PC 83-54.~
RESOLUTION NO. PC83-54
A RE~OLUTION OF THE A[VAHEIM CITY PLANNING COMMISSION
THAT PETI:ION FOR CONDITIONAL USE PERMIT NO. 2420 BF, GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from NORMAN AA7D IgMp M. SWITZER, P. O. Box
49414, Los Anqeles, California 90049, owners, and ERIC HELMLE, 1281 North
; Kraemer, Anaheim, California 92806, agent of certain real property situated in
': the City of Anaheim, County of Orange, State of California, described as:
i~
a~ THAT PORTION OD' THE NORTH HALF OF THE NORTHEAST QUARTER OF
; LOT 14 IN BLOCK K OF THE KRAgPg;R TRACT, IN THE COUNTY OF
~,i ORANGE, STATE OF CALIFpItNZA AS PER tM~P 12ECORDED IN BOOK 12
i PAGES 87 AND 88 OP' MISCELLANEOUS RECORDS OF LOS ANGELES
~ COUNTy, CALIFORNIA DESCRIHED AS PARCEL A ON A PARCEL MAP
RECORpED IN BOOK 63 PAGE 24 OF PARCEL MApg, RECORDS OF ORANGE
t COUNTY, CALIFORNIA.
WI~EREAS, the City Planning Commission did hold a public hearinq at
the City Hall in the City of Anaheim on March 7, 1983, at 1:30 p.m,, notice of
said public hearing having been duly given as required by law and in
accordance with the gravisions of the Anaheim Municipal Code, Chapter 18,03,
to hear and consider evidence for ar.d against said proposed conditional use
permit and to investigate and make findings and recomtr.endations in connection
therewith; and
WIiEREAS, said Commission, after due inspecti~n, 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:
i• That the prop~sed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.61.050.605 to
wit: to retain retail tire sales in the NS, (Industrial, Limited) Zone.
2• That the proposed use is hereby granted subject to the
petitioner's stipulation at the public hearing that retail sales snall be
limited to twenty-five percent (25B) of the total sales volume.
3• That the proposed use, as granted, will not adversely affect tne
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
4• That the size and shape of the site proposed for the use, as
granted, 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 welfare of the Citizens of the City of Anaheim.
5• 1'hat the granting 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 Anaheim.
#0523I
PC83-54
6. That thp traff.ic generated by the proposed use, as granted, will
not impose a~ 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 correspondence ~~as received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the pz•oposal to retain retail tir.es sales in the ML
(Industrial, Limi.ted) Zone on a rectangularly-shaped parcel of land consisting
of appr~ximately 0.5 acre, having a frontaye of approximately 145 feet on the
wpst side of Kraemer Boulevard, being located approximately 185 feet south of
the centerline of Miraloma Avenue, and further described as 1281 North Kraemer
Boulevard; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there
would be nu significant individual or cumulative adverse environmental impact
due to the approval of this Negative Declaration since the :~naheim General
Plan designates the suaject property for general industrial land uses
commensurates 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 Neyative Declaration substantiating the foregoing
findings is on £ile in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the followinq conditions which are hereby found to be a necessary prerequisite
to the proposed use of the sub~~:ct property in order to preserve the safety
and general welfare of the Citizens of the City of F.naheim:
1. That sidewalks shall be installed along Kraemer Boulevard as required
by the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
2. That the owner of subject property shall pay to the City of Anaheim a
fee for street lighting facilities alonq Kraemer Boulevari, in an
amount as determined by the City Council.
3. That the owner of subject property shall submit a letter requesting
termination of Variance No. 2545 to the Planning Department.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance anri Sanitation
Division.
5. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
6. That the owner(s) of subject property shall pay tne difference
between the industrial and com.uercial traffic signal as3essment fees
(Ordinance No. 3896) for an area of 2256 square f.eet in an amount as
determined by the City Council.
_Z_ PC83-54
;;;; ~• That the retsil sales allall be limited to a maximum of twenty-five
percent (25$) of the total sales volume.
8• That Condition Nos. 1 through 6, above-ment.toned, shall be
within a period of ninety (90) days from the date of completed
this resolution.
, EE IT FURTHER RESOLVED that the Anaheim City Planning Commi,ssion does
, hereby find and determine that adoption of this
predicated upon applicant's compliance with each and eallu of n is expressly
hereinabove set forth. Should any such conditions the conditione
declared invalid or unenforceable b ~ or any part thereof, be
competent jurisdiction Y the Einal judgment of any court of
contained ~ then this Resolution, and any approvals herein
, shall be deemed null and void.
THE FOREGOING RESpLi7T10N is signed and approved by me this 7th day of
March, 1983.
°~~~~~~ ~
~'nH-~~N~ ~NAHEI~`4 CITY PLANN COMMISSION
ATTEST:
SECRETARy, ~~EI ~ •
M CITY BI,ANNING COMMISSION
STATE OF CALIFO!2NIA )
COUNTY OF ORANGE ) ss.
CITY OF A v.~F[EIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certiEy that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Pianning Commission held on March 7,
1983, by the follow~ng vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, PRY, HERDST, K2NG, LA CLAIRE, MC BURNEY
NOES: CO~ggIONERS; NONfi
ABSENT: COMMIggIONERS: BUSLiCRE
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of
March, 1983.
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SECR~,TARY, piJAF~E2M CITY PLAIVNING COMMISSION