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PC 82-93RESOLU710Pi t10. rc~2-g3 A RESOLUI'IOiJ OF 7HE AtdAHEIPt CITY PLAPJI~ItdG COFIHISSIOiJ TtIAT PETITIO(< FOR COiJDITIO~JAL USE PERhiIT (J0. 233~+ BE GRA~~IT[D ~dHERE/15, the /lnaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from CALIFORtdI/1 SERVIC~S CORPORA710N, 1320 North Tustin ~lvenue, California, 92£306, and D. C. ETCHAPIQY E SON, 470 Dwyer Road, Anahei m, Cal i forni a, g280G, owners and FLOYD F/1P,APJO, 25~5 E. Chapman, Suite 415, Fullerton, California, 92(31, agent, of certain real property situated in the City of ~naheim, County of Orange, State of California, described as: TtIAT PORTION OF LOT 42 OF i-IF~ZARD'S SUE3DIVISIO~I, AS SH041~1 ON LICEDISED SURVEYORS h1AP FIL[D IN EOOK 1, PAGE 26 OF RECOI;D OF SURVEYS, IN TFIE OFFICE OF TI1E COUNTY RECORDER OF OP.ANGE COUNTY, STATE OF CALI FORNIA, GESCRIf3ED F,S FOLLOtJS: BEGIPJNING AT THE tJORThIEAST CORN[R OF SAID LOT, THENCE S 0° 32' S1" E 16.06 FEET ALOfJG THE EAST LINE OF SAID LOT TO TfIE PIORTH4IEST LIPJE OF THE RI GHT OF WAY COPJVEYtD TO SOUTHEP,PJ CALI FOR~JIA RAI I.WAY COMPANY BY DEED RECORDED AUGUST 12, t393 It! BOOK 81, PAGE 346 OF D[EDS; ThIEPlCE SOUTFI4IESTERLY ALONG SAID PdORTFItJEST RIGHT OF !~lAY LINE 34g.34 FEET ALOPJG A CL'RVE COPICAVE TO TtiE SOUiffEAST, H~IVING A RADIUS OF z593•53 fE[T THROUGhI A CENTRAL ~NGLE OF 7° 43' 03"~ THEDlCE COPITINUING TAfJGENT TO SAID CURVE ALOPJG S/11D RIGfIT OF 4lAY S 15 ° 30' 32" W 267.35 FEET TO ThIE 11~RTH LINE OF THE 1~1PlD CONVEYED TO WILLIAM B. SPE[R [iY D[ED RECORDED DECEP4iER 26, 1917 I~l 600K 316, PA6E 398, ~~F DEEDS SAID NORTFI LINE BEItdG ALSO THE NGRTH LINE OF PARCEL 3, OF PARCEL ~9AP RECORDED IN BOOK 47, PAGE 19, OF PARCEL :!.^+.~5, RECORDS OF SAID COUNTY; THENCE S 8~ 20' 33" 4! 622.74 FEET A~ONG SAID NORTH LIM[ A~ID ITS WESTERLY PROLONGATI~~I TO TEiE SOUTHEAST CORNER OF L{1PlD CONVEYED TO PIARTIPJ APALATEGUI MID JUAPJA FlPALATEGUI, HIS 411FE BY DEED P,ECORDED AUGUST 27., 1915, IN BOOK 326, PAGE 2~, DEEDS; THENCE N 0° 32' S1" l•! 600.72 FEET ALOPlG THE EAST LINE OF SAID APALATEGUI L/aND TO TFIE NORTHEAST CORP~ER 7NEREOF, SAID FlORTFIEAST CORt~IER BEING ON TIIE PIORTH LIP~E OF SAID LQT 42; THEMCE N 89° 20' 09" E 815.60 FEET ALONG SAID NORTH LIPJE TO THE POI~JT OF (3EGINPJIiJG. WHEREAS, the City Planning Cortmission did hold a pubiic hearing at the City I~11 in the City of Anaheim on 11ay 17, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with tl~e provisions of the Anahetm i•tunicipal Code, Chapter 18.03,• to hear and consider evidence for and against said proposed conditional use permit and to ir.vestigate and m~ke findings and recommendations in connection therevritl~; and WfIEREAS, said Cortmissior~, after due inspection, inves~igation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heari~g, does find and determine the following facts: Pc82-93 ~. That the pro~osed use is prope;'ly one for ~,~hich a conditional use permit is authorized by Flnahcim Flunicipal Code Section 13,61.050.GQ1 to wit:to permit expansion of an existing a utorpblle auction and de~:ailing faci!ity in the ML ( I ndus t ri a 1, Li mi ted) Zone. Z. That the proposcd use is hereby granted subject to the folloo-~ing stipulations made by the petitioner at the public hearing• a• Tfiat wholesale transactions shall be limited to licensed automobile dealers only, ~~ith no retail sales to the general public. ~• That detai ling shall be 1 imited to ti-~ashing and cleaning of vehicles, battery charging or tire c~5anging, ~vith absolute'ly no body t,~ork or repair v~ork being performed on vehicles at this iocation. 3. 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 ta be located. !E. Tha t the s i ze and s hape of the s i te p roposed for the use i s adeq ua te to a11av the ful l developrr~nt of the proposed use in a manner not detrimental to the particular area nor to the peace, healtii, safety, and general a~elfare of the Citizens of the City of Anaheim. ~ ' S. That the granting of the Conditional Use Permit under the conditions wel fare off any, ~•~~ ) ~ not be detri menta 1 to the peace, heal th, sa Fety and the Ci tizens of the Ci ty of Anaheim, general ~• That the traffic g~nerated by the pr~posed use wil) not i burden upon the streets and highttiays designed and improved to carr tne area. RPose an undue Y the traffic i~ opposition; and thatnno correspondence taaserecePveden~~ ot said public hearing in petition. pposition to the subject E~dVIRONMENTAL IMPNCT FIp~DIPJG: That the Anaheim City Planning Cortxnission has reviewed the proposal to expand an existing autorrobile auction and detailing facility i n the hIL ( Industria 1, Li mi ted) Zone on an i rregularly-sha ed consisting of approximately 34 acres, having a frontage of a P Parcel of )and the east side of Tustin Avenue, and being located a PProximate)y t442 feet on ~ centerline of Ptiraioma Flvenue PProximately 220 feet north of the Dealers Exchan ~~320 North Tustin Avenue ( California Automobile requi rerrent to prepareaan enveronmentaj ~apProve the Negati ve Declaration from the be no significant individual or cumulatQvetadverse environmentalthmpacthdue to~the approval of this Dlegative Declaration since the Anaheim f,eneral Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive envirenmental irr~acts are involved in the proposal; that the Initial Study submitted by the cumulative peticloner indicates no significant tndividual or adverse environmental irpacts; and that the PJegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Denartment. -2- PC82-93 F101J, TtIEP.EFORE, BE I T RESOLVED tha t the Ar,ahe i m C i ty P lann i ng Commi ss i on does her'eby grant subject Petition for Conditionai Use Permit, upon the following conditions which a re hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preser~~e the safety ard general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided t:iroughout the existing and proposed a uto storage areas as required by the Office of the Executive Director of Public l•/orks and in accordance with plans on file in his office. 2. That fire hydrants shall be installed ancl charaed as requirecl and determined to be necessary by the Chief of the Fire Department. 3. 1'hat drainage of subject property shall be disposed of in a manner satisfactory to the Ci ty Engineer. !~. That the o~•mer( s) of subject property shal l pay appropriate drainage as=essment fees to the City of flnaheim as determined by the City Engineer prior to comnencing the ~ctivity authorized by this conditional use permit. 5. That appropriate water assessment fees as determined by the Office of Utilities General ~lanagar shall be paid to the City of Anaheim. 6. That subject property shalt be developed substantialty in accordance with plans and specifications on file with the City of Anaheim marlced Exhibit hio. 1. 7. That Condition PJos. 1, 2, 3, 4, 5, and 6 shall be completed prior to the commencement of the activity authorized by this conditional use permit, or 4iithin a period or' ninety ~90) days, whichever, occurs first. 8. That wholesale transactions shall be limited to licensed automobile dealers only, wi th no retai 1 sales to the general publ ic. 9. That detailing shall be limited to washing and cleaning ~f vehicles, battery charging or tire changing, ~~~ith absolutely no body work or repair worl< being performed on vehicles at this location. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this P,esolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any 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 deerr~d null and void. 1982. TFIE fOREG0ING RESOLUTIOP! is signed and approved by me this 17th day of May, ~ ATTEST: tIAI RMAN PRO TEMPORE F1~JAHE I M C I TY PLAPlFJ I N G t•11 S S t Ohl ~~ ,~? /~ SECRETARY, ANAHEIM CITY PLAtJNING COMMISSION - a- Qcsz-93 STATE OF CALI FOfi~lll ) COUNTY OF ORANGE i) ss. CITY OF A{JAHEIPI } I, Edith L. llarris, Secretary of the Flnaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Co mnission held on hiay 17, 1982, at 1:30 p.m., by th~ fotlowing wte of the merr~ers thereof: AYES: COMh11SSI0ilERS: DARP~ES, BOUAS, FP.Y, FIERBST, f:IfJG, h1C BURNEY NOES: COhIMISSIOidERS: t~ONE Af35ENT: C6t9P11SSI0NERS: BUSHORE IN WITNESS LlHEREOF, i have ereunto set my hand this 17th day of htay, 1982. ~'~ ,~ !~: SECRETARY, AhlAHEIM CITY PLAPINING COMMISSION -4- PC82-93