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PC 74-176~ ~ RESOLUTiON N0. PC74-176 A RESOLUTION OF THE CITY PLANNING C`JMMISSION OF.THE CITY OF ANAHEIM THAT PETITION FOR CONDI~IONAL USE PERMIT 1488 BE GRANTED WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Con- ditionalUsePermitfrom SAM HA~4ILTON, LESTEL M, HAMILTON, AND DAISY KAYE, c/o Roger Pattersor~, P. 0. Box 4745, Whittier, California 90607, (Owners) of certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCEL 1: Lot 21 of Tract No. 498, as per map thereof recorded in book 19, page 24 of Miscellaneous Maps, records of said Orange County. Excepting therefrom the West 132 feet thereof. PARCEL 2: lot 1 of Tract No. 4g8, Berger Half-Acres, as per map thereof recorded in book 19, page 24 of Miscellaneous Maps, records of said Orange County. Excepting therefrom the West 60 feet thereof. Also excepting from said Parce~s 1 and ~2 tnat portion conveyed to the State of California by deed recorded January 8, 1952 in book 2271, page 373 of Official Records. And the Westerly half of Lot 20 of Tract No. 498 "Berger Half-Acres" in the County of Orange, as per map recorded in book 19, page 24 of Miscellaneous Maps, in the office of the County Recorder of said county. ; end WHEREAS, the CityPlanning Commission did hold a public heering et the CityHall in the City oE Anaheim on August 19, 1974 at2 :00 dclock P.M., notice of seid public hearing having been duly given as requixed by law and in accordence with the provisions of the Aneheim Municipel code, Cheptee 18.64, to hear end consider evidence for and against said proposed conditional use and to investigate and make Eindings and recommendations in connectian therewith; and WHEREAS, said Commission, after due inspection, investigation, end study made by itself end in its be- half, and after due consideration of al; eviuence and reports offered et said hearing, does find and determine the fol?owing facts: 1. Thot the proposed use is properly one for which a Conditional Use Permit is eutharized by Code Section 18.40.060(j) and 18.64.020(3)~d), to wit: permit a motor vehicle leasing and sales agency with walvers of: a. SECTION 18.04.090(2)(c) - Maximum eave ~ro ec~tion. (2} feet permftted; , 5 fEet existing) b. SECTION 18.04.090(2)(6) - Maximum fence hei ht. (3~r feet permitted; 6 feet proposed c. SECTION 18.40.070(3)(a) - Maximum buildin hei ht. (7} feet permitted; t } feet existing d. SECTION 18.40.070{4)(d} - Minimum arkin la out dimensions. (25-foot aisle required; 2 -foot aisle proposed e. SEC3'ION 18.40.070(6)(a) - Re uired masonr watl ad'acent to a residential zone. -foot high maconry wall required; -foot high wood and chainlink fences proposed) 2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that said waiver applies to an existing structure and does not create a hazard. 3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that an identical waiver was granted for the adjacen~ property to the north, with trees to be planted within the 3-foot landscaped setback adjacent to Mountain View Avenue. 4. That Waiver t-c, above-mentioned, ts hereby grarsted on tfie basis that said waiver applies to an existing structure and would not be detrimental to the area. 5. That Waiver 1-d, above-mentioned, is hereby granted on the basis that the parking area aisles would not be used by the general public, but by persons employed or affiliated with the business establishment. 6. That Waiver 1-e, above-mentioned, is hereby granted on the basis that the Planning Commission determined that a masonry wall was not necessary between uses of a similar nature, being that tne property to the south is developed commercially and com- mercial zoning is currently pending on the property to the west. CI- G -1- RESOLUTION N0. PC74-176 ~ ~ 7. That the petitioner sttpulated that the proposed access gate to Mountain View Avenue would be for emergency pur~oses only. 8. That the petitloner stipulated that no boats, alrplanes, air-conditioning equip- ment, or oYher personal property for sale or lease shall be stored on the subject property, but that the items permitted to be stored would consist of autortrobiles, panel trucks, and pickup trucks. 9• That the petitioner stipulated that no more than twenty-five (25) vehicles for sale or lease shall be stored on the subject property at any one time to allow the remaining ten (10) parking spaces for employee and customer use. 10. That the proposed wholesaling of automoblles is considered an approprlate accessory use to the primary use of the automobile leasing and rental operation; how- ever, it would not be considered appropriate as a primary use and, therefore, upon terminatian of the primary use, subJect conditional use permit shall become nulS and void. 11. 7hat the petitioner stipulated that no vehicles taken in trade shall be stored on the subject property. 12. That the sales of vehicles at the subject location shall be restricted to those vehicles originally assigned m the Continentai Leasing facPlity located at 1809 South Manchester Avenue. 13. That the petitioner sttpulated that no prices shall be ptaced on the windshields or oth~r parts of the vehicles being offered for sale. 14. 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 tocated. 15. That the size and shape of the siYe proposed for the ~se is adequate to aliow the full development of the proposed use ~^ a manner not detrimental to the particular area nor to the peace, heatth, safety, and general welfare of the Citizens of the City of Anaheim. 16. 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 welfare of the Citizens of the City of Anaheim. 17. That no one indicated their presence at said public hearing in opposition and no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING That the Director of Development Servtces has determined that the proposed activity falis within the definition of Section 3.01, Class ~ and 5 of the City of Anahetm Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to ftle an EIR. NOW, THEREFORE, BE !T RESOLVED ihat the Anaheim City Planning Commissfon does hereby grant su6ject Petition for Conditional Use Permit, upon the f~llowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Cttizens of the City of Anaheirn: (1) That this Condltional Use Permit is granted subJect to the completion of Reclasstfication No. 74-75-8, now pending. (2) That the proposed vehicular access gate to Mountain View Avenue shalt be for emergency purposes only, and that ingress and egress sfiall not be taken to the subJect property from that street, as stipu}ated to by the petitioner. (3) That subject property sha11 be developed substanttally in accordance with plans and specifications on flle with the City of Anaheim marked Exhibit Nos. 1 and 2. (4) That no vehicles taken in Crade shall be stored on the subject proparty, as stipulated to by the petitioner. (5) That the sales of vehicles at the subJect locat'ion shall be restricted to those vehicies ortginaliy assigned to the Continental Leasing Gompany located at 1809 South Manchester Avenue. (6) That no prices shall be placed on the win:~shields or other parts of tlie vehictes being offered for sale. (7; That no boats, airplanes, air-conditioning equipment, or other personai property for sale or lease shall be stored on the sub,ject property, but that the items permitted to be stored shall consist of automobiles, panel trucks and pickup trucks, as stipulated to by the petitioner. (8) That no more than twenty-five (25) vehicles for sa?e or le~se shall be stored on the subject property at any one time, to allow the remaining ten (f0) parking spaces for employee and customer use, as stipulated to by the petitioner, C2-G ' 2- RE~OL'JTION N0. PC74-176 . - ~P ~ (9) That this conditlonal use permtt shall become null and void at such time as the leasing and rental facility terminates operations on the subject property. THE FOREGOING RESOLUTION is signed and approved by me this 19th day of August, 1974• CHAIRMAN ANAHEIti CITY PLANNING COMMISSION ATTEST: l:fii-G~i~'~.J~ ~~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patricia B. Scar,~an, Secretary of the City Planning Commission of the City of Anaheim, do hereb certif that tne foregoing resolutlon was passed and adopted at a meeting of the City Planning C mmission of the Ctty of Anaheim, held on August 19, 1974, at 2:00 o'clock P.M., by th~ following vote of the members thereof: AYES: COMMISSIOIJERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST NOES: COMMISSIC~NERS: NONE ABSENT: CQMMISSI~JNERS: FARANO IN WITNESS WHEREf)F, I have hereunto set my hand this 19th day of August, 1974• C~iLI~L__1,d_et~~ ~[.~.d.a~ Y s.uJ SECRETARY ANAHEIM CITY PLANNING COMMISSION , C3'~ - 3 RESOLUTION N0. PC74-176