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PC 79-27RESOLUTION N~. P~79-27 A RESOLUTION OF TNE ANAHEIN CITY PLANNING COHMISSION THAT PETITION FOR LONDITIONAL USE PERMIT N0, 1q3~ BE GRANTED NHEREAS, the Anaheim Licy Planning Commission did recelve a vertfled Petition for Condittonal Usc Permit from ARTHUR M, ANO BETTY A. SHIPKEY~ 1428 West Bay, Newport Beach, California 92661, owners. and C, KEPINETN HANiITON. 9Q1 Cardlff Street, Anaheim, California 92806. agent o` certain real property situated in the City of Anahetm, C~unty of Orange, State of California~ descrtbed as: That part of Lot 4 of Anaheim Extension as surveyed by Willlam Hamel and filed tn the office of the County Recorder of Los Angeles Lounty, a copy of xhich is recorded in book 3. Page 163 and foilowing of "Los Angclestounty Maps" in the offlce of the Louniy Recorder, Orange Lounty, California~ described as follows: Beginning at the Northwest corner of said Lot 4. being in the center line of Sycamore S[ree[, ~9.5 feet wide, thence Southerly along the Nest Itne of lot 4 and ihe East line of North East Street 151•55 feet. thence North 74° 31' 10" East parallel to the center line of Sycamore Streec, 190.10 feet; thence North 15° OS' 20" Nes[ 151.55 fect to che Nortfi line o` sald Lot 4 being a point in the center line of sald Sycamore S[reet; thence West along the North line of Lot 4 and [he center line of Sycamore Street. 190.73 feet to the potnt of beginning. EXCEPTINr. THEREFROM the Easterly 65 fcet. WHEREAS, the City Planning Commission did hold a publTc hearing at the City Hall in the City of Anaheim on January 29. 1979. at 1:3q ~.m.~ notice of sald publlc hearing having been duly gtven as required by law and in accordance Nith the provisions of the Anaheim Municipal Lafe. Chapter 18.03~ to hear and conslder evTdcnce for and agalnsi safd prapast~ condltloaat use and [a tnves[iga[e and make findings and recomntrtdatlons in connectton therewlth; and WHEREAS, said Commisston~ after due inspec[ton, Tnvestigatton and study made by i[sclf and ln Its behaif, and after due consideratlon of all evide~ce and reports offered at said hearing~ dces ftnd and determine the follo-ring fac[s: 1, That the proposed use ts properly one for Nhtch a condTtlonal use permit is authorized by Anaheim Municipal Code Sectlon 18.03.030.010 to wit: [o permic an au[omobile repair facility in the CL (Comme~c(al, Llmited) Zone. 2. That the proposed use (s hereby granced subJect to th^ folloNing stipulat~o~s by the petttione~: a. That all work Nfll be limited to brake and front end repalr only~ Nith absolutely no body repair rrork or maJor mechanical repairs to be conducted at thls fac)lity. b. That all work shall 4e conducted wholly Inslde [he bulldTng. Pt79-27 c, That the hours of operation shall be ilmited to 7:30 a.m, to 5:30 p.m. Monday through Saturday. d. That there shall be no overnight outdoor storage of vehicles. e. That a ten (10) foot wide landscaped ptanter shall be provTded adJacent to the east and south property Iines abutting the extsting restdentTal uses. 3, That the proposed use wlil not adversely affect the adJoining land uses and the growth and development of the area in which lt (s proposed to be located. 4, That the size and shapc of the sitc proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general r~elfare of [he Citizens of the CTty of Anaheim. 5, That the granting of the Conditional Use Permit under the conditlons imposed, if any, w111 not be dctrimental to the peace. health, safety and general welfare of the C(tlzens of the Ctty of Anaheim. 6. Tha[ 3 persons Indicaied thelr presence at s~id public hearing in opposition; and that no correspondence was recelved in opposition to the subJect petitlon. ENVIRQNMENTAL IHPACT FINDING: The Planning Director or his authortzed representative has determined that the proposed proJect fatls within the deflnition o` Categorical Exemptlons. tlass 1, as defined in Para9raph 2 of the CitY of Anahetm Environmental impact Report Gutdelines and (s. therefore, categorically exempt from the requlrement to prepare an EIR. NOU, TNQftEFORE, BE IT RESOLVED that the Anaheim CTty Planninq Commission does hereby grant subJect Petition for Londltional Use Permit, upon the following condi[ions which are hereby found Lo be a necessary prerequisite to ihe proposed use of the subject property ln order to preserve ihe safe[y and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of sub;ect property shall deed to the CI[y of Anaheim a strip of land 40 feet in wTdch from the centerline of the street along East Street for street widening purposes. 2. That the most northerly driver+ay on East Strcet and Che most westerly driveway on Sycamore Street shali be removed and replaced with standard curb~ gutter and sidewalks; and that the landscaped ptanter shall be excended across said closures. 3. That the existing underground gasoline storage tanks shall be fitled or removed in accordanc~ wtth the requtranents of the Anaheim Fire Department. 4. That the proposed bustness shail comply with all stgning ~equlranents of the LL (Commercial. Limlted) 2one. -2- PC79-27 5. Tha[ the owner(s) of subJect property submit a letter requesting the terminatlon of Condttlonal Use Permit No.428. 6. That a 6-foot high masonry wali shall be constructed alo~g the south and east property lines. 7, That the exlsting structure shall be brought up to the mintmum standards of the City of Anaheim, tncluding the Uniform Bullding, Plumbl~g, Electrical, Mechanical and Fire Codes as adopted by the City of Anahelm, 8. That subJect property shall be developed substantlally in accordance with plans and speciftcations on file with the City of Anahelm marked Exhibit No. i; provided, ho~ever, that ten (10} foot wide tandscaped planters shall be provided along the eas[ and south property lines. 9. That Condition Nos. t and 5, above-mentioned~ shail be complied with prior to the commence~nent of the act(vity authorized under this resolutlon, or prior to the time that the buitding permit ls issucd. or aithin a pertod of one year from date hereof, whichever occurs first. or such further time as the Planning Lommission may grant. 10. That ConditTon Nos. 2, 3. F. 7 and 8. above-mentioned~ shall be complted wlth prior to final bullding and zoning inspections. BE IT FURTHER RESOLVED that the Rnaheim City Planning Commisston does hereby find and determine that adoption of this Resolution is expressly predicated upon appiicant's comptiance with each and all of the conditions hereinabove set forth. Should any such condi[ion. or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent Jurisdictton. Lhen this ResolutTon, and any approvals herein contained. shall be dcemed null and void. T11E FOREGOING RESOLU710P~ is signed and approved by me this 2qth day of January, 1979. CH 1 MAN~ NA M CI LANNING COMMISSION RTTESi: .. 1 • _ ~ /1 A.t~ .~ SECRETARY~ lAHEIM CIT NNING LOMHISSION STATE OF LALIFORNIA ) COUNTY OF ORANGE ) ss. CITY Of ANAHEIM ) I. Edith L. Harrts, Secretary of the Anahein City Planning CarnnlssTon~ do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commtssion held on January 29~ 1979~ at 1:30 p.m.. by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES. BUSHORE. HERBST, KING~ TOLAR NOES: COMM15590NER5: NONE ABSENT: COMMISSIONERS: DAYID, JOHNSON IN IJITNE55 WHEREOF, I have hereunto set my hand this 2Qth day of January, 1979. ~ _3_ SECRETAR , PC79~27