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PC 79-70RESOLUTION N0. PC79-70 A RESOLUTION OF THE ANAHEI'~ CITY PLANNING LOMHISSION THAT PETiTION FOR COtIDIT10NAl USi. PERMtT N0. 1°61 BE GRANTED NFIEREAS. the Anaheim City Planning Canmission dtd recelve a verified Petltion for Conditional Use Permit from NICOLAS KIVA KLETZEL, ET AL, c/o THOMAS W. WALSH, 433 NorLh Camden Drive, Beverly Nills, f,alifornia, 90210~ ormers. and MARt: STEVEt~S, 5555 South Sepulveda Boulevard, Cuiver City. California 90230, agent, of certain real property situa[ed in the Cit/ of Anaheim~ County of Orange, State of Califor~la, described as: Lot 7 of Block 8 of the Golden State Tract. as sho`+n on a nwp recorded in Book 4. Pages 66 and 67 of Mtscellaneous Haps, records of Orange County, California. Except therefron that portlon described as follows: Be9lnning at the (ntersection of the centerline of Anahetm RoaA, ~~0.00 feet wide, as shown on said map with the centeriine of Blue Gum Street, 4n,p~ feet oride, snam as an unnamed street adjointng said Block 8 on the East on said Map; thence along said centerline of Blue Gun Street, North 1S° 58' 1F" West 85.00 feet; thence South 74° O1' 44"Nest. 3~,~~ feet; thence South 21° 14' 44" Nest; 43.92 feet' thcnce South 77° 0~' 23" west 604.40 fee[ to chc ilesterly line of said Lot 7; thence along said NEsterly line and the Southerly prolongacion [hereof, South 15° 58' 21" East 81.57 feet to the centeriine of Anahetm Road; thence along said centerline of Anaheim Road, North 74° 0~3' 4F" East, 660.10 feet to the point of he9lnning. IJHEREAS. the Cicy Planning Commission did hold a publtc heartng at the City Hall in the Clty of Anaheim on April 9, 1979, at 1:3A p.m.. notice of sald public hearing having been duly given as requtred by law and in accordance with the provlsions of the Anahetm Muntcipal Lode. Chapter 13.03. to hear and consider evtdence for and agatnst said proposed conditlona! use ancf to invest(gate and make findings and recommendattons in connection therewith; and WHERERS. said Commisslon. after due inspection, tnvestigatton and study made by ltself and ln its behalf~ and af[er due consideration of all evidence and reports offered at said hearing~ does find and determine the following facts: 1. That the proposed use is property one for which a conditional use permit is author(zed by the Anaheim Munlcipal Code Section 1H.03.~30.010 to wit: to permi' retail sale of tlres and au[omobile parts in the ML (Industrial. Limited) Zone. 2. That the proposed use is hereby granted for a one~ year period of time to terrninate on the expiratton date of the exfsting lease on April 28, 1g30. 3. That the proposed use Is hercby grantead subJecC to the petitioner's stipulation that there will be no slgns, banners or other advcrtising dlsplayed on the bullding to identtfy this building as a retail sales faciltty. Pt79-10 4. That the proposed use, as granted, will not adversely affect the adJoining land uses and the growth and development of the »rea in whtch it is proposed to be located. 5• That the size and shape of the site proposed for the use, as granted~ is adequate to allow the full develo~nent of thc proposed usc in a manner not de[rimen[al to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Condttional Use Permit under the cond(tions imposed, if any, wili not bc detrlmental to [he peace, health, safety and generai welfare of the Citizens of the Lity of Anahelm. 7. That no one indicated [heir presence a[ said public hearing in opposition; and thaL n~ correspondence r~as received in opposition to the subject petition. E~~VIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit the retail salc of tires and automobile parts in the ML (Industr(al, Limited) Zone on a rectangularly-shaped parcel of land consisting of approximately 10 acres locate~ at ihe northwest corner ~f Mfraiana Avenue and Blue Gum Stree[, havfng approximate frontages of 790 fee[ o~ the north side of Hiralom~ Avenue and 600 feet on the west stde of Blue Gum Screct; anJ does hereby approve the Negative Declara[lon from the requircnen[ to prepare an environmen[al impac[ report on the basis that [here would be no significant individual or cumulative adverse environmental inpact due to [he approval o" this Neaative Declara[ton since the Anahetm General Plan designates the subject propcrty for general industrlai tand uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initfal Study submit[ed by the petittoner indtcates no significant individual or cumulative adverse envtronmental inpacts; and that the Negative Declaration substantiating the foregoing ftndings is on file tn the CTty of Anaheim Planning Departmen[. N~W~ THEREFORE, BE ~T RESOLVED that the Anaheim Cfty Planning Commission docs hereby grant subJact Petition for LondltTonal Use Permlt, upon the following condltions which are hereby found to be a necessary orereauisite to the orooosed use of the subJect property tn order to preserve the safety and general welfare uf the Citizens of the City of Anaheim: i. That the proposed retail sales factlity shaTl comply wtth all stgning requirements of the ML (Induscrial, Limfted) 2one, and that there shall be no signs. banners, or other advertising identifying the building as a retatl sales fac(lity. 2. That subject property shall be developed substantially in accordance with plans and speciflcations on file wfth the Lity of Anahefm marked Exhibit Nos. 1 through 3. 3. That the use is granted for a period of one yr.ar and will terminate on April 28~ 1980, the exptration date of the exTstinn bullding lease. BE IT FURTHER RESOLVED that the Anahetm City Planning CammTsslon does hereby find and detcrtnine that adoption of thts Resolutlon 1s expressly predicated upon applicant's compllance with each and all of che conditions hereTnabove set forth. -2- PC79-7o Should any such condttion, or any part thercof, be declared i~valid or unenforceable by the final Judgment of any court of competent Jurisdiction, then thts Resolution. and any approvals herein contatned~ shall be deemed null and votd. THE FO°~GOING RESOLUTION is slgned and approved by me th(s 9th day of April, ~979. . A I CITY ANNING COMHISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSIOtI STATE OF CALIFOR~21A } COUPlTY OF ORANGE ) ss. CITY OF AIJAHEIM ) I~ Edith L. Harris, Secretary of the Anahefm Ctty Planning Lommission~ do hereby certify Lhat the foregoing resolu[ion was passed and edoptcd at a meetin9 of tha Anaheim City Planning Canmission heid on April 9~ 1979, by the foltowing vote of [he members thereof: AYES: COMMISSIONERS: BUSHORE, DAVID~ HERBST, KING NOES: COMMISSIONERS: NONE A85ENT: LOMMISSIONERS: BARNES, JOHNSON. TOLAR IN VJITNESS WHEREOF, 1 have hereunto set my hand Chts 9th day of April~ t979• ~~ .~ .° ~,~;,. SECRETA4Y. ANAN~lM f1~Y ~A`!MlNG COr,y155lOf! -3~ PC79~7o