Resolution-PC 2000-116~
RESOLUTION NO. PC2000-116
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4035
CUP Tracking No. 2000-04264
WHEREAS, on August 18, 1998, the City Council adopted Resolution No. 98R-172 to
approve Conditional Use Permit No. 4035 to permit an automobile sales lot with a maximum of five
vehicles on display on property located at 329-331 North State College Boulevard until August 18, 1999;
and that the conditional use permit was subsequently reinstated until August 18, 2000; and
WHEREAS, this property is developed with a three-unit, 3,570 square foot commercial
center, including Kris Kars, in the CL (Commercial Limited) zone; and that the property is designated for
General Commercial land uses by the Anaheim General Plan Land Use Element; and
WHEREAS, the petitioner requests reinstatement of this use permit, which expired on
August 18, 2000, to retain the existing automobile sales lot with a maximum of five display vehicles for an
additional three yeas; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 9, 2000 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 amd 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 in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the request to reinstate and approve this conditional use permit is authorized by
Code Sections 18.03.093 and 18.44.050.060 of the Anaheim Municipal Code.
2. That the request is hereby denied on the basis that Conditional Use Permit No. 4035 has
not being exercised in conformance with all the conditions and stipulations originally approved by the City
Council.
3. That reinstating the use would adversely affect the adjoining land uses and the growth
and development of the area in which it is located.
4. That the size and shape of the site is not adequate to allow full development of the use in
a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the
Citizens of the City of Anaheim.
5. That reinstating Conditional Use Permit No. 4035 would be detrimental to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the use would impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received lin opposition.
CR4924PK.doc -1- PC2000-116
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission'has reviewed the proposed reinstatement of this conditional use permit, which
contains a one-year time limitation that expired on August 18, 2000, to retain the existing automobile
sales lot with a maximum of five display vehicles on an irregularly shaped 0.37-acre property having a
frontage of 156 feet on the west side of State College Boulevard and a maximum depth of 102 feet, being
located 150 feet south of the centerline of Redwood Avenue, and further described as 329 - 331 North
State College Boulevard (Kris Kars); and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 4035 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Reinstatement of Conditional Use Permit No. 4035, on the basis of
the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 9, 2000. ~ / „
CHAIRPERSON,
ATTEST:
<~~
SECR TA Y AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
IM CITY PLANNING COMMISSION
I, Margarita Solorio, 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 9, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, ~RISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: BOSTWICK ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~3 day of
, 2000.
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SE ETA , ANAHEIM CITY PLANNING COMMISSION
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