PC 79-173~ ,.
RESOLUTION N0. PC79-173
A RESOLUTIOF! OP THE ANAHEIM CITY PLAtJNING CONHISSION
THA7 PETITION FOR CONDITIONAL USE PER`11T N0. 2013 SE GRAHTED
WHEREAS, the Anaheim City Planning Cortnission did receive a verified
Petition for Conditional Use Permlt fran GUtJTNER G. JUNf, A~1D ALEXSANDRA JU~~G, 1512
uest Center Street. Anaheim, California, 92805, owners, and RANDY C. BUCHOLTZ, 9791
Yardley Street, Anahetm, Lalifornia 92A04, agent, of ccrtain real propcrty sdtuated
in the Ctty of Anahetm, County of Ora~ge, State of California, described as:
Those porttons of Lots R and T of Boege's Additlon [o Anahcim, in
the Ctty of Anaheim, County of Orange, State of California, as pcr
map recorded in dook 3 pages 2 and 3 of Miscellaneous Records, in
the office of Lhe County Recorder of Los Angeles County,
Caltfornia, [ogether with that portion of Lot 1 of flelen and
Lynch's Subdivision, as per map recorded i~ Book 442 page 15~ of
Deeds of said Los /ingeles Lounty, descrf6ed as a Nhole as follows:
Beginning at a point on the North line of said Lot R, said po(nt
beirtg the Northeast corner of the land conveyed by Tirmn J. F,
Uoege [o J. H. Griffith by deed recorded in Sook 15M page 130 of
Deeds of Los Angeles Coun:y, California~ sald point also being
South 74° 25' 24" Uest 75.72 fect from thc t~or[heast corner of
satd Lot R; Chence South 2° 32' 22" uest 15A,63 feet along the
Eas[ line of said land conveyed to J. M. Griffith to an old 4 x 4
post marking the intersection of said East line wlth the Northeast
Iine of the right of way of the Southern Pacific Raiiway Company;
thence North 57° 10' 38" West 96.02 feet along said tiortheast linc
to a point Horth Q.05 feet from a concrete monument marking [he
Southwes[ corner of said Lot R; thence conttnuing North 57o i0'
3~" West ?.~1 f~~t; Lhencc 1lortF 2° ;2' 22" .ast 75.29 fee[ [o [he
4festeriy pralongation of the Northeriy linc of said Lot R; thence
North 74° 25' 24" East 9F.28 feet along said !lortherly line and
prolongation thereof to the poTnt of begi~ning. Except that
portion of the Northerly 10.25 fee[ thereof as conveyed to the
city of Anaheim for widening center stree[ by deed recorded in
Book 161 page 130 of Deeds. Said land is shown on a map filed tn
Book 9 page 39 of Record of Surveys, in the office of the County
Recorder of sald Orange County.
WHEREAS, the Clty Planning Commi,sion did hoid a public heartng at the City
Hall Tn the City of Anaheim on August 27, 1979. at 1:3p p,m.~ notice of said publlc
hearing having been duly given as requTred by taw a~d in accordance with the
provisions of [he Anaheim Muntcipal Code~ Chapter 18.03, to hear and cons(der
evidence for and against said proposed conditlonal use permit and to 1~vestlgate and
make fTndings and recortmendations in connecLion therewith; and
WHEREAS, said Commission~ after due inspectfon, investigatTon a~d study made
by itself and in I[s behalf~ and after due consideration of all evldence and reports
offered at said hcaring, does find and determinc the following facts:
PC79-173
1. That thc proposed use is property o~c for which a conditional use
permit is authorized by Anaheim Nuniclpal Code Sectlon 16.61.050,070 to wic: to
permit an autanoblle repalr facility in the ML (Industrial, Limi[ed) Zone with a
waiv~r of:
SEC710N 18.~1.063.013 ~ Minimum landsca ed setback.
ect requfre ; none ex~sting)
2. That the requested waiver is hereby gran[ed on the basis that due to
the special circumstances of other similar properties in Che area having slmilar
setbacks, strict application of the zoning code deprTves the property of ~rivlleges
en)oyed by other property under identical zoning classification in the vicinity.
3. That [he proposed use will not adversely affect the adJoining land uses
and che growth and development of [he area in whtch it is proposed to be located.
4, That thc size and shape of the stte proposed for the use is adequate to
allow the full devclopment of thc proposed use ln a manncr not detrimental [o the
particutar arca nor t~ the pcace. hcalth, safety, and general welfare of the Citizens
of Che City of Anaheim,
5. That th~ granting of the Conditional Use Permit under the condttions
Imposed, tf any, will not be detrfinen[al [o the peacc, heaith, safety and general
welfare of the Citizens of the City of Anaheim.
6, That the traffic gencrated by the proposed use will not impose an undue
burden upon the s[reets and highways designed and imFroved to carry the traffic in
the area.
7. That no one indicated their presence at said pubilc hearing in
opposition; and that no correspondcnce was received in opposi[ion to the subject
petition.
ENVIRONMENTAL IHPACT fINDIt~G: That the Anahelm Lity Planning Cam!ssfon has
revlewed the proposa to permtt an automoblle repa[r facility in thc ML (~ndustrial,
Limited) Zone with a waiver of minimum landscaped setback on an irregularly-shaped
parcel of tand consisting of approximately 0.3 acre, having a frontage of
approxlmately 97 feet on the south stde of Centcr Street, havtng a maximum depth of
approximately 155 feet and being located approximately 1>0 fcet wes[ of the
cen[erline of Nanchester Avenue; and does hereby approve [he 4egative Declaration
fran the requirement to prepare an environmental impact report on the basts that
there would be ~o significant individual or cu~ulative adverse envlronmental Impact
due to the approval of this Negattve Declaratton since the Anaheim General Plan
destgnates the subJect property for general industrtal land uses commensurate with
the proposal; that no sensttive environmental impacts are involved in the proposal;
that the Inttlal Study submltted by the petitio~er indtcates no stgnificant
i~divtdua) or cumulative adverse environmental Impacts; and that the Negative
Declar~[ion substantiattng thc foregotng flndings is on fTle in the CTty of Anaheim
Planntng Department.
t~ON~ THEREFORE, BE IT RESOLVED that the Anaheim Clty Planning Commission
does hereby grant subJect Petition for Conditional Use Permit, upon the following
condltTons which are hereby found to be a necessary prerequtsite to the proposed use
of the subJect property in order to preserve the safety and general welfare of the
Citizens of the Ctty of Anahetm;
-2- PC79-173
i. That trash storagc areas shall bc provided ln accordance with approved
plans on file with the Office of the Executivc Director of PublTc uorks.
2. That the proposed automobtle repair facility shall comply with all
signing requirements of the ML zoning.
3, That subject property shall Ee developed substantiatly In accordance
with plans and specifications on file wlth the City of Anahelm marked Exhlbi[ Nos. 1,
2 and 3.
4. That Condition Ilos. i and 3, above-mentioned, shalt be complied with
prlor to commencement of the actlvtty authorized under this resolution.
BE !T FURTtiER RESOLVED that the Anahelm City Planntng Commission does hereby
find and determine that the adoption of thts Resolu[ton is expressly p~edicated upon
appltcant's compllance with each and all of the condttlans hereinabove set forth.
Should any condition or any part thereof~ be declared invalld or unenforceable by the
finai judgment of any court of competent Jurisdtction, then this Resolution. and any
approvals herein con[ained~ shall be deemed null and votd.
THE FOREGOI~IG RESOLU710N is signed and approved by me this 27th day of
August, 1979.
f
HAIRHAN
ANAHEIM CITY PIANHiNG COMM155104
ATTEST:
~~ ~ ~
SECRETAR , NAHEIM CI Y LANNING CONMI55tON
STATE OF CALIFORtJ1A )
COUNTY OF ORAHGE ) ss.
CITY OF ANAHEIH )
1, Edlth L. Harris, Secretary of the Anaheim City Planning CommTsston~ do
hereby certlfy that the foregoing resolution was passed and adopted at a meeting af
the Anaheim City Planning Commission held on August 27, 1979~ ac 1:30 p.m,~by the
following vote of the members thereaf:
AYES: COMMISSIONERS: DAVID~ FRY, HERBST, KING
NOES: COMMISSIOPIERS: NONE
ABSENT: COHMISSIONERS: BARNES, BUSHORE. TOLAR
IN uITNESS WH~REOF~ i have hereunto set my hand this 27th day of August. 1979.
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SECRE~AR~N fi K T ~TbA--
-3- PC79-t73