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PC 82-197,.r,,a ~~~ ,~ RESOLUTION NO. PC82-lg7 A RESOLUTION OF THE ANAHEIM CITY PL,AIT~72NG COMMISuION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2389 BE GRANTED WHEIt5A5, the Anaheim City Planning Commission did receive a~~erigied Petition for Conditiorial Use Permit from PIERRE & FRANCOISE A. APHESSETCHE, 5531 Via Arboleda, Yurba Linda, California 92686, owner, and M. H. OSBORN, 2315 North Santiago, Santa Ana, California 92?96, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 12 IN TH3 CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALII'ORNIA, AS PER MAP FILED IN BOOK 168, PAGES 25 TO 27 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hoid a public hearirig at the City Hall in the City of Anaheim on October 18, 1982, at 1:30 p.m., notice ~f 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 recoaunendations in connection therewith; and WHEREAS, said Commission, after due inspection, investiqation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and deterntine the following facts: 1• That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.G1.050.601 to wit: to permit an automobile repair facility in the ML (Industrial, Limited-Scenic Corridor Overlay) Zane. 2- That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3• That the size and shape of thP site proposed for the use is adequate to allow the £ull deveZopment of the proposed use in a manner n~t detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City cf Anaheim. 4• That the granting of the Conditional Use Permit under the conditions imposed, iE any, will zot be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5• That the traffic generate~ by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the lrea. 6• That two persons indicated their presence at said public hearina in opposition; and that no cc~•respondence was received in opposition to the subject petition. #02875 PC82-197 ~a~:~.,.~::~ ;-u„ ..~ ~ ~...~. ~,,,,~ ENVZRONMENTAL IMPACT PINUING: That the Anaheim City Planning Commission has reviewed the proposal to permit an automobile repair facility in the ML (SC) (Industrial, Limited-Scenic Corridor Overlay) Zone on an irregularly-shaped parcel of land consisting of approximately 0.31 acre located at the southeast r_~orner of Eisenhower Circle and Lakeview Avenue, and further described as ~,,8p North Lakeview Avenue; and does hereby approve the Negative Declaration fram the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial ?and uses commensurates with the proposal; that no sensitive environmental impacts are invc:ved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on f.ile in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning ' Commission does hereby grant subject Petition 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 to pr.eserve the safety and general welfare of the Citizens of the City of Anaheim: : I 1. That sidewalks shall be installed along Eisenhower Circle as required rI by the City Engineer and in accordance with standard plans and I specifications on file in the office of the City Engineer prior to ~J the commencement of the activity authorized by this conditional usa ~ permit. z• That the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) for 6,101 square-feet prior to the commencement of the activity authorized by this conditional use permit. 3. That all automotive repair work, auto and auto parts storage shall be conducted wholly within the existing building. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibi.t Nos. 1 and 2. 5. That Condition No. 4, above-mentionecl, shall be complied with prior to final buildinq and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planr.ing 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approva~s herein contained, shall be deemed null and void. ,j'' ,, _j ~ >1 ";.~ + ._ _ . .._.. r~ -2- PC82-197 1 ~ ~ THE FOREGOING RESOLUTION is signed and approved by me thi.s 18th day of October, 1982. n ~ C A , ANAHEIM CITY P COMMISSION ATTEST: ~O~GLk. ~ n.L e SECRETARY, ANAHEIM CITY PLANNING COMMISSIQN STATE OF CAI,IPORNIA ) COUNTY 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 October 18, 1982, bf the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ FRY, KING~ LA CLAIRE NOES: COI~II~ITSSIONERS: BUSHORE, HERBST ABSENT: COMMISSIONERS: MC HUFcNEY IN WITNESS WHEREOI', 2 have hereunto set my hand this 18th day of October, 1982. ~dL/ o~~ ~ ~„ , ' SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC82-197