PC 85-100~
RESOLUTION N0. PC85-100
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMTIISSION
THnT PETITZOt7 FOR COCIDZTIONAL USE PERMIT N0. 2676 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit f[om ANITA MARGARETE PEAIRS AND CHARLES E.
PEAIRS, 1201 Glenview, Fullerton, California 92635, owners, and ~ONALD A.
MOCCZNO, P. O, gox 4056, Anaheim, California 92803, agent for certain real
property situated in the City of Anaheim, County of Orange, State of
California, described as follows:
LOT 32 OP THE ANAHEZM HOME TRACT, COUNTY OF ORANGE~ STA'?'E OF
CALIFORNIA, AS PER DIAP RECORDED IN BOOK 6~ PA,GE; 34 OP
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUhiY RECO}tDER OF
SAID COUNTY.
WhEREAS, the City Planniny Commission did hold a public hearing at
the Civic Center in the City uY Anaheim on April 15, 1°85 at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence for and against said proposed reclassification
and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by i.tself and in its behalf, and after due consideratiun of all
evidence and reports offered at said hearing, does Pind and determine the
following facts:
1. That the proposed use is properly one for which a conditional
ase permit is authorized by Anaheim Municipal Code Section 18.44.050.060 to
wit: to permit a used automobile sales ager.~y and lot.
Z. That the use is hereby grar.ted for a pariod of five (5) years
to expire on April 15, 1990.
3. That th~ us? ~r herebl granted ~~bjccl~ ~o the petiCioner's
stipulation that thare shall be no mechanical or bo:y work or painting done
outside the huilding.
4. That the use is hereby grantcd subject to the restriction that
there shzll be nu more than 12 cars on display at any one time, including the
showtoom and lot.
5. That the gioposed use will not adversely affect the adjoining
land uses and the giowth and development of the area in which it is ptoposed
to be locate~?.
6. That the size and shape of the site proposed f.or the use is
adequate to allow the full development of the proposed use in a mannez not
detrimental to the particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
7• That 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 Ar.aheim.
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8• That the ttaffic generated by the proposed use will nol• impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
9. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL SMPACT FIP:UING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property fron the
AM-1200 (Residential, Multiple-Family) to the CL {Commercial, Limited) or a
less intense zone to permit a used automobile sales agency and lot on an
irregularly-shaped parcel of land consisting of approximately 7,405 square
feet of land located at the northwest corner of Swan Street and Anaheim
Boulevard, and further described as 1107 North Swan Street; and does hereby
approve the Negative Declaration upon finding that it has considered the
Negative Declaration together with any co~~ents received during the public
review process and further Einding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant eEfect on the enviro~ment.
NOW, TH~REFORE, EE Ii` RESOLVED that the Anaheim City Planning
Commission does hereby grar.t subject Petition for Conditiunal 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 the safety
and general. welfare of the Citizens of the City of Anaheim:
1. That this Conditional Use Permit is granted subject to *_he adoption
:.E the Zoning Ordinance in connection with Reclassification idp.
64-85-30, now pending.
2. That prior to issuance of a building permit, the appropriate traff3c
signal assessment fee shall be paid to the City of. Anaheim in an
amount as determined by the City Council for new commercia'.L
buildings.
3. That the dr.iveway sha.il be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Ergineer.
4. That drainage of subject property shal.l be disposed of in a manner
satisFaclory to the city Engineer.
5. That subject propert~ shall be served by underground utilities.
6. That prior to commencement of structural framing, fire hydrants
shall be inNtalled and charged as required and determined to be
necessary by the Chief of the Fire Department.
7. That trash storage areas Uhall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
8. That the owner oE subject property shall pay to the City of Anaheim
a fee for stre?t lighting along Homer Street, Anaheim 2uulevard and
Swan Stceet, in an amount as determined by the City Council.
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9. That the vehicular secucity gate along Swan Street shall remain open
during hcurs of opecation.
10. That ther.e shall be no automotive repair or reconditioning p?rmitted
on subject property.
11. That there shall be no ~utdoor storage on subject property at any
time, with L•he exception of a maximum of twelve (12) for sale
display vehicles.
12. That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purpoces along Swan Street, Homer Street and
Anaheim E~oulevard in an amount as determined by the City Council.
13. That al,l lockable pedestrian and vehiculac access gates shall be
equipped with a"knox box" ~_vice to the satisfaction of the Chief
o£ Potice and the City Fire Marshall.
14. That trash storage areas shall be provided and maintained in
accordance with approved plans an file with the Street Maintenance
and Sanitation Division.
15. That all aic couditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and the
sound buffered from adjacent residential properties,
7.6. That the proposal shall comply with all signing requirements o£ the
CL Zone, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
17. That a 6-foot high masonry block wall shall be constructed and
mai.ntained along the nocth property line.
18. That any propused parking are,-~ lighting fixtures shail be
down-lighted with a maximum heigi~t of 12 feet. Said lighting
fixt.ures shall be directed away from adjacent property li.nes to
protect the residential integrity of the area.
19. That subject property shall be developed substantially in accordance
with p1an~ and specifications on file with the City of Anaheim
marked Exhihit Nos. 1 and 2.
20. That prior to the commencement of the activity authorized under this
resolution, or prior to issuance of a building permit, or wiEl~in a
period of one year from the date of this resolution, whic:iever
occurs first, Condition Nos. 1, 2, 8 and 12, above-mentioned, shal'L
be complied with. Extensions for further time to complete said
conditions may be granted i.n accordance with Section 18.03.090 cf
the Anaheim Municipal Code.
21. That prior to the commenceme~t of the activity authorized under thia;
resolution, or final building and zoniny inspect•ions whichever
occu[s fic~t~ Co7d'ltion Nos. 3~ 4~ .~i~ 7~ 13~ 14~ 15~ 17~ I8 and 19,
above-mentioned, shall Ue complied with.
22. That this permit shall expire in five (5) years on April 15, 1990.
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BL•' IT FURTHER RESOLVGD that the P.naheim City Planning Commission
does 4ereby find and determine 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 cot~ditions, or any part thereof, be
@eclared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FUREGOING RESOLUTION is signed and app oved by me this 15th day
of April, 1985.
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--'CHAIRMAPI~ ANAHEIFY CITY PLANNTNG COMMISSION
ATTEST:
/ ^ ~ /~~~c.iL/LL~
SECRETARY~ ANAHEIM CTTY PLANNING COMFIISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i~ Edith L. Harris, Secre:ary 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 April 15,
1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, HtRBST, KI[dG~ LA CLAIkE, MC BURNEY
NOES: COMPIISSIONERS: FRY
ABSENT: COMMISSIONERS: NOtJE
IN WITNESS WNEREOF, I have hereunto set my hand this 15th day of
April, 1985.
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gc~~nrmnov~ ff1RF.~Ic. ;;ITY ?LA2~WIIdG COfdh(ZSSIUN
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