PC 80-173RESOLUTION N0. PC80-173
/1 RESOLUTIOPJ OF THE ANAHEIH CITY PLAD1NItl~ COHNISSION
TIIAT PETITIOtJ FpR COPlDITIO~IAL USE PER~11T NO. 211i3 [iE C4A~~TEn
WtiEREAS~ the Anaheim City Planninq Commission clid receive a verified
Petition for Conditional Use Permit from BERt!AR~ NACBY, rl>~ Santa Monica Doulevard,
Hollyo-~ood, California, 90029, ovm er, and HAL M. HIE36ARD, 102Q East Lincoln Avenue,
Anaheim, California ~?2G05, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
Lots 10, 11, 12 and 13 in 81oc1: "ft" of Lorelei Tract, as per map
recorded in Book 29, Page 24 of Miscellaneous Records~ ~os Angeles
County, California.
WHEREAS~ the City Planning Commission did ho!d a public hearing at the Civic
Center in the City of Anaheim on October 6, ig3c1, at 1:3D ?.m „ notice of said public
nearing having Seen duly given as required by la4r and in accordance with the
provisions of the Analieim tlunicipal Code, Chapter 1S.Q3~ to hear and consider
evidence for and against said proposed conditional use permTt and to investigate and
make findings and recommendations in connection there~•fith; and
WHEREAS, said Commission, after due inspection, investiaation and study made
by itself and in its belialf, and after due consideration of alT evtdence and reports
offered at said hearing, does find and determine the follo~•~ina facts:
1, That the proposed use is prooerly one for t•~hich a conditional use
permit is authorized by Anaheim Municipal Code Section 1F,;~3,n3n.~10 to wit: to
retain a radiator repair shop in the CL (Commercial, Limited) Zone with waivers of:
(a) SECTIOtJ 12.44.063.010 - ~linimum landsca ed setbacl:.
10 eet r°quired;
none existingj
(b) SECTION 18.~E4.063 - Re uired site screeninq.
-foot high hlock a~all required;
3-~ot high bloc{; wall existing)
2, That the requested waivers are hereby granted on the basis that the
bullding and site improvements exist and denial would deprive subject property of a
privilege being enjoyed by other properties in the same zone and vicinity.
3. That the proposed use is hereby granted suhject to the petitioner~s
stipulation at the public hearing to remove tf~e gasolTne pumps in accordance ~aith
Fire Department regulations.
4, That the oroposed use ~~ill not adversely affect the ad.joining land uses
and the growth and development of the area in a+hich it is p oposed to be located.
5. That che size and shape of the site proposed for the use is adequate to
allow the full r'_zvelopment of the proposed use in a manner not detrimentai to the
PCBo-t73
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particular area nor to tlie peace, health, safety, ~nd general welfare of the Citizens
of the City of Anaheim.
~. That the granting of the Conditional Use Permit under the conditions
iRposed, if any, wil) not be detrimental to the peace, healtli, safety and general
welfare of the Citizens of the City of Anaheim.
7. Tnat ttie traffic generated ~y the pro~osed use wil] not impose an undue
burden upon the streets and high4~ays design~d and improved to carry the traffic 1n
the area.
$. That no one indicated ttieir presence at said public hearfng in
opposltion; and that no correspondence was received in oppos(tion to the subject
petition.
ENVIRONHENT.~L IMPACT FttJDING: That ttie Anaheim Ci*_y Planning Commission has
reviewed the proposal to retain a radiator repatr shop in the CL (Commercial~
Limited) Zone with waivers of minimum landscape-I setback and required stte screening
on a rectangularly-sliaped parcel of tand consisting of approximate)y ~,3 acre located
at the south~~est corner of Lincoln Avenue and Rose Street and having frontages of
approximately 100 feet on th~ south side of Lincoln Avenue and 125 fe~ti on the west
side of P,ose Street; and does hereby approve the Negative Declaration fron the
requirement to prepare an environmental imp~ct repo,t on the hasis that there would
be no significant indivtdual or cumulati~e adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim General Plan deslgnates the
subject property for general open space uses; however, subject area is currently
developed with mixed commerctal uses and is located in the Redevelopment Agency's
Project Area Alpha ;land uses cortmensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Inltial Study submitted
bY the petltioner indicates na significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration s~ihstantiating [he foreaoing
findings is on file in the f,;ry of Fnahef,r Flanning Gepartment. -
NOW, THEREFORE, ~E iT RESOLVED that the Anaheim City Piann~ng Commiss(on
does hereby grant subject PeCition for Conditional Use Permit, upon the following
conditions which are heraby ,ound to be a necessary prerequisf[e Lo the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That existing gasoline pumps shali be removed as required by the Fire
Chief,
2. That the oamer(s) of subject property shall suhmit a letter requesting
the terminatton of Conditional Use Permit No. T501 to the Planning Department.
3. That subject property sha'1 be develooed suhstantia;)y in accordance
with plans and specifications on file ~oith the City of Anaheim marked c"xhibit No. 1,
4, That Conditian Nos. 1, 2 and 3, ahove mentionc::, shail be compli~d ~•~ith
withln a period of 90 day; or such further time as the Planning Comnlsst~n may grant.
BE IT FURTIIrR RESOLVED that the A^aheim City Planning Cormiission does hereby
find and determine that the adoptton of this Resoiution is expresslv predicate~ upon
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applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invatid ~r unenforceable by the
final judgment of ~ny court of competent jurisdiction, then this Resolution~ and any
approvals herein contained, shall be dcemed nu)1 and void.
THE FORE;OffJG RESOLU710~1 (s signed and approvecl by me this Gth day of
October, 196p,
r ~/~~~r. ~~. , . r _ ~ ,
ACT I NG CNA I R11A~d
ATTEST: ANAHEIM CITY PLANfII~dG COMMISSION
SECRETARY, qf2qHE~M ~ITY p~NING COMN
I SS 10~:
STATE OF CALIF~RNIA )
COUFJTY OF ORANGE ) S;,
CITY OF ANAHEIM )
I. Edith L. Harris~ Secre[ary of the Anaheim City Plannirtg Commission, do
hereby certify that [he foregoing reso~ution was passed and adopted at a neeting of
the Anaheim City P)anntng Commission held on October 6, 1~80, at 1:30 p.m.~by the
followfng vote of the memhers thereof;
AYES: COMMISSIONERS: BARNES, BOtlAS, FRY, I1EF9ST, KItIG
NOES: COMMISSIONERS: NONE
ABSEP~T: COMMISSIONERS: BUSHORE~ TOLAR
IN WITP1E55 WHEREOF~ I have hereun[o set my hand this Cth day of October~ 1980.
i ~ ~~ ~ '
SECRE ARY~ ANAHEIM CITY PLANNIlIf, COMMiSSION
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