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PC 82-166RESQLUTION NO. PCA2-166 A RESOLUTION OF THE ANAHEIM CITY PLA'~INING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2371 HE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from HCM LIMITED PARNERSHIP, 231 West Katella Avenue, Anaheim, California 92802, owner, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 9 OF TRACT NO. 3330, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGE 21 ~1ND 22 OF MISCELLANEOU& MHPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE NORTHERLY 100 FEET THEREOF. WHEREAS, the City Planning Cummission did hold a public hearing at the City Hall in the City of Anahetm on September B, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and iii its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following Eacts: 1• That the proposed use is properly one for which a conditional use ge~'mft _is auti~orized bp Anaheia, Municipal Code Section 18.44.050.060 to wit to retain automubile sales in conjunction with an existing a~atomobile rental agency and service station with waiver of the following: SECTION 18.05.064.040 - Prohibited Signs (Portable signs attached to vehicles not permitted; portable signs existing). Z• That the requested waiver is hereby denied on the basis that the petitioner stipulated at the public hearing to remove portable "for sa'_e" signs from automobileh parked on subject property. 3• That the proposed use, a~ granted, will not adversely affect the adjoining land uses as.d the growth and development of the area in which it is proposed to be located. 4• T}~3t the size and shape of the site proposed for the use, as granted, is adequate to allow the full development of the prc,posed use in a manner not detrimental to the particular area nar to the peace, health, safcty and general welfare of the Citizens of the City of Anaheim. 5• That the granting of thP Conditional Use Permit under the conditions imposed, if any, will rot be detrimental to the peace, health, safety and genei.,l welfare of the Citizens of the City of Anaheim. #0197I PC82-166 / 6• That the traffir generated by the proposed use, a~ granted, will nO* imPp~e an undue burden upon the streets and highways desi ~u carry the traffic in the area. gned und improved an3 that no sub~ection; That no one co are ~ondence rwase~ence at said public hearing ~n J petition. received in opposition to tlie ENVIRONMENTAL IMpACT FINDING: That Commission has reviewed tt_~ the Anaheim with an existing autonobile r ental a t n~ etain automobile City Planning sales in conjunction prohibited $iqnS on a 4 Y and service ~tation with waiver of aPproximatel rectangularly-shaped parcel cf land consisting of y 0.42 acre located at the northeast corner of Katella Avenue and Clementine Street, and further descriued as 231 West Katella Avenue Service Station); and does hereby approve the Plegative Declaration from the requirement to (Texaco would be Prepare an environmental impact report on the basis that there no significant irdividual or c•_unulative adverse envirorunental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the oommenst:rate S~Ject property for commercial recreational with the proposal; that no sensitive environmental impacts uare involved in the proposal; that the Initial Study submitted by the petitioner indicates no si,qnificant iIDp~~ctst and that individual or ciiaeulative adverse envirorunental the Negative Declaration substantiating the findings is on file in the City of Anaheim Planning Department. foregoing NOW. THEI2EPORE. BE IT Co~nission does hereb ~SOLVEp that the Anaheim City Planninq the followin y~ant subject Petition for Conditional U i q conditions which are hereby found to be a necessare Perm_t, upon to the proposed use of the subject property in order 4 isite proposed use of Y prere u general welfare of tho S~~ect property in order to preserve r he ssafety and itizens of the City of Anaheim: 1• That the owner(s) of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Clementine Street for street widening purpos~s, 2• That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3' That appropriate water assessment fees as determined by ~e Office of Utilities General Manager shall be paid to the City of Anahetm. f' 4• That s»bject property shall be developed substantially in accordance with plans and s ~ pecifications on file with the City of Anaheir marked Exhibit No. 1. ~-. 5 • That Condition Nos. 1 ~? of ninet ' 2• 3. and 4 shall be completed within a yeriod Y(90) days from the date herein. , , ~' -2- ' PC82-166 .,..___. ._. i ••r, ~ . . . ... ~ sr: i r'`• • ~ - b .~., r1 BE IT FURTHER 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 conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this Sth day of September, 1982. ~~K L~O~V~~~,a"'^~~~. IRM1~N, ANAHEIM CITY P ING COMMISSION ATTEST: ~d~,~.~,~. •~°- ~/l~n~:~. SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CAZIFORNIA ) COUNTX OF ORANGE ) ss. CITY OF ANAHEIM ) 2, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 8, 1982, by the following vote of the members there of: AYES: COMMISSIpNERS: BOUAS, BUSHORE, FRY, HERBST, KII3G, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE IN WITNESS WHEREOI', 2 have hereunto set my hand this Sth day of September, 1982. ~ ~-~L~, i( ~ ~~ ., ~ ' SECRETARY, ANAHEIM CITY PLANNING CUMA22SSION -3- PC82-166