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PC 82-113/"~ RESOLU'~IOI,I t10. PC~32-113 f~~ A RESOLUTIOt! OF TIIE A~1/1ii[IFt CITY PLAidIJIN(; C~H~IISSIOM TIIAT PFTITIO'; FOR CQ~IJITIO~JAL USE PER!11T PIO. 233`~ ~;F GRAtlTFD 1~lIiEREAS, tne r1naheim City Pl~nning Commission did receive a verified Pet i t ion for Cond i t ional Use Permi t from ARTIIIIR IIERBERT & 13ETTY AIdFI SHI PKEY, 11~23 '~JesL (3ay, tde~•rport I3each, California 97_6~~6, o~~mer, anrl KFN NAh11LT~P1. ~i2fi Nortli [ast Strce~, C,naheim, Cal i forn;a 92S75, and Vl11_ERIE !1FRRIh1A~l, P.O. Dox 54G, Calimesa, California 923?_0, agents, of cert~in real pronerty situated in the City of Anaheim, County of Orange, State af California, described as: TFIAT PART OF LOT 4 OF AMAHEIM EXTEI•1SIOhl AS SIIR~I~YFD [3Y llll_! IA~4 HAMEL A!dD FIL[D Itl Ti1E OFFICE OF TIfE CQUhlTY RECOROER OF LOS APlGELES COUiJTY, A COPY OF WIi I Cfi I S RECORDED I ~! EiQQI< 3, PAGE 163 AN~ FOLLO'~11 tJG OF "LOS AtIGELES COU:dTY t1APS" I td Tfif ~FFI CE OF THE COUNTY RECORDER, ORAtJGE COU?lTY, CALIFORFJIA, UFSCRIBED AS FOLLOWS: I3EG I~dIJ I IJG AT THE t~QRTI11JE5T COR?JER QF SP, I D LOT h, BE I Nr, I M THF CEidTER LIidE OF SYCA110RE STREET, 49.5 FEET WIDE, TiiEidCE SOUTHERLY ALONG THE WEST LItdE OF LOT 4 APID THE EASi LINE OF NORTN EAST STREET 151.55 FEET, THEIdCE NoRTH 74° 31' 10" EAST PARALLEL TO T~IE CEWTER LIi~E OF SYCAIIORE STREET, 190.1~ FFET; TI~IENCE NOP.TH 15° 05~ 20" IJEST 1 ~ 1.55 FEET TO TfiE NORTH L I PJF OF SA I D LQT ~a [3F I NG A P01 NT li! Th;E CE.lTER LIME OF SAID SYCAt•102[ STREET; TiIE~lCE WEST A! O~If, TNF NORTH LItJE OF LOT 4 AFlD THE CEIdTER LIidE 0~ SYCA~•10RE STRFF.T~ 190.73 FEET TO THE POINT OF DEGINNING. E!CCEPTIIJr, T1iEREFROFI THE EASTERLY 65 PEET. WIIEREAS, the City Planning Commission did holcl a public hearing at the City Na11 in tfie City of Anaheim on June 2, 1~37., at 1:30 p.m., nntice nf said oublic hearing having been duly given as required by laid an~l in accordance wTth the provisions of the Anaheim t4unicipal Code, Chapter 13.D3, t~ hear and consider evidence for and against said pro~~osed conditional use permiC and to investigate and mal<e findings and recommendations in connection therewith; an~l tJI1EREA5, said Commission, after due inspection, invr_stigation and study made by itself and in its behalf, and aft~r due consideration of all evider~~-e and r~ports offered at said liearing, does fiind and determine the folloaring facts: 1. That tiie proposed use is pronerly one for which a conditional use permit is autliorized by Anaheim ~lunicipal Code Sectlon 1~,03.~30.010 to wit to permit expansion of an existing automobite repair facility. 2. That the proposed use will not adversely affect the adjoining land uses a nd the gro~atli and d~vel opmen t of tlie a rea i n wh i cti i t i s proposed to be 1 oce ted. 3. That the sizc allow the full development particular area nor Lo tlie o f the C i ty of Anafie i m. and shap~ of the site proposed for the use is adequate to of thr_ prupose~ use in a manner not detrimental to the peace, health, safety, and general welfare of the Citizens Pc32-tt3 ~~4,' ,j ~\ r~ ~I. Th~t the granting of the Conditional Use Permit un~fer the conditions imposed, iF any, will not be detrimental to the peace, health, safety and gen~ral welfare of the Citizens of the f,ity of Anaheim. ~. That the traffic generated by the prcposed use ~,•fill not impose an undue burden u;~on the streets and highways designed and improved to c:~rry the traffic in tfie area. G. That no one indicated their presence at said puhli!:' hearing in opposition; and that no correspondencr_ was r~ceived in op~osit.fon to the su!:ject petition. EWVIROP1MEiJTAL IMPACT FfIJDiW~: That the llnaheim Citv Planning Commission has revieweJ the proposal to expancJ an existing automobile repair facility on a rectangularly-shaped parcel of land consisCing af approximately 0.3 acre, located at tiie sout!ieast corner of Sycamore Street and East Street (~+24 North East Street); and does hereby approve the Ne9ative Declaration from the requirement to prepare an environmental impact report on the basis tli~t there ~vould be no significant individual or cumulative adverse environmental impact due to the approval of this P~egative Declaration since the Anaheim General Plan designates the su~ject property for general commercial land uses commensurate i-+ith the proposal; that no sensitiv~ environmental impacts are involved in the proposai; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration subs*_antiatin9 the foregoing findings is on file in the City of Anaheim Planning De~artment. N01J, THER~FORE, I3E IT RESOLVED ti~~t the Anaheim City Planning Commissic~n does hereby grant subject Petition for Conditional Use Permit, unon the folloa~ing conditions wfiich are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and ~eneral ~•~~lfare of ~che Citizens of the City of Anaheim: 1. That the owner(s) of suhject property shall pay the traffic signal assessment fee (Ordinance lJo, 3~90) in an amount as determined by the City Council, for each new or expanded commercial builc?ing prf~r tc the issuance of a buil~finc~ p~rmit. 2. That the oiwner(s) of subject property shall pay to the City of A~aheim a fee, in an amount as determined by the City Counr_il, for tree planting purposes along East Street. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked ExF~ibit Plo. 1, 4. That Condition 140, 2, above-mentioned, shall be complied a~ith prior to the commencement of the activity authorized under this resolution, or prior to tlie time tl~at the building permit is issued, or within a period of one year from date 17ereof, ~vf;icliever occurs first, or SUGF1 further ti~ne as the Planning Commission may grant. 5. That Condition No. 3, above-mentioned, shall be complied with prior to final building and zoninc~ ~nspections. 6. That all repair worlc and automobile storage shall br_ conduc:ed inside the building. -2- PC`~2-it3 .ai~t~^ l3C IT FURT;~ER RES01_VED tiiat thc Anaheim City Planning Commtssion does hereby find and deterrnin~ that tlie adoption of this Resolution is expressly predicated upon applicant's compliance ~aith eacfi and all of the conditions hereinahove set forth. Should any condition or any part tfiereof, be dr_clared invalid or unenforceable by the final jud~ment of any court of competent jurisdiction, then this Resolutton, and any approvals herein containecJ, shall be deemed null anr~ void. THE FOR~rotwr, RESOl.UTION is signed and approv~d by m.r. this 7.nd day of June, ~ 9:;2. i" ~~- ~_------ CI I tJ PRO TEMPORE ANAHEIM CITY PLANNIPlG C ISSION ATTEST: ~-C-C~,., SECRETARY, ANAHEIM CI Y PLAtJFJIN9 CQMMISSIOtI STATE OF CALIFORNIA ) COUIJTY OF ORAVGE ) ss. CITY OF A(JAliEltl ) ~, Edith L, liarris, Secretary of the Anaheim City Plannin9 Commission, do hereby certify that the foregoing resolution was passed and ariopted at a meeting of the Anaheim City Pianning Commission I~eld on June 2, 1!3i2, at 1:30 p.m., by the following vote of tlie members thereof: AYES: COt4f11SSI0NERS: 6ARNES, [3011AS, FRY, HER3ST, K~°dr;, p1!' gli~~t~y tJ~ES: COMt11SSI0NERS: 'dONE ABSENT: C011FilSSIO~JERS: BUSHORE ~PJ IJITNESS WIfEREOF, I have hereunto set my itand this 2nd day of June, 1932. ~~ .~ ~~A~ _ - SECRETARY, A~JAHEIH CITY PLArlNIN6 COMMISSION -3- rca2-~i3