PC 79-170_- ~
RESOLUTION PIO. PC79-170
A RE50LUTION OF TI1E A~~ANEIM CITY PLANtI1NG COMHISSION
Tf1AT PETITION FOR CONDITIONAL USE PERMIT N0. 1955 BE GRANTED
WHEREAS, the Anaheim Clty Planning Commisslon did recetve a verffied
Petition for Conditional Use Permft from VIRGINIA J. BENNER~ 1904 East Sycamore
Strect, Anaheim~ Californla, 92805, owner, and THOMAS J, OLSEN, 141 Bayberry Court.
Anaheim, Callfornla 92807~ agent, of ccrtaln real property sTtuated in the City of
Anaheim~ Lounty or Orange, State of California, described as:
Lot 5 of Che "Chestnut Street Subdivision". as shown on a NaA
~ecorded in book 6, page 35, Miscellaneous Maps. records of Orange
County, California.
WHEREAS, the City Planntng Commission did hold a public hearing at the Ctty
Hall in the City of Anaheim on August 27, 1979, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance wtth the
provisions of the Anaheim flunicipal Code, Chapter 18.03, to hear and consider
evldence for and against safd proposed conditional use permit and to investigate and
maFe findings and recommendatfons in connection therew(th; anci
WHEREAS~ said Lommission, after due Inspection, investtga[lon and study made
by itself and in its behalf, and after due considcratio~ of all evidence and reports
offered at said hearing, does find and detcrmine che foliowing facts:
1. That the proposed use is properly one for which a co~ditional use
permit is authorized by Anahefm Municipai Code Sectio~ 18.tt5.05R.OF0 Lo wit: to
permit an automobile wholesale facility in the CG (ComTerical, General) Zone ~ith
waiver of:
SECTI01~ 18,45.066.050 - Mtnimum number of arkinq s aces.
5000~scuare eet - 2 3 o site arca required;
2506 squarc ~eet - 1/3 of slte area extsting}
2. That the proposed use Is hcreby granted for a two t2) year perTod, to
term(nate on August 30, 1981.
3. That the proposed waiver ts hereby granted on the basis that the use Is
temporary and there is adequate avaflable parking tn [he tmmedlate vlcinity.
4. That the proposed use will not adversely affect the adJoining tand uses
and the growth and development of the area in which (t Ts proposed to 6e located.
5. That the s(ze and shape of the site proposed for the use is adequate to
allow the full development of the proposed use In a manner not de[rlmental to the
particular area nor to the peace, health~ safeey. and general welfare of the Citizens
of the City of Anaheim.
PC79-170
6. That thc granting of the Conditlonal Usc Permtt undsr the condittons
imposed, if any, will not be dctrimental to the peace, health~ safety and general
welfare of the Cttizcns of the Ctty of Anaheim,
7. That the trafftc generated by tfie proposed use will not tmpose an undue
burden upon the streets and highways designed and tmproved to carry the traffic tn
[he area.
8. That no one (ndicated their presence at said publtc hearing in
opposition; and [hat no correspondence was received in oppositlon to the subJect
petition.
ENVIRO~IHENTAL tMPALT FINDItdG: That the Anaheim City Planning Comnission has
reviewed t c proposa to perm t an automobtle wholesale facility in the CG
(Commercial, General) zonc with ~aiver of Minimun number of requ(red parktng spaces
on a rec:angularly-shaped parcel of land consisting of approxtmately 7500 square
fect, having frontages of approximately 50 feet on [he south side of Chestnut Street
and 50 feet on the north side of Third Street, having a maximum depth of
approxfma[ely 150 feet, being located appror.imately 1~0 feet west of the centerline
af Lemon Street; and docs hereby approve ihe Negative Declaration from the
requtrement to preparc an environmental Impact report on the basis that there would
be no significant ind(vidual or cunulative adverse environmental tmpact due to the
approval of this Negativc Declara[lon stnce the Rnaheln Genera) Plan destgnates the
subJect property for general commerclal land uses commensurate with the proposal;
tha[ no sensi[ivic ervironmental tmpacts are invoived in thc proposal; that [he
Inltiai Study submitted by the peti[ione: indicates no significant indiv(dual or
cumulatlve adverse envfronmen[al impacts; and that the Negative Declaration
substantiating the foregoing findings Is on file tn the City of Anah~im Planning
Departmen[.
NOW, THEREFORE. DE iT RESOLVED tha[ the Anahefn City Planning Cortmission
does hereby grant subJect Peti[lon for ~ondtttonal Use Permt[, upon the following
conditions which are her~by found Lo ~e a rtecessary prereyuisite to the praposed use
of the subJect property in order co preserve thc safr_ty and general welfare of thc
Citlzens of the City of Anaheim:
1. That the existing structure shall be brought up to the mintmum
standards of the City c'f Anaheim, including thc Untform Butidl~g~ Plumbing,
Electrical, Hechanical and ~'re Codes as adopted by the City of Anaheim.
2. That [rash storage areas shall be provided in accordance with approved
plans on file with the Offfce of the Executive Dlrector of Public Works.
3. That sub,ject property shall be developed substantially in accorda~ce
wt[h plarts and speclftca[toni on `tie with the City o` Anaheim nsrked Exhibtt No. 1,
1+. That Conditlon Nos. 1, 2 and 3, above-mentioned, shall be complied wlth
prior to the commencement of tfie activity authorized under this resolution, or pri~r
to final butiding and zoning inpsecttons, or within a period of one year from date
hereof, whichever occurs first, or such furthar time as the Planning Commission may
grant.
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5. that the proposed automobilc wholesale facltity shall comply wl[h all
signing requirements of the CG zoning.
BE IT FURTHER RESOLVED that the Anaheim Ci[y Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applic~nt's conpliance wtth each and atl of the condTtions hereinabove sat forth.
Should any conditlon or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent Jurisdlctfon, then thls Resolutlon, and any
approvals hereln contained, shall be deemed nuli and void.
THE FOREGOING RESOLUTI0~1 ts stgned and approved by me [his 13th day of
August, 1979.
•
ING CHAtR N
ANAHEIM CITY PLAt~NING COMNI5SION
ATTEST:
`~~. ~.° 7t~.~:..
SECRETARY, APJANEIM CIT Pl.ANNtNG f.OMMIS510N
STATE OF CALIFORNIA )
COUNTY OF OftANGE ) ss,
CITY OF AHAHEIM )
I, Edlth L. Harris. Secretary of the Anahelm City Planning Commisston, do
hereby certify that [he foregoi~g resolution was passed and adopted at a mee[ing of
the A~aheim Clty Planning Commission held on August 13, 197~, at 1:3Q p,m.,by the
following vote of the ~nanbers thereof:
AYES: COMM15510NER5: DAVID, FRY, HERQST, KING
NOES: COMMISSIOtIERS: N0~lE
ABSENT: LOHMt5510NER5: BAitNES, BUSHORE, TOLAR
IN WIT~~ESS WHEREOF, 1 have hereunto set my hand this 13th day of August, 1979.
`~.~.~ x' x~~.
SECRETARY~ ANAHEIM CITY PLANNING COMMISSiON
-3- PC79-t7o