PC 82-135-.
R[SOLUTIOt~I rd0. PC37_-135
A RESOLUTION CF THE AfIAHEIM CiTY PLAfiPIiNG C011f11SSi0'~
THAT PETITIO~J FOR COPdDITIO:Jl1L USF PER111T i~10. 2351 3[ GP,APlTED
WHEREAS, the Anaheim City f'lanning Commission di~i receive a verified
Petition for Conditional Use Permit from WILLIAht C. A"JD VI?JCCIaT TAORFII~lA, P, 0.
eox 30g, Anaheim, California, 92J05, owner, and JQFItJ VOGT, P. 0. Bor. 21~9, E1
Toro, California 92030, agent, of certain real property situated in the Clty of
Analieim, County of Oranye, State of California, describerf as:
PARCEL 1: TI1E IJORTNERLY 161 FEET OF TFIE WESTF.RLY 151.37 FEET OF
THC FOLL0IJING DESCRI~ED LAND:
TNAT PORTION OF LOT 23 OF A'JAIiEIM EXTENSION IP1 THE CITY OF
AIdAHEIM, AS StIOIJN OPJ TII[ MAP OF SURVEY MADE BY WILLIAM fiAMEI. AND
FILED ItJ TIiC OFFICE OF TI1E COUPdTY REC~RDCR OF LOS A~JGFLES COUNTY,
CALIFORNIA, [iOUWDED ANU D[SCRIRED AS FOLL04JS:
COMMENCING AT A POINT ItJ THE CFNTER LINE OF VERMOPJT STREET,
FORMERLY BROAD STREET, AS SHOWN 0~a SAID MAP, DISTAhT TfiEREOtJ
SOUTfiIJESTERLY 797,7~ FEET FROM THE IPJTERSECTION OF SAID CEPlTER
LINE OF VERMOIaT STREET IJIT}I Tf~E CEt~TER LINE OF ORANr,E STREET, AS
S110lJiJ ON SAID 11AP, SAI~ POINT QEING THE ItlTERSECT1~3h1 OF SAID
CENTER LINE OF VFRFIONT STREET IJITI~ TIfE SOUTNWESTERLY L141E, OR TfiE
NORTIi1,IcSTERLY PROLONGATIOt~ THEREOF, OF TI1E TRACT OF LAND nESCRIBED
IN THE D[ED UATED JUPJE 27, 1y1~, EXECUTED [3Y DAVI~ IJELCH AND IJIFE
I~ F~4VOR OF JOIiN li. KIRSCH APJD WIFE, AND RECQRDFD JIJLY 3, t91g, IN
BOOK 337, FAGE 370 OF DEEDS, RECOP,DS OF SAID ORANGf: COUfJTY, AND
RUNNItJG TI:~FlCE SOUTHEASTERLY PARALLEL WITH SAID CENTFR LIhIE OF
ORANGE STREET, 301 FEET; TIIENCE NORTHEASTERLY, PARAI.LEL WITIi SAID
CENTER L1N[ OF UERMO";T STREET, 151.37 FEET; THENCf SOUTHEASTERLY
PARALLEL WiTtl SAiD CEfdTER LINE OF ORANGE STREET, 143.g3 FEET;
TIIENCE NORTHEASTERLY, PARALLEL WITFI SAIp CEiJTER LIfJE OF VERMONT
STREET, 151.33 FEET MORE OR LESS TO THE NORTNEASTERI_Y LINE QF THE
LAND CONVEYED TO 1~014ER L. BAERT AND WIFE DY DEED RECORDED JUNE 24,
1949, IiJ BOOK 1364, PArE 42 OF OFFICIAL RECORDS IN TI1E OFFICE OF
ALONGCSAfIDYNORTiEASTERLYFLINED444A83EFEETMTO~SAIDNCGPJ7ERTHLINEEROF
VERMOP~T STREE i; TtIENCE SOUTHWESTERLY ALONG SA I D CEIJTER L I NE 302, 7
FEET MORE OR LESS TO THE TRUE POftJT OF BEGINNlNG;
~XCEPTIt~G THEREFROM TfiE NORTHERLY 33 FEET THEREOF LYING WITHIN
VERMOPJT AVEtJUE, FORMERLY BROAD STREET;
ALSO EXCEPTING iIIEREFRQM AN UPJDIVIDED 11/12 IPJTEREST IN AND Tq THE
FOLLOWIIJG DESCRIDED LAP~D: [3EGINNING AT A PqltdT IPJ TI;E
SOUTfIEASTERLY L I NE OF VERMO~lT STREET D I STANT TIIERE01~ NORTFIEASTERLY
20 FEET FROPf THE SOUTHWESTERLY LiNE OF SAIC LA~dD TO KIRSCH
R[CORDED IP~ BOOY 337, PAGE 37p OF DEEDS, RECORDS OF SAID ORANGE
COUFJTY; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH SAID
CENTER L!NE OF ORANGE STREET, 50 FEET; TI1EtJC1: NORTlIEASTERLY
PARALLEL WITH SAlO SOUTHEASTERLY t{PJE OF VERMOPiT STREET, 50 FEET;
~
PC(32-135
~
TI1EiJCE NORTIiWESTERLY P/1RALLCL IJITfi SAID CENTER LIPJE OF ORAt•!GE
STRCET 50 FEET TO SAID SOUTHEASTERLY LINE OF VFRMOMT STREET;
THEWCE SOUTHWESTERLY ALOt~~G SA I D SOUTIiE/~ST[RI.Y L I ME OF V[Ri•tOPlT
STREET, 50 FEET TO THE POIIJT OF 6EGINIJING; TOGETHER ~dlTfl AN
UtJD I V I D[D 1 1/12 I ~JTEREST I hJ THE PUMP I PJf, PLAWT AWD WELL LOCATED
TIIEREON, TOGETHER WITF1 TfiE RIGHT TO US[ WATER THER~FROM FOR
IRRIGATION PURPOSES.
PARCEL 2: TNE MQST WESTERLY 15'.37 FI'ET ~F TI1E FOLLOWlMr,
DESCRI6ED LAWD:
TFiAT PORTIOP! OF LOT 23 AF APJAHEIt1 EXTENSIO~, IN THE CITY OF
APlAI1EIM, AS SfIOWP~ ON A t1AP OF SURVEY MADE BY WILLIAM HAt1EL AND
FILED IIJ THE OFFICE OF THE COUhJTY RFCORDER 0~ L~S ANGELES COUNTY,
CALIFORfJ1A, BOUNDED AIJD DESCRIBED AS FOLLOWS:
COMME~ICIi~G AT A POINT IN TNE CENTER LIVE OF ~1[RMONT STREET,
FORMERLY BROAD STREET, AS 5110bJtJ Otd SA I D MAP, D I STA~lT TfiEREON
SOUTHWESTERLY 797,7~ FEET FROt1 THE IPlTERSECTIOPI OF SAID CENTER
LIME OF VERMONT STREET WITH TfiE CENTER LINE OF ORANGE STREET; AS
SNOWN ON SAID MAP, SAID POINT f3EIIJG THE IWTERSECTION OF SAID
CCNT[R LiNE OF VER110tJT STREET WITIi TNF. SOLITH!JESTERLY LINE, OR THE
NORTfiWESTERLY PROLONGATIOtd TfIEREOF, OF TI1E TRACT OF LAND DESCRIQED
IN THE DEED DATED JUIdE 27, igtg, EXECUTED BY DAVID IJELCH APlD WIFE
IN FAVOR OF JOFiN H. KIRSCN AtdD k~IFE, AND RECORDED JULY 3, 1q}~ ~~~
RUNNIJG7~TNENCE37SOUTNEASTERLYECPARAL~LELSAWI~TI1o5AIDCCFNTERTLINEAOF
ORANGE STREET, 3Q1 FEET; THE'rJCE NORTHEASTERLY, PARALLEL IJITH SAID
CENTER LiNE OF VERMOhIT STREET, 1~1.37 FEET; THEMCE SOUTHEASTERLY,
PARALLEL WITli SAID CENTER LINE OF ORAtJGE STREET, 143.83 FEET;
THE~JCE SOUTHEASTERLY, PARALLEL WITH SAID CENTER LIWE pF VERMOPlT
STREET, 151.33 FEET ~10RE OR LESS TO TNE NORTHEASTERLY LINE OF THE
LAPJD CONVEYED TO fiOMER L. BAERT AtJD WIFE BY DEED RECORDED JUNE 24,
~949, IN BOOK 1864, PAGE 42 OF UFFICIAL RECORDS !N THE DFF(CE QF
TIiE COU(JTY RECORDER OF SAID ORAtJGE COUNTY; THENCF ~JORTHW~STFRI.Y
ALONG SAID NORTHEASTERLY LINE 444.~33 FEET TO SAID CFtJTER LIPlE OF
VERMONT STREET; TIIENCE SOUTHWESTERLY ALONG SAID CENTER LINE 302.7
FEET MORE OR LESS TO THE TRUE POINT OF BEGINPlIPJ.r,;
EXCEPTlNG THEREFROPt THE NORTfIERLY 161 FEET, 14[ASURED TO THE CENTER
LINE OF VERMOtJT AVEPlUE.
PARCEL 3: TIiE NQRTHIJESTERLY 221 FE[T OF THAT PORTIOtI OF LOT 23 OF
AiJAIiEIM EXTENSION AS SIiOIJN OId A MAP OF SURVEY ~1ADE BY WILLlAf1
HAMEL AtJD FILED IN T11E OFFICE OF THE COUNTY RECOR~ER OF LOS
AtJGELES COUNTY, CALIFORNIA, A COPY OF WHICH IS RECOl2DEf3 I~J DDOK 3~
PAGES 163, ET SEQ,, ENTITLES "LOS AtJGELES COUNTY MAPS"~ RFCORDS OF
SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGItJWING AT THE I~~TERSECTION OF TfIE NORTHIJESTERLY PROLOtdGATION OF
TIiE SOUTHIJESTERLY LINE OF LAPlD DESCRIBED IN DEED TO JOHN li. KIRSCH
AIJD WIFE, RECORDED JULY 3, 1919, IN RUOIC 337, PAfE 3?0, DEEDS,
RECORDS OF SAID ORANGE COUNTY, AND TftE CF.F~TER LINE OF VERMOP~T
STREET, SOIt'(NWESTERLY 797,~~ FEET FROt•t TIiF CENTER LIIJE
ItdTERSC•CTION OF SAID VERMONT STREET AND ORAMGE STREET; TNENCE
~ -2- PC,32-i35
~
SOUTI~EASTERLY 444,33 FFET PARALLEL WITH S~ID CEIJTER LIPIE OF
ORAhIGE STREET; TIIEP~CE NORTHFASTERLY 3U2.7lE F[ET PARALLEL WITIi SAID
CEWT[R LI'r~E Of VERMONT STREET TO THE NQRTtIEASTERLY LI!JE OF THE
LAND DESCRIQED Itd DEED TO HOMER L. (~AERT AMD 4J~FE, RECORDED JUPlF
24, t949, IM f300K 186li, PAGE 42, OFFICIAL RECORDS, IN TIfE OFFILE
OF THE COUtJTY R[CORDER OF SAID ORAPdGE COUhITY; THENCr NORTHIdFSTERLY
444.33 F[ET ALO~dG SAi~ NORTIIEASTERLY Llhl[ TO SAID CEtJTER LINE OF
V[R~1011T STR[ET; TIIEtJCE SOUTti1dESTERLY 301..7~i FEET ALQtdG SAID CEt7TFR
L I ME OF VERI•1GNT STREET TO THE P01 NT OF f3EG I tJN I NG;
EXCEPTING THER[FR011 TIiE SOUTHIJESTERLY 151.37 FFET A:'ID THE
NORTIiE:.STERLY G~t FEET TflEREOF;
ALSO EXCEPTING TIfEkE FR011 TffE IdORTHIJESTFRLY 33,00 FEFT l•lITHIN
VERt•10NT STR[ET.
WfiEREAS, the City Planning Commission did schedule a public hearing at the
City flatl in the City of Anaheim on June 23, 1°,82, at 1:30 o.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim f1unicipal Code, Chapter 1£i.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
malce findings and recommendations in connection therewith; said public hearing having
been continued to the Planning Commission meeting of July 12, 1932; and
IJIIEREAS, said Commission after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the followtng facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized .,y Anaheim Municipal Code Section 13.(1.050.070 and
18.61.05U.516 to permit an automobile repair and storage facility in the ML
(Industrial, Limited) Zone with waivers of:
(a) SECTlOf! 18.61.063.U12 - ~"inimum landscaped setback
(b) SECTIOt•l 1t3.61.064.020 - Maximum fence height
(30 inches permitted in front setback;
6 e~et existing)
(c) SECTION 13.61.068.030 - Required enclosure of outdoor uses
2. That the requested waivers (a) and (c) are hereby denied on the basis
that revised plans were submitted deletiny the necessity for said waivers.
3. That the requested waiver (b) is hereby granted on the basis denial
would deprive subject pro~erty of a prtvilege being enjoyed by other properties in
the same zone and vicinity.
4. That the proposed use is her~:by grantecl on the basis that a revised
plan was subm~tted at the public hearing si~owing an 1~3-foot landscaped berm long
Vermont Avenue for approximately 65 feet as measured from the east property line to
the "exit only" driveway.
5. That the proposed use will not adversely affect the adjoinin3 land uses
and the growth and development of the area in which it is proposed to be located.
_3_ PCf32-135
~. That tlie size and shape of the site proposed for 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, liealth, safety, and general w?lfare of the Citizens
of the City of Anaheim,
7. That tfie granting of the Conditional Use Permit und~r the conditions
imposed, if any, will not be detrimental to the peace, liealth, safety and general
welfare of the Citizens of tlie City of Anaheim,
3. That the traffic gererated by the proposed use will not impose an undue
burden upon tiie streets and highways designed and improv~d to carry the traffic in
the area.
9. That 5 persons indicated their presence at the June 2g, 1982 public
hearing in opposition; that one interested person appeared at the July 12, 19t32
publir. hearing; and that no correspondence was received in opposition to the sub.ject
petition.
EiJVIROhJMEP~TAL IMPACT FINDING : That the Anaheim City Planning Commission has
reviea~ed the proposal to permit an automobile repair and storacle facility in the ML
(Industrial, Lirrited) Zone with waivers of maximum fence heught on an irregularly-
shaped parcel of land consisting of approximate'y 1.25 acres, liaving a frontage of
approximately 240 feet on the south side of Vermont AvPnue, 512 East Vermont Avenue;
and does liereby approve the t~egativr.~ Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to :he approval of this
Negative Declaration since the Anaheim General Plan designates the subject property
for general industrial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Wegative Deciaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, [iE IT ftESOLVED that the Anaheim City Planning Commission
does herehy grant subject Petition for Conditional Use Permit, u~on the fo11oa11ng
conditions which are hereby found to be a nr_cessary prerequisite to the proposed use
of the subject property in order to preserve the safety and gPneral welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shatl pay traffic signal assessment
fees (Ordinance No. 3t39b), in an amount as determine~i by the City Council
($~00,00/acre)~ prior to commencement of the activity authorized by this
resolution.
2. That subject Nroaerty shall be developed substantialiy in accordance with
plans and specifications on file with the Ctty oP Anaheim marked Exhibit No. 1
(Revision No. 1), provided, however, that an 18-foot wide landscaped berm shalt
be provided along Vermont Avenue for approximately G5 feet as measured from the
east property line to the "exit only" driveway.
3. That Condition No, 2, above-mentioned, shall be com~lied with prior to final
building and zoning inspections.
B[ IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly pre~licated upon
-~+- Pc82-t35
.-~
~
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any sucli condition, or any part thereof, be declarr_d invalid or unenforceable
by tlie final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained~ shall I~e deemed null and void.
THE FpREG01NG RESOLUTION is signed and approved by mr this 12th day of July,
i~az.
~j% 1 r~ y ' ;. ..~ ~_::.y~~"`~{,•~/
,~^~ I'~'"
HA I Rt1A , ~~~ C I TY PLANN I NG> COM!11 SS I ON
ATTEST: ~;
.C .
SECRETARY, ANAf1E I11 C I TY PLAP N I NG COMM I SS I OtJ
STATE OF CALIFORNIA )
COUNTY OF ORAWGE ) ss.
CITY OF ANAHEIM )
I, Edith L, tiarris, Secretary of the Anaheim City Planning Commissionf do
hereby cert(fy that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 12, tg32~ by the following vote ~f
the members thereof:
AYES: COMNISSIOt4ERS: BOUAS, DUSHORE, FRY, IIERi35T, KIfJG, ~1C BUR~IEY
NOES: COt1MiSSI0NER5: NONE
ABSENT: COMMISSIONERS: BARNES
IiJ WITNESS WIiEREOF, I have hereunto set my hand this 12th day of July, 1982,
~GC.C.G~. .~` ~w.~ ~...
SECRETARY, ANAHEIPI CITY PLANNING C011MISSION
-5- PC82-135
4,; ,
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