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PC 85-221_~ ~ RESOLUTION N0. PC85-221 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMh1iSSI0N THF.T PF;TITION FOR CONllITIONAL USE PERI+lIT N0. 2694 BE GRANTED, IN PART WHEREAS, L-he Anaheim City Planning Commission did Petition for Conditi.onal Use Permit ZIEGLER from receive a verified ~ 11950 San Vicente Boulevard FREDERICK Z. REITLER AND 90049, owne . Suite 205, Los MAURICE rs~ and COLDWELL BANKER, 21pp West An9Ples, California Orange, California 92608, ATTN; Orangewood Av propert ~~1MES M. KEANE enue, Suite 100, y situated in the City of Anaheim ' a9ent Eor certain real California, described as: . County of Oran e 9 , State of LOTS 21, 22, 23 ANll 24 OF THE EUCALYPTUS FOREST TRACT, AS SHOWN UN A P1AP RECORPED IN BOOK 5, PAGES 29 AND 30 OF MISCELLANEOUS M~PS, RECORllS OF ORANGE COUNTY, CALIrORNIA. EXCEpTING FROM SAID LOTS 23 AND 24, THE SOUTHERLY 155.01 FEET THEREOF. w:IEREAS, the City Planning Commission did hold a the Civic Center in the City of Anaheim on August 19 notice of said Public hearing at public hearing having been dui ~ 1985, at 1;30 p,m,~ accordance with the provisions of the Anahe m Mun c palr ode ed b to hear and co~sider evidence y laW and in permit and to fo~ and against said ~ ~hapter 18.03, investigate and make findings and reco mendationsonditional use therewith; said public hearing having been continued Commission rneetin in connection g of October 14, 1985; and ~° the Planning WHEREAS, said Commission, after due inspection, in~~ study made by icself and in its behalf, and after due consi3eration o£ evidence an~ tigation ar.d cepor.ts offered at said hearing, does find all following facts; ~_6 determine the 1• That the p-oposed use is properly one for which a permit i.s authorized by Ar.aheim Municipal Code Section 18.51, t~ perm.it an aut onditional use °"1Oh~i" ho~71 and uetail shop in an existin ~'0.601 ta wit; with waiver of the following: 9 industrial complex SECTIONS 18.06.U40.031 - Ffinimum number and t e of arkin s aces. 18.06.050.0222_ (177 Spaces required with a maximum 258 18.06.050.031 small car soaces 18.06.050.033 ---~-- Permitted; 81 s~es with 388 small car s aces proposed) 18.06.080 AND 18.61.066.050 2. That the requested waiver is hereby granted on the basis that the parking waiver will not cause an increase in traffic eon immediate vicinity nor adversely affect any adjoinin oF the parkin 9estion in the 9 waiver under the conditions g land uses and granting detrimental to the peace, health imposecl, if any, will not be of the City of Anaheim. ~ safety and genecal welfare o~ the citizens 0627r ~', f. .. ; ' ': ) PC&5-221 3. That the proposed nse is approved, in part, foc 12a0 and 1290 North Red Gum Street only; and ~hat 2970 East Miraloma Avenue (a future paint shop) is not included in this approval because it was withdrawn by the petitioner at the public hearing. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is pcoposed to be located. 5. That the size and shape of the site propose.~ for the use is adequate to allow the full cievelopment of the proposed ur~e in a manner not detrimental to the particular ar~a nor to the pezce, l~ealth, saEety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welEare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burd~.~n upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRUNMENTAL IMPACT FINDING: That the AnaLeim City Planning Comniission has reviewed the proposal to permit an automobile b~dy and detail shop in an existing industrial complex with waiver of minimum number and type of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 3.~ acres located at the southeast corner of :1iraloma Avenue and Red Gum Street, and furthec described as 1280 and 1290 North Red Gum Street; and does hereby approve che Negative Declaration upon finding that it has considered the Negative Declaracion together with any comments received during the public review process and furl-her finding on the basis of the initial study and any comments received that there is no substantial evidence that the projec~ '~:il~ t:ave ~. ~igriLicant cttecL or~ Liie euvic~ument. NUW, THEREFORE, HE IT RESOLVED that the Anaheim City Planning Commi~sion does hereby grant subject Petition for Conditional Use Permit, upon the followiny conditions which are hereby found to be a necessary prerequisite to the oroposed use of the subject property in order to presecve the safety and general welfare of the Citizens of the City of Ar,aheim: 1. That the existing northern most driveway on Red Gum Street shall be relocated southerly to the satisfaction of the City Traffic Engineer. 2. That a traffic signal assessment fee equaliny the difference between the industcial a:~d commercial assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Counci.l. 3. That due to the change in usE and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the C:ty of Anaheim, including the Uniform Building, Plumbing, E1=ctrical, Dlechanical and Fire Codes as adopted by the City of Anaheim. Tne appropriate permits shall be obtained for any necessary work. -2- PC85-221 4. That the proposal shall comply with all signing cequirements of the ML Zone, unless a varfance allowing sign waivers is approved by the Planning Commission or City Council. 5. That no outdoor stora9e of or work on vehicles or vehicular parts shall be pecmitted. 6. That subjecl propecty shall be developed substantially in accordance with plan:~ and specifications on file with the City of Anahei.a marked F.xhibit No. 1; provided, however, that this approval is limited to the two units addressed at 1280 and 1240 North Red Gum Street. 7. That prior to the commenceTent of the activity authorized under this resolution, oc p:ioe to issuance of a building permit, whichever occurs first, Condition Nos. 2 and 3, above-mentioned, shall be complied with. Extensions foc further time to complete said conditions may be granted in accordance with SecL-ion 18.03.090 of the Anaheim Municipal Code. 8. That pcioc to the commencement of the activity authorized under this resolution or prior to final building and zoning insgections, whichever occurs firs*_, Condition Nos. 1, 4, 5, and 6, above-mentioned, shall be complied with. BE IT FURTHER RESULVED that the Anaheim City Planning Commission does he:eby find and detecmine that adoption oE this Resolution i~ expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part theceof, be declaced invalid or unenforceable by the final judgment of any court of competent jurisdiction, then tl~is Resolution, and any apprc~~als herein contained, shall be ~eemed null and void. THE FOREGOING RESOLUTION is signed and appcoved by me this 14th day of October, 1985. ~ l~I !~ i.i~i'~~t ii' Cr~ ~-C" Q-l~~~ CHAIRWOMAN, ANAHEIM CTTY PLANNING CUMMSSSSuN AiTliST: .~ ~° ~~~. SECR~1kR ~ ANAHEIM CITY PLANNING CObIMISSION -3- PC85-221 _ _._..,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do heceby cectify that the foregoing resolution was passed and adopted at a meeting oP the Anaheim City Planning Commission held on October 14, 1985, by the following vote of the members thereof: AYES: COMMISSIONERS: FRY, LA CLAIRE, LAWICKI~ NOES: COMMISSIONERS: NUNE ABSENT: CGMMISSIONERS: BOUAS, HERBST, MC BURNEY, (MESSE absent due to Conflict of Interecti IN WTTNESS WEiEREUF, I have hereunto set my hand this 14th day of October, 1985. ~~~/ 1%w !D ~ n n i SECkF.TAR ~ ANAHEIM CITY PLANNING COMNISSZON i :