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PC 80-90RFSQLUTIOtI f10. PC20-9n A RESOLUTIO!! OF TIIE AP!l1HE1'1 CITY PLFF!~IIIJG CO?11115SIQPd THAT PETIT101J FO!; CO~IDITIOPIl1L USE PERhIIT >!0. 20?3 GRAPdTED, WHEREAS, the Anaheim City Planning Commission c7id receive a verified petitic,n for Conditional Use Permit from J011~! PRIEM, SP,., 3;? South Knott Street, Anaheim, California g2~i~3, o~rner of certain real property situaT.ed in the City of Anahein, County of Orange, State of California, clescribed as follo~~~s: THOSE PORTIOP!S OF LOTS 1, 2 A~ID 3 OF TRACT Pl~. •'~03, PER '1AP RFCOP,UED IN B00!; lf, PAGF 11, OF MISCFLL,4f[E~US t1APS, i~l THF OFFICE OF TNE COUPdTY RECOP,7ER OF S.41D COUtJTY, t~?OP,E PARTICULl1RLY DFSCRIBED AS FOLL041S : GEG I Pl!d I h1G AT Tf!E °OUTfi!!ESTERLY CORPlER OF SA I D LOT 3; TI1E'!CE EASTERL'( ALOf!G TFIE ~~UTfIERLY L i ME OF SFl I D LOTS TO THE SOUThIEASTEP,LY COR~IER OF SA I D LOT 1;' THEt1CE !I~!•',TNERLY ALOt;G TFIE EASTCRLY LIM[ OF SA!D LOT 1 TO TF!E SOUTFIER~Y LINE OP THE tl!1RTIIERLY 56 FEET OF SAID L!1T 1; THENCE 41ESTERLY ,1LOP;G SFlI~ L1ST-MEPITIO~lEC SOUTHERl,Y LIMF A DIST~~!CE OF 2'1 F[ET; TF?ENCE tJORTH4IESTERLY I~I A DIRECT LI;dF T'0 THE SQUTFI!;ESTERLY CORHER OF P10°THEr LY 3C FEET OF THE EASTERLY !t0 FEET OF SAID LOT 1; THEP!CE 4!EST[?LY ALQP7G THE SOUTNERLY LI~dE UF TFIE DlORTHEP,LY 3~, F[ET OF S/11D LOT 1 T(? THE EASTF..RLY L I NE OF SA I D LOT 2; Tf-!EtJCE SOUTIiERLY ALO„~ SA I D EASTERLY LIME OF L^T 2 TO 7HE SOUTFIERLY LItIE OF THE ;JORThIERLY (1 FEE7 GF SF1lD LOT 2; TNEPICE l1EST[RLY ALOh1G SP,ID SO!!THEP,LY LIUF TO THE 4lESTEP,LY LIFIG OF THE EASTERLY 30 FEET OF SFlID LOT ?; TH[NCE tJORTHERLY ALOPiG SA I D blESTERLY L I PlE TO TNE SOUTNE(;LY L I NE OF THE tJORTI-IERLY 3C FEET OF SAID LOT 2; THENCE IJESTE°LY ALOPIr, THF SOUTHERLY LItJE OF THE tJORTFiEP,LY 3F~ F(:ET OF SAID LOTS 2 AP1D 3 TO THE k~ESTERLY LI~lE OF SAID LOT 3; THEPICE SOUTNERLY AL~PIf SAID WESTERLY Ll^!~ 0~ LOT 3 T^ Tf,E P01"T 0,- ~CGi~~f.i~1G;;,[!U PARC[L 1: LOTS 4, , APID 6 oF TRACT ;JO. 40;, I~d THE CITY oF AtdAHE IM, COUNTY OF OP,ANGE, STATE OF CAL I FORPJ IA, AS PEP, !1qP RECORDED IPJ BOOK 16, PFIGE 11 OF !11SCELLAIdEOUS MFIPS, IPI Tfi~ OFFICE OF THE COUPITY RECORDER OF SAID CO!I~JTY, EXCEPTING TFIFREFROM TIIE NORTHERLY 36,p0 FEET. ALSO EXCEPTIMG FROM LO7 6, TIiE FOLLO!dl"!G DESCR I BED LFlND: EEG I WU 1 ~dG AT A PO I t!T I P! TNE SOUT(! L i^IF OF TNE t~ORTH 3E FEET OF SAID L~T E~, DISTFlNT EAST~RLY 40 FEET FP,OM THE' l•lEST L i PJE OF SA I D LOT 6, TFIEMCE b1ESTERLY ALO~JG SA I D SOUTf! L; P;[ ~~0.00 FEET TO 5A 1 D I,~EST L I NE, TFIEF~CE SOUThIERLY 2~ FFET T~ A L I ~!E TI1AT IS PARALIEL IJITH AND DISTAPdT SOUTHEpLY 2~ FEET, MEASU2[D AT R I GNT ANGL[S FP,0~1 SFl I D SOUTHEP,LY L I tJE, THEMCE EASTfRLY ALOrir, SA I~ PARALLEL LIfIE 20 FEET: THE~ICE ~J~RTHEASTERLY TO TNE POINT OF BEG I Ntl I Pdf,: nr~~ PARCEL 2: A~! UPlD I V I ~EJ 1/52ND I fJT[REST I f! THf E/~ST 3'? FEET OF i HE SCUTfi 25 FE[T 0~ THE ldOP,TH Gl FEET OF LOT 7., IN SAI~ TRRCT ~10. 403, A~iOV~ DESCRI!:ED. 41HERE.AS, the City Planning Commission did hold a puhlic hearing at the City Hall in the City of Anaheim ori June 2, 1~30, at 1;3n p,~,~ notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anah~im Municipal Code, Chapter 1£3.0?, to hear and consider PC30-90 evidence for and against said proposed conditional use permit and to investl9ate and make findings and recommendations in connection there~~ith; and WHEREAS, said Cornmission, after due inspection, investigation and study made by itself and In its behalf, and after due consideration of all evidence and repor*_s offered at said hearing, does find ancl determine tlie follov~in~ facts: 1. That the proposed use is properly one for vihich a condttional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit: to permit an automotive servicing center ~~ith ~•~aivers of: ` (a) SECTIOIJ 1Q,1!1~,062.011 - Maximum structural height. 9 eet permitted at 1_, eet from RS-•7200 zoning; ~~^ 15 feet proposed) (b) SECTION 1c~.44.063.070 - Plinimum landscaped setbacl<. -(5 and 10 Pet reauired; + •eet proposed) 2. That the above-mentioned waiver (a) is hereby granted on the basis that there are existing t~•~o-story structures in the imnediate area and strict application of the zoning code deprives tlie property of privileges enjoyed by other property under identical zonin9 classification in ttie vicinity. 3. That the above-mentioned waiver (b) is hereby grantecl on the basis that required dedication for street tiaidening purposesdecreases the size of the property and the request for alaiver of landscaped setbacl; is minimal. 4. That the propose~ use o-~ill not adverseiy affect the adjoining land uses and the groN~th and development of the area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use is adequate to allo.~ the full development of the p~oposed use in a manner not detrimentat to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. ~i. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimentai to the peace, health, safety and general welfare of the Citizens of the City of Anaheir~. 7. That the traffic generated by the propos?d use arill not impose an undue burden upon the streets and high~-~ays designed and improved to carry the trafflc in the area. £3. That no one indicated their presence at said public heartng in opposition; and that no correspondence t:~as received in opposition to the subject petition. [tlVIP,OP1hfENTAL It1PACT FINDIPJG: That the Anaheim City Pianning Commission has reviewed ~he proposal to reclassify subject property from the RS-A-~i3,000 (Residential/Agricultural) Zone to the CL (Commercial, Limited) 2one to permit an automotive servicing center v~ith waivers of naximum structural hei~ht and minimum -2- PCE30-q0 landscaped setbacl; on an irregularly-shaped parcel of land consisting of approximately 0.53 acre having approximate frontages of 295 feet on the south side of Lincoln Avenue, 6h feet on the east side of hlarding Drive an~l a frontage of 6C~ feet on the ~aest side of Grand Avenue; and does hereby approve the PJegative Declaration from the requirement to prFpare an environnental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this tlegative Declaration since the Anahein General Plan designates the subject property for general commercial larcf uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initlal Study submitted by the petitioner indicates no significant indtvidual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NO1J, TfIEREFORE, QE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Patition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order tc preserve the safety a~d ~eneral welfare of the Cttizens of the City of Anaheim: 1. That this Conditional L'se Pernit is granted subject to the completion of Reclassification No. 79-80-39, no:r pending. 7. That subject property shall 6e developed substantiaily in a~cordance with plans and specifications on file with the City of Anaheim marl;ed Exhibit Nos. t and 2. 3. That Condition iJo. 2, above-menCioned, ,nall he complied with prior to final building and zoning inspections. BE IT FURTtiER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the con~itio~s hereinibove set fnrth. Shouid any such condition, or any part thereof, be declared invalid or unenforce~ble by the final judgment of any court of competent jurisdiction, then this Resolution, and a~y approvals herein contained, shall be deemed null and void. 19u0. THE FORFG01 NG P,ESOLUT 10°1 i s s i gned and appro~ied by m~ tl~ i s 2nd day of June, f. K~C^'- - CfiA I R410h1APJ, APlAHE I t1 C ITY PLAPdtd I NG COMM I SS I ON ATTEST: lo ~ ~C • ~i~~~ SECRETARY, ANANEII•1 CITY PLA~IHI"~G C0~4•11SSIOhI -3- PC3n-9o STATE 0 f- CAL I FORP! I A) COUPJTY OF OP,AtJGE ) ss. CITY OF AtlAIiEIP1 ) ~, cdith L. tlarris, Secretary of the Anaheir,i City Planning Commission, do hereby certify that the foregoing resolution v~as passed and adopted at a meeting of the Anaheim City Planning Commission held on June 2, 193n, by the foliowing vote of the members thereoF: AYcS: C011MISSIOMERS: E3USHOREy DAVID, FRY, KINf NOES: COMMISSIOhlEP,S: BARPJES, TOLAR ABSENT: C014~i1S510NERS: FiER6ST I~~ 4lITPJESS WHEREOF, I have hereunto set my hand this 2nd day cf June, 1980, ~~ ~ ~A~ ~ SECZETARY, ADIAHE I M C ITY PLAMN I ~!G C~t1M I SS I OPI -la- PcIIn-~o ~,_