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PC 84-161~~`~ RESOT,UTION N0. PC84-1G1 `.,..,~ A 12ESOLU~'ION OF ~'HG ANAHGIM CI`PY PI~ArINING COMMISSIOh TH,A`l' PE`.CITION FOR CONllI'1'SONAL USE E~LRMI'P N0. 2604 13E GRAN'.CED WHEREA~, l:he Anaheim City Planning Commi.~sion did receive a verified Petition Eor Condi.tiorial Use Permit trom ROBER'1' ~n1. WHTTE ancl JANET M. WHIT~, 234 West Upp~~z Driv~, Corona, CaliFornia 917:?0, OWn@CS oE certain real proper~y sih.uai:ed in the City ot Anaheim, County af Orange, State of Cali.farni.a, descri.bed as: THE SOUTH 2~~£i~ 38 FGE'I' OF `.['H~ PI~ST 404.8~i FErT OF '.~HE NaRxH 15 ~CRES Of THE SOUTHWEST QUARTER OF THE NORT;IWEST QUARTER OF SECTIO~ 8, TOWNSHIk~ 4 SO[3'1'H, RANGE 10 WESZ' IN ~'HE RAt1CH0 LOS COYOTFS, CITY OF ANAHEI:M, COUNTY OF ORANGE, STATE GF' CALTFORNIA, AS PPR MAI~ &ECORVED IN BOOK 51, PAGE 10 OF MISCELI,ANEOUS MAPS, IN THL OFFTCE UF THE COUP'TX RECORDER OF SAID COJNTY. EXCEPT '.rHA`!' PORTION TH~REOF L_.SCRIBED '!N THE .DEEll TO THE STAT~ Or' CAL,IFORIVIA RECORDED MARCH 24, 1955 IN BOOK 3006, PAGE 303 OI' UFFICTAL RECORASo FIHEREAS, the Cii:y Planning Commission ~?id hold ~ public hearing at the Ci.vic Center in the Ci~y of Anaheim un August 6, 1984, at 1:30 p.m., notice oF said public hearing having aeen duly gi.ven as r~quir~~d by law and in acccrdance with the provisions ot- ~he ~Anaheim Nlunicipal Code, Chapter 18.03, to hear and conside.r evidence f.or and against said proposed con~itiunal use permit and i:o i.nvesL•igate and make findings and recommendations in connectian therewith; and WIiERFAS, said Commission, after ~3ue inspecti.on, inve:~tigatiGn and study made by itse~.f and in its behalf, ar,d after due cors,ide;atiun of a].1 evidence and repozts offered at said hearinq, does find and detPrmi.ne Lr,e following tacts; 1. That t:~e pr.oposed ~:se iti pro~erly one fnr wha~h a condi~i.unal use permit is auchor:;zed by An~heiir, Afunicipal Cc~de Sectiona J.8.06.080 and 18.61.050.070 to wit: to permit an automobile r.epair and towing facility t,~ith waivers of the follawing: (a) SECTIONS 18~61.063.O10,L - Minimum iandscaped setback. 18.61.063.U11 (10 feet reqt~ired; non~ existing or ANll 18.61.063~04G _ proposed) ~ (b) SECTIONS 18.06.050.0222 - Minimum number of parkin.~s~ac~s~ ANB 18.61.066.U50 (74 s aces req~.~ired; 24 ~~~ces proposed) 2• `1'hat the proposed use is hereby granted subject ko the petitioner's stipulation at the pubiic he~::ing to install and perpetuaJ.ly ma:Ir,Cain landscaping and proper. irrigat:ion in the faur (4? foot. ar.ea between the sidewalk and curb far appror,imately 250 feet along Bro~khurst ~treet; ana iti the northwest corner of subject property prcposed as la~rn area; and in all proposed planter areas. #~0238r PC84-161 '~.k~a 4'~ ~ • .. . . . ~ . ~ . . ~ . .. . , . .. ..~ . ., . ,. 3, That t;he proposed use wi11 not adv~rsely a~fect the adjoining and uses and tne growi:h and devclopment of the area in which it is proposed o be 1o~ated. 4. That t.he si~e and sha,?e of. the site praposecl £or t-.he use is adequa'te to allow the fu:il d~velopm~nt of the proposed use in a manner not deL•rin~erital to the particu] ~r area nor to L-he ~eace, health, sa£ety and gener.al wel:Eare of the Citize~ls of khe City of ~nahei,m. 5. That the granting of the Conditi.onal Use Permit ur.~3er the conclitions imposed, if. any, will not be detrimental ta the peace, hEal~h, ~afety and g~neral welfa:re of the Citizens of the City of Anaheim. 6. Tlaat the traffic ge~nerated by the pro~usea use wi11 not impose an undue burc'en upan the sL•reets and hi.ghways designed and i~tiproved tu carry the traf~iC in the area. ~. That one ~erson indicated his presence at said k uk~lic he~ring in oppusitic~n; and that one letter was received in op~ositior~ to ttie subject petition, ENVIRONMENTAI~ IMPACT FINDING: That the Anaheim City P~.anni.ng Commi,ssion has t-~viewed the ~roposal to permit an automobil~ repair and towing facility with waivers of min~mum landscaped setback and minimum number of parking spaces en an irr~gularly-shaped parcel Q` land c~nsisting of appro.~imately 2 acres, l,aving a frontage uf a.~?praximat~ly 250 fset on the east side uf Brookhurst StrPet, and further describAd as fi06 North Broakhurst Street; and does hereby ap~rove the Negative Declara+_ior~ upon finding ~hat it has considered the Negative Declaration ~ogethEr with any comments received during ~tie publi~c review process and further finding an tr~ basis of th~ rnitial study and any comment.a received that th~re is no substantial evidence t~hat ~he ~~r~ject wi11 have a signi.ficant effe~t on the eneironment. NUW, THEREFOF.~, BE IT RESOLVED that ~he Anaheim City Planning Commission does hereby grant subjer.t Petition for Condi tional Use Permit, upoe~ the following conditions which are hereby found to be a necessary prer.equisite tn the prupose~ use of tlzP subject property in order ta preserve the sa~ety and gen~ral welfare of the Citizens of t;~e City o~ Anaheim: 1. That. sidewalks shall be installed alang Brookh!irst Street as requi.red by the City Engineer and in accor.dance with standard ~+lans and specifications on file in thc Office o:E the City Gngineer. 2. That a11 driveways shall be redesigned tp ac commodate ten (10~ foot r~dius curb returns as require~~ by the ~ity Traffic Engineer. 3. That trash storage areas sha11 1:•e pruvid ed in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. Tt~at the owner oL subjecL property shall pay t o the City of Anaheim a fee for street lighting alony Braokhurst S treet in an amount as determined by the City Council. 5. That appropria~e water Anaheim, in an amount General Manager. ~ssessment fees sha.ll be pai3 to the City uf as determined by t.he Office of the Utilities -2- PCa4-161 '~`t'1 dl~ ~ t~ l~M'.~ N~~ r 6. That fire hydrants sh~l.l. be instalJ.ed ancl charged ds requirQci and determined to be necessary by the Chief of the H'ire L~e~artmen~. 7. That in conformance with Zoning Cc~de 6ection 18.61.0~0, tlle e~isi:iny sir~gle-tamily residenc.e sh~~ll only be occupied by the ~ar~tak~r of subject automotivc facility and the c:ar~taker's family. 8. Th a~ a Final Parking ~nd Automobi7.e Storage Area Plan sh~11 be revicwed and <<p~,raved by the riL-y Traftic Engineer. 9e 7.'Yiat ;he existing two ('l) cPntral driv~ways sha11 be removed and rep.lacea with a standard curh, guttPr ~nd siclEwalk and thP existing rnost northerly driveway shall be r~located southerly i:o the sa tis~ac~ion of th~ Cily Tratfic Engineer. 10. Th~t t:~~er.e sha11 be no outdaar storage or work on any vehic,le or ve hicle parts with the exception cf storage only wi~hin the praposed sc:YeenF~d outdoor v~hicle waiting area. llo 'i'hat. the proposal shaZl ec~mply witn al.l signi~ig re~uirements of the M.r~ ',ne ~inless a varian~e allowing waivers is approved by ~.he P1 an~iin~ Commission or City Council. J.2. 7'h at suL~ecc property sha11 be developed substantially in accordance with plans and spec~.fications o~n file with the City ~f Anaheim mar.ked Er.hibit No. 1; pro~~idec9, howeve.r, that the f.our (4) foot ar.Ea between the sidewalk arad the curb f~ar aF~proximately 25U ~Eeet alany Broakhurst Street, the northwest corner of subject prapert,y proposed as lriwn are~ and all proposed planter areas shall be 1ar.dscape~ and pe rpetually maint;ained with proner landscaping and irriyation. Said lanclscaping sha11 be ~irproved by the Plannii:g Departme~t prior ~.o inst~~llati.on. 13. That Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9 and 12, a!~~ve-mentianzd, sh411 be completed within a period of 90 days from the date of this resolution or prior ta commencement of tr~e ackivity ~uthorized under this resolution, whichever occurs first. BE IT FURTHER RESGLV~D that th~ Anaheim City Planning Comm:tssion does hereby f ind and determine that adoption of i:his Res~luti.on is expressly predicated u~on applicant's compliance with each and a11 of the conditions hereinabcve set fortt~. Should any such conditions, or any part thereuf, be decl~red invalid or unent'orceable by the final ~iudgmenl• of any court of competent jurisdiction, then this Resolui:ion, and any appro~rals herein contained, sh~all be deemed null and voido 'rHE FURECOING RESOLUTIUN is signe~ and approved by me\thi~ 6L-Y~ day of August, 1984. ~ .~ ~ :~ - : ~ ~ ~ .~ / , ~„'' ---'CHAI MAR, ANAHEIM C YLANNING COMMISSION ATTEST; (.(~' >... ~') -' - l -t.,- SECRETARY, ANAHEIM CITY Pi,ANNING CnMMTSSTO[3 -3- n:~.,, .. PC84-161 _ ,. ,..,,s,,.«~~...•,,, ~~~ ~ , S'PA'PE OC i;AL~I'r'ORNIA ) COUN',I'i GE C)RANGE ) ss. CITY OE' ANAHLIM ) 1, E;~lith i,. [,arris, :;ecr~tary of ~kie Anaheim City Flanning Commiss3.~n, d~ hereby c;ertiL-y thal thE~ Core,yoing re~olution was passed and adopted at a meetiny oF the Anaheim City Plan~~ing Cammission h~lcl on AuguSt 6, 1Q84, by the tollowinr v~te oE the memk~pr.s hhcr~of; AY~S: CUMMISSIONLRS; E30UAS, FRY, HERE3ST, KTNC, I~A CLAIRF, NOES; COMMISSIONERS: NQNE; ABSENT: ~.:UMMISSiON~RS: BUSHORF.~ MC EiUI2~'~Y IN WT~1'NESS WHLREUF', 1: have hereunto set my hanii this 5th day of Augusk, 1984. .~ ~. -.~ ~ _ ~`J ,~, / ;,~U ---_-_-~~'`~'`~iJ.Zc..e SECft~~'ARY, ANAHEIM C7.TY PLANNING COMMTSSION ~ ~4' PC84-lo1