PC 82-151RESOL[JTION NO. PC82-151
A RESOLUTION OF THE ANAHEIM CI'iY PLANNING COMMISSION
THAT PETITZON FOR CONDITIONAL USE PERMZT NO. 2356 BE DENIED
WHEREAS, the Anataeim City Planning Commission did receive a verified
Petition for Conditional Use Permit from ABEL & CAROL A. MENDEZ, 1004 North
Lemon Street, Anaheim, California 92801, owners and LAWRENCE SUCKLEY, 611
Civic Center Drive West, Santa Ana, California 9270Z, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF LOTS 4 THROUGH 8 INCLUSIVE, OF THE BABINGER
SUBDIVISION, IN TNE CITY OF ANAHEZM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED ZN BOOK 7, PAGE 23, MISCELLP.NEOUS
MAPS, IN Tf:E OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
WESTERLY OF THE FOLLOWZNG DESCRIBED LINE;
COMMENCING AT A POINT IN THE SOUTH LINE OF LOT 1 EASTERLY THEREON
18.69 FEET FROM THE SOUTHWEST CORNER OF SAID IAT 1, SAID POINT HEING
IN THE WESTERLY LINE OF ZEYN &TREET T.S CONVEYED TO THE CITY OF
ANAHEIM BY DEED RECORDED MARCH 1, 1924, IN BOOiC 512, PAGE 257, OF
DEEDS, F2ECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89° 35' WEST ALONG
THE SOUTHERLY LIN~ OF LOTS 1, 2, 3, 4 AND 5 OF ~AID SUHDZVISION,
170.95 FEET TO THE TRUE POINT OF BEGZNNING OF THE pFOREMENTIONED
LINE; THENCE NORTH 0° ??~ WEST 80.00 FEET; THENCE NORTII 26° 37' EAST
88.98 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF SAID
S[JHDIVI~ION.
£XCEPTING THEREFROM THAT PORTION IN LOS ANGELES STREET, NOW ANAHEIM
BOULEVARD, DESCRIBED AS PARCEL 2 IN THE DEED OF THE CITY OF ANAHEIM,
RECORDED MAY 11, 1934, IN B~K. 575, FF.G£ ?, OFF'ICZP.Z. 22E::pRDS, ORA;7GE
COUNTY.
l+LSO EXCEPTING THEREFROM THAT PORTION IN LEMON STREET AS DESCRIBED IN
P~gLS 1 AND 2 OF THE FINAL JUDGEMENT OF THE SUPERIOR COURT OF THE
STAT& OF CALIFORNIA Ilv AND FOFt THE COUNTY OF ORANGE, IN ACTION NO.
23578 AS RECORDED IN BOOK 325, PAGE 281, OFFICIAL RECORDS, OF SAZD
OReu1GE COUNTY.
WHEREAS, the City Plann3ng Commission did hold a public hearing at
the City Hall i.n the City of Anaheim on July 26, 1982, at 1:30 p.m., notice of
said p~lic hearing having been duly given as required by law and ;n
accordance with the provisions oi the Anaheim Municipal ~ode, Chaoter 18.03,
t~ hear and consider evidence for and against said proposad conditionnl use
permit and to investigate and ma}:~: findings and reconunendations in connection
therewi~h; said public hearing having been continued to the Planning
Commission meeting of August 9, 1982; and
PC82-151
WFiGREAS, ~aid Commission, afte: ~ue inspection, investigation and
study made by itself and in its behalf, and aftcr due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipa2 Code Section 18.45.050.060 to
wit: to retain a used auto sales lot in the CG (Conmercial, General) zone with
waiver of:
SECTIONS 18.06.060.022 6
~8.45.066.050 - Minumum number of parking apacea
(5 spaces required; 2 spaces proposed)
2• That the proposed use is hereby denjed on the basis that the
request is a result of act±on taken by the Code F.nforcement Officer and the
petitioner did not appear at two public hearings to answer the Plannin
4
Coamiission's concern pertaining to the intended u~e due to the history of the
sitnilar use on the property and requested waiver of the code requirement.
3• T11at the proposed use will adversely affect the adjoining land
uses and the growth and developnent of the area in which it is proposed to be
located.
4• That the size and shape of the site proposed for the use is not
adequate to allow the full develapment of the proposed use in a c~anner not
detrimental to the particular area r.or to the pea~e, health, safety and
general welfare of the Citizen~ of the City of Anahein.
5• That the qranting of the Conditional Use Permit will be
detrimental to the peace, health, safety and general welfare of the Citizens
of the City of Anaheim.
6. That the traffic generated by the propoaed use will impose an
undue burden upon the etreets and highways designed and improved to carry the
traffic in the area.
6• That no one indicated their presence at said public hearinq in
oppositiont and that no correspondence was received in opposition to the
subject petition.
ENVIFONMENTAL Ii~ACT FINDING: That the Anaheim City Planning
Commisaion has reviewed the proposal to retain a used automobile salea lot in
the CG (Commercial, General) zone with waiver of minimura number of parking
spaces on an irregularly-s:iped parcel of land consisting of approximately
0.14 acre located at the southeast corner of Anaheim Boulevard and Lemon
Street, and further described ns i039 North Anahein Boulevard (Caah Auto
Sales)s and does hereby disapprove the 17egative Declaration from the
requirement to prepare an environmental iu~pact report on the basis that there
would be significant individual or cumulative adverse environmental i~apact dua
to the approval of this Negative Declaration; that the Anaheia General Plaa
deaignates the aubject property for general commercial land uses ,c>m•n•±naurates
with the proposalt that aensitive environmental impacts are invoi.ad in the
proposalt that the Initial Study submittod by the potttioner indicates
significant individual or cumulative adverse environmental impacts.
'2- PC82-151
+,~~ N~W, THERErORE, BE I: RESOLVED that r_he Anahein City Pl~nning
Cor.unis3ion does hereby deny subject Petition for Condit.ional Use Permit on the
basis ~f the aforementioned findinqs.
TFIE FOREGOING RESOLUTION is sfgned and appro~ed by ce thia 9th day of
August~ 1982.
/ ~
CN I AN, ANAHgiy CITy pt,a~ zNG COFIFfISSIQN
ATTESTz ~ ~
/~!Y/~ ~~wn«..
SECRETARY, ~7~{EIM CITY P:.AAIN HG COl4~tiSSION
STATE ~F CALIFORNIA )
COUNTY ~P ORANGE ) ss.
CITY OF ANpHEIM )
I. Edith L. Harris, Seczetary o.' the T~naheim City Planning
Coeanisaion, do hereby certify Lhat the :oregoing reaolution was passed and
adopted at a taeeting of the ~naheim City Planninq Cocallusion held on Avqust 9,
1982, bY the followinq vote of the mnc.2~ra rhA_r.~:
AYES: COrQ1I3SIONERS: HOUJ-S, BUSNORE, F~ Y, f{ERDSi, tCZKG, IA CL]-IRE,
MC 8URliEY
NO&Ss COMRZSSIOtigpg; NONE
ASSENT: COt4tISSIQJgpS: NONE
IN WI^NESS HHEREOP, I have hezcunt~ u~t z~y hand this 9th day of
Auqust, 1982.
SECRET~RY ` ~ ~ ~tw ~
. AN)1HEIM CITY pl,pNpIph; C(~yjgSION
-~ rCa2-15: