PC 83-224i
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; ~ RESOL_ pTZpN Np, pC83-224
A RESOL~UTION OF THE ANAHEIM CITY PLANNING COMMISSION
~ THAT PETITION FOR CONDITIONAL USE PERMIT NO, 2509 BE GRANTED
~ WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Perm:t from BANK OF AMERICA N.T.S. & A.
, 1130
~ South Figuetoa Street, Los Angeles, California 90015 ow
REALTY CORPORATION, 600 Wilshire Boulevard, Los An eles ner' and CHRYSLER
aqent of certain real propetty situated in the City of~A aheim,nCOUnty lof
Orange, State of California, described as:
E'•~.!
`4%:,; PARCEL 1:
'`•"'~ THAT PORTION OF LOT 25 OF AtiAHEIM EXTENSION, AS S80WN ON A
~'~ MAP OF SURVEY MADE BY WILLIAM HAMEL AND rILED IN THE OFFICE
OF THE COUNTY RECORDER ~JF LOS ANGELES COUNTY~ CALIFORNIA~ A
COPY OF WHICH IS RECORDED IN BOOK 3, PAGE 163, ET SEQ.,
ENTITLED LOS ANGELES COUNrY MAPS, :J T@t; GFPICE OF THE
COUNTY RECORDER OF ORANGE COUNTY~ CALIFORNIA, DESCRIgED AS
, FOLLOWS:
BEGINNING AT THE SOUT$WEST CORNER OF SAID LOT 25 (WHICH FOR
THE PURPOSES OF THIS DESCRIPTION~ IS CONSTRUED TO BE TAE
CENTERLINE INTERSECTION OF LOS ANGELES STREET (NOW KNOWN AS
ANAHEIM BOULEVARD AND BALL ROAD); TBENCE NORTH 15° 32' 15"
WEST ALONG THE W,EST LINE OF SAID LOT 25, A DISTANCE OF
153.86 FEET; THENCE EASTERLY ALONG A LINE PARALLEL WITH THE
SOUTB LINE OF SAID LOT 25~ A DISTA:~CE OP 170.00 FEET; THENCE
SOU'fH 15° 32' 15' EAST AI~ONG A LINE PARALLEL WITH THE WEST
LINE OF SAID LOT 25, A DISTANC:E OF 153.86 FEET; THENCE
WESTERI,Y ALONG THE SOUTH LINE OF SAID LOT 25~ TO THE POINT
OF TRUE BEGINNING.
EXCEPT THE SOUTH 30 FEET THEREOF.
PARCEL 2:
THAT PORTIOlI OF LOT 25 OF ANAHEIM EXTENSION, AS S80WN ON A
MAP OF SURVEY MADE BY WILLIAM HAMEL, AND FILED IN THE OFFICE
OF T8E COUNTY RECORDER OP LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH IS RECORDED IN BOOK 3, PAGES 163, ET SEQ.,
ENTITLED 'LOS ANGELES COUNTY MApS", IN THE OPF:L'E OF THE
COUNTY RECORDER OF SAID OR9NGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25, SAID
CORNER POR THE PURPOSE OE THIS DESCRIPTION BEING CONSIDERED
TO BE THE INTERSECTIONS OF THE CENTERLINE OF LOS ANGELES
STREET AND BALL ROAD, AND RUNNING THENCE NORTH 15° 32' 15"
WEST, ALONG THE CENTERLINE OF SAID LOS ANGELES STREET,
160.35 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY
OE THE LAND HEREIN DESCRIBED; THENCE SOUTH 15° 32' 15" EAST
6.99 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL WITH SAID
CENTERLINE OF BALL ROAD, 170.00 FEET TO THE WESTERLY LINE OF
T$E LAND CONVEYED TO BERTRAM L. POLLAK AND WIFE~ BY DEED
#0096r
PC83-224
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RECORDED JUNE 29~ 1956~ IN BOOK 3562, PAGE 216~ OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 15° 32' 15' WEST ALONG SAID WESTERLY
LINE, 25.95 FEET TO THE NORTHWEST CORNER THEREOE; THENCE
NORTH 74° 27' 4S' EAST ALOt'G THE NORTHERLY LINE OF SAID
LAND~ 115.00 PEET TO THE N':i2THEAS'P CORNER THEREOF; THENCE
NORTH 15° 32' 15' WEST ALONG THE NORTHERLY PROLONGATION OF
THE EASTERLY LINE OF SAID LAND~ 25.79 FEET TO AN
INTERSECTION WITH A LINE WBICH AEARS NORTH 74° 27' 45' WEST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 74° 32' 45'
WEST 278.86 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION 0' LOT 25 OF ANAHEIM EXTENSION~ AS SHOWN ON A
MAP THEREOP MADE BY WILLIAM HAMEL AND FILED FOR RECORD IN
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY~
CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH^zRLY LINE OP SAID LOT~
DISTANT TflEREON 170.00 FE:i.i EASTERLY FROM THE SOUTHWEST
CORNER THEREOF~ SAID SOUTHWEST CORNER BEING THS INTERSECTION
UF THE CENTER LINE OF TF3E STREET~ 60.00 FEET IN WIDTH~ NOW
KNOWN AS BALL ROAD~ ADJOINING SAID LOT ON THE SOUTHi WITH
THE CENTER LINE OF THE STREET~ 60.00 FEET IN WIDTH~ NOW
KNOWN AS LOS ANGELES STREET~ ADJOINING SAZD LOT ~N THE WEST
AND RUNl7ING THENCE NORTH 15° 32' 15' WEST~ PARALLEL WITH
SAID WEST LINE, 179.81 FEET; THENCE NORTH i4° 27' 45" EAST
115.00 FEET; THENCE SOUTH 15° 32' 15" EAST 211.6 FEET TO THE
CENTERLINE OF SAID BALL ROAD; THENCE WESTERLY ALONG SAID
CENTER LINE, 119.32 FEET TO THE POINT OF BEGINNING.
ISXC:EYT `i`Hf:kEPAGFi THE Su'U7:EinRL't :,Q.QO CLEl LYZ21G WITH~f: ~P.I.L
It011D .
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 28, 1983, at 1:30 p.m.,
notice of Eaid public hearing having been duly given as required by law and in
accotdance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence Eor and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WBE!:SAS, 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
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.060 to
wit: to permit an automobile dealership in the CL (COmmercial, Limited) Zone
with waiver of:
(a) SECTION 18.44.063.010 - Minimum landscaned setback
{10 feet re4uired for canopy and new
car display atea located adjacent to an
arterial hiqhway; 0-foot proposed)
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PCSi-224
2. That the requested waiver is hereby granted on the basis that
there are special circumstances applicable to the propecty such as size,
shape, topography, location or ~urroundings, which do not apply to other
identically zoned pro~erties in the vicinity; and that ~trict application of
the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoniny classification in the vicinity; and on the
basis that the structuce has existed for many years without any detrimental
affect on the sucrounding properties.
3. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it i& proposed
to be located.
4. That the size and shape of the site proposed for the •~se is
adequate to allow the full development of the propoyed use in a man,•.~r not
detrimental to the particular area nor to the peace, health, safe;:;~ and
general welfar~ of the Citizens of the City of Anaheim.
=. That the granting of the Conditional Use Permit undec the
conditions imposed, if any, will not be detriment~l to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no corcespondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City F2anning
Commission has reviewed the proposal to permit an automobile dealership in the
CL (Commercfal, Limited) Zone with waiver of minimum landscaped setback on an
irregularly-shaped parcel of land consisting of approximatPly 0.78 acre,
located at the nottheast corner of Ball Road and Anaheim Houlevard, and
further described as 1126 South Anaheim Boulevard; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
Declaration together with any comments received during the public review
process and further finding on the basfs of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditianal Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve t'~e safety
and general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall submit a letter requesting
termination of Variance No. 5A5 to the Plannin9 Department.
2. Thak the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Anaheim Boulevard and eall
Road in an amount as determined by the City Council.
-3- PC83-224
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3. That no autortiobile re~air operations be conducted on subject
property.
4. That the owner of subject property shall submit a copy of the lease
agreemeat permitting use of a 20-foot wide vehicular accessway
located directly east of subject property. Further, the owner of
subject property shall execute and record a covenant against the
property quaranteeing that in the event subject property no longer
has access rights over said 20-fool- wide accesstaay, the existin9
trash enclosure shall be relocated to an area acceptable to the
Street Maintenance and Sanitation Division.
5. That the owner of subject property shall record and execute a
covenant providing that if *_he adjacent property to the north is no
longer used £or automobile dealership in conjunction mith subject
property, this permit shall automatically terminate.
6. That in the event the ownerships of subject property and the
adjacent property to the north are combined, the existing driveway
on Anaheim Boulevard nearest to Ball Road shall be closed and any
other driveway access to the property shall be subject to the
approval of the City Traffic Engineer.
7. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 4.
8. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued,
or within a period of nne year from the date of this resolution,
whichever occurs first, Condition Nos. 1 and 2, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, Condition Nos.
4, 5 and 7, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does heieby find and determ=ne that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any appro~als herein
contained, shall be deemed nu11 and void.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day
of November, 1983.
Cl~ /~~. • (-~~2-.
CHAIRWOMAN, A HEIM CITY PLANNING COMMISSION
ATTEST: ~, ;
SECRETARY~ ANAfiEIM CITY PLANNING COMMISS.ION
-4- PC83-224
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHGIM )
i, Edith L. Harris, Secret:ry of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on November
28, 1983, by the following vote of the members thereof:
AYES: COFIMISSIONERS: BOUAS~ BUSHORE~ FRY, HERBST, KING~ LA CLAIRE
NOES: COt9MISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have heteunto set my hand this 28th day of
November, 1983.
f~ a-~~ ~ /~QiCn.-~~-
SECRETARY, ANAHEIM CITY PLANNiNG COMMISSZON
_5_ PC$3-224