred by taw a~d in accordance with the provisions of [he Anaheim Muntcipal Code~ Chapter 18.03, to hear and cons(der evidence for and against said proposed conditlonal use permit and to 1~vestlgate and make fTndings and recortmendations in connecLion therewith; and WHEREAS, said Commission~ after due inspectfon, investigatTon a~d study made by itself and in I[s behalf~ and after due consideration of all evldence and reports offered at said hcaring, does find and determinc the following facts: PC79-173 1. That thc proposed use is property o~c for which a conditional use permit is authorized by Anaheim Nuniclpal Code Sectlon 16.61.050,070 to wic: to permit an autanoblle repalr facility in the ML (Industrial, Limi[ed) Zone with a waiv~r of: SEC710N 18.~1.063.013 ~ Minimum landsca ed setback. ect requfre ; none ex~sting) 2. That the requested waiver is hereby gran[ed on the basis that due to the special circumstances of other similar properties in Che area having slmilar setbacks, strict application of the zoning code deprTves the property of ~rivlleges en)oyed by other property under identical zoning classification in the vicinity. 3. That [he proposed use will not adversely affect the adJoining land uses and che growth and development of [he area in whtch it is proposed to be located. 4, That thc size and shape of the stte proposed for the use is adequate to allow the full devclopment of thc proposed use ln a manncr not detrimental [o the particutar arca nor t~ the pcace. hcalth, safety, and general welfare of the Citizens of Che City of Anaheim, 5. That th~ granting of the Conditional Use Permit under the condttions Imposed, tf any, will not be detrfinen[al [o the peacc, heaith, safety and general welfare of the Citizens of the City of Anaheim. 6, That the traffic gencrated by the proposed use will not impose an undue burden upon the s[reets and highways designed and imFroved to carry the traffic in the area. 7. That no one indicated their presence at said pubilc hearing in opposition; and that no correspondcnce was received in opposi[ion to the subject petition. ENVIRONMENTAL IHPACT fINDIt~G: That the Anahelm Lity Planning Cam!ssfon has revlewed the proposa to permtt an automoblle repa[r facility in thc ML (~ndustrial, Limited) Zone with a waiver of minimum landscaped setback on an irregularly-shaped parcel of tand consisting of approximately 0.3 acre, having a frontage of approxlmately 97 feet on the south stde of Centcr Street, havtng a maximum depth of approximately 155 feet and being located approximately 1>0 fcet wes[ of the cen[erline of Nanchester Avenue; and does hereby approve [he 4egative Declaration fran the requirement to prepare an environmental impact report on the basts that there would be ~o significant individual or cu~ulative adverse envlronmental Impact due to the approval of this Negattve Declaratton since the Anaheim General Plan destgnates the subJect property for general industrtal land uses commensurate with the proposal; that no sensttive environmental impacts are involved in the proposal; that the Inttlal Study submltted by the petitio~er indtcates no stgnificant i~divtdua) or cumulative adverse environmental Impacts; and that the Negative Declar~[ion substantiattng thc foregotng flndings is on fTle in the CTty of Anaheim Planntng Department. t~ON~ THEREFORE, BE IT RESOLVED that the Anaheim Clty Planning Commission does hereby grant subJect Petition for Conditional Use Permit, upon the following condltTons which are hereby found to be a necessary prerequtsite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the Ctty of Anahetm; -2- PC79-173 i. That trash storagc areas shall bc provided ln accordance with approved plans on file with the Office of the Executivc Director of PublTc uorks. 2. That the proposed automobtle repair facility shall comply with all signing requirements of the ML zoning. 3, That subject property shall Ee developed substantiatly In accordance with plans and specifications on file wlth the City of Anahelm marked Exhlbi[ Nos. 1, 2 and 3. 4. That Condition Ilos. i and 3, above-mentioned, shalt be complied with prlor to commencement of the actlvtty authorized under this resolution. BE !T FURTtiER RESOLVED that the Anahelm City Planntng Commission does hereby find and determine that the adoption of thts Resolu[ton is expressly p~edicated upon appltcant's compllance with each and all of the condttlans hereinabove set forth. Should any condition or any part thereof~ be declared invalld or unenforceable by the finai judgment of any court of competent Jurisdtction, then this Resolution. and any approvals herein con[ained~ shall be deemed null and votd. THE FOREGOI~IG RESOLU710N is signed and approved by me this 27th day of August, 1979. f HAIRHAN ANAHEIM CITY PIANHiNG COMM155104 ATTEST: ~~ ~ ~ SECRETAR , NAHEIM CI Y LANNING CONMI55tON STATE OF CALIFORtJ1A ) COUNTY OF ORAHGE ) ss. CITY OF ANAHEIH ) 1, Edlth L. Harris, Secretary of the Anaheim City Planning CommTsston~ do hereby certlfy that the foregoing resolution was passed and adopted at a meeting af the Anaheim City Planning Commission held on August 27, 1979~ ac 1:30 p.m,~by the following vote of the members thereaf: AYES: COMMISSIONERS: DAVID~ FRY, HERBST, KING NOES: COMMISSIOPIERS: NONE ABSENT: COHMISSIONERS: BARNES, BUSHORE. TOLAR IN uITNESS WH~REOF~ i have hereunto set my hand this 27th day of August. 1979. ~~ ,(, ' SECRE~AR~N fi K T ~TbA-- -3- PC79-t73