PC 80-171~.,~_>
RESOLUTION P10. PC80-171
ti RESOLUTIOfI Of THE ADIAHEIM CITY PLAMNING C011NISSION
TffAT PETITIO!! FOR COPJDITIONAL USE PERMIT N0. 211lF f3E GRAtlTE(1
WHEREAS, the Anaheim City Planning Commission did receive a verifTed
Petition for Conditional Use Permit fr~m PfiILIP J. SCHUMAY.ER AND ESTHER E. SCIIUPIAKER,
810 Jade Way~ Anaheim, California, °2805, owners, and BOBBY J. PETERS, 2414 East La
Palma Avenue, Anaheim~ California 92805, agent, of certain real property situated in
the City of Anaheim, County of Orange, State of California, descrihed as:
LOT 5 IM BLOCK 4 OF TRACT P~0
OF ORANGE~ STATE OF CALIFOR~IIA
PAGE 50, MISCELLANEOUS MAPS,
OF SAID COUNTY,
.304, IN THE CITY OF ANAHEIM, COUMTY
AS PER MAP RECORDED IP! BOOK 14,
1P! THE OFFICE OF THE COUIJTY R[CORDER
WHERE~S, the Clty Planning Commission did hold a puhlic hearing at the Civic
Center in tne City o~` Ar~aheim on October 6, 1~II0, at 1:30 p.m „ notice of said public
hearing having been duly given as required by la~~~ and in accordance with the
provisions of the Ana~heim Pfunicipal Code, Chapter 1$.03, to hear and consider
evidence for and aga'i~;~: said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
41HEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration oF all evidence and renorts
offered at said hearing, does find and determine the following facts:
1. Tha t the propcs~d use i s proper 1 y ane `or e,~l; i ch a cond i t tona 1 use
permit is authorized by Anaheim Municipal Code Section 1£.03.~3~.~1~ to wit: to
retain an automotiv~ body shon in the CG (Canmercial, General) Zone ~aith a waiver of:
SECT(Ot•! 1?3.06.060.022 - Minimum number of parking s aces.
11 spaces required;
1 space existing)
2. That the proposed use is hereby granted for a period of one (1) year,
subject to review and approval of extensions of time by the Planning Commission if it
is determined there have been no adverse impacts such as noise or dust on adjacent
businesses.
3. That the requested waiver is hereby granted on the hasis that the
existing automotive use is simtlar to other automotlve uses along Anaheim Boulevard
which have similir parl;~ ig situations.
PC80-171
4. That the existing use is hereby granted on the following basis:
(a) That there shall be no outdoor storage ~f any F:ind.
(b) That the petitioner stipulated that one of the two twenty-
foot high doors shall be kept closed during any times a~hen
nolsy activities such as sanding are taking place inside the
building in order to mitigate noise and dust problems for
adjacent businesses.
(c) That there shall be no spray painting conducted outside the
building.
5.. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in a~htch it is proposed to be located.
6, That the size and shape of the site proposed fo~ the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general a~elfare of the Citizens
of the City of Anaheim.
7. That the gr~nting 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 A~aheim.
a. That the traffic generated by the proposed use ~•~ill not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
9. That one person indicated their presence at said public hearing in
oppositton; and that no correspondence was received in opposttion to the subject
petition.
ENVIRONMENTAL IMPACT FINDIPJG: That the Anaheim City Planni~a Commiscion has
reviewed the proposat to retain an automotive body shop in the CG (Commercial,
General) Zone with a weiver of minimum number of parking spaces on a rectangularly-
shaped parcel of land consisting of approximately 532~ square feet, having a frontage
of approximately 50 feet on the east side of Anz~heim Boulevard, having a maximum
depth of approximateiy 110 fe~:t and being located approximately 240 feet north of the
centerline of Mills Drive; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there would
be no :;3gnificant individual or cumulative adverse environmental tmpact due `o the
approval of this Negative Declaration since the Anaheim General Plan designates the
subject property for generai commercial land uses comnensurate with the proposal;
that no sensitive environmental imp:icts are involved in the proposal; that the
Initial Study submitted 6y the petitioner indicates no significant individual or
cumulative adverse environmental impacts; and that the Negative Declaration
substanttating the foregeing findings is on file in the City of Anaheim Planning
Department.
NObI, TNEREFORE~ DE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant suhject Petition for Conditional Us~ Permit, upon the follov~ing
-2- PC&~)-171
conditions which are herehy found to be a necessary prerequtsite to the proposed use
of the subject pruperty in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
Z. That subject property shall be developed substantially in accor•dance
with plans and specifications on file with the City of Anaheim marked Exhibit tJo. t,
3. That Condition t~os. 1 and 2, above-mentioned, shall be completed within
a period of g0 days~ or such further time as the Planning Commission may wish to
grant.
4. That the proposed use is granted for a period of one (t) ye~r subject to
possible extenstons of tlme if tfie Planning Commission determines the use has not
caused any adverse noise or dust probiems foradjacent busfnesses. The petltioner
shall make a written request to the Commission~ requesting such revfe~r and approval.
5. That there shall be no outdoor storage of any kind.
6. That there shall be no spray painr?ng conducted outside the building.
7. That one af the t~ao twenty-foot (20) high doors shall be kept closed
during any times when noisy activities such as sanding are taking place inside the
building in order to mitigate noise and dust problems for adjacent businesses.
BE IT FURTfiER RESOLVED that the Anaheim City Planning Commisslon does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceab)e by the
final judgment of any court of competent jurisdiction, then thi; °esolution, and any
approvats herein contained, shall he deemed null and void,
THE FOREGOING RESOL!1TION is signed and approved by me th(s Fth day of
October, 1980,
~.~.~~z~~ o~'~ ~~,.~ ~
CNAIRFtAM PRO TEMPORE
ATTEST: ANAHEIM CITY PLAMNING fOMMIS510~J
~i~~ •~° ~~Y~/LJI.t.~
SECP,ETARY, ANAHEIM CITY PLANNING COM111SS10"I
-3 PC80-17t
~' „•.
~: ,
STATE OF CALIFORNIA )
COUNTY OF ORAtJGE ) ss.
C ITY OF ANAFIE Iht )
I~ Edith L. Harris, Secretary of the Anaheim City Planning Commissiun, do
hereby certify that the forego(ng resolution a~as passed and adopted at a meeting of
the Anaheim City Planning Commission held on October G, 198~, at 1:3~7 p.m.,by the
following vote of the members there~f:
AYES: CGPIMISSIONERS: BARNES~ BOUAS, BUSHORE, FRY, HERDST, KING
NOES: COMMISSIONERS: NONE
ABSEIdT: COMMlSSIOPlERS: TOLAR
!N WITNESS WHEREOF, I have hereunto set my hand this 6th day of October~ 1980.
~ ~ .~ ., ., •
SECRETARY, AFIAHEIM CITY PLAPININC, COMMISSION
-4- Pc8o-~71