Resolution-PC 97-68~ ~
RESOLUTION NO. PC57-68
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERiv11T NO. 3934 BE DENIED
WHEREAS, the Anaheim City Plann(ng Commission d(d receive a verified Petftion for
Conditional Use Permit for certain real property sftuated in the City of Anaheim, Counry of Orange, State of
California, described as:
PARCEL 1:
THE SOUTH 40 FEET OF LOT 1 OF TRACT NO. 1633, IN THE CIN OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 47, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY OF RECORDER OF SAID COUNTY.
PARCEL 2:
THAT PORTION OF T~1E EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, SATE OF CAIJFORNIA, AS SHOWN ON MAP RECORDER
IN BOOK 51, PAGE 7, Ef SE~., OF MISCELLANEOUS MAPS, IN THE OFFICE OF
T'rIE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORtJER OF SAID EAST HALF; THE~lCE
NORTH 0 DEGREES 16 MINUTFS 20 SECONDS WEST, ALONG THE WEST LINE
OF SAID EAST HALF, 120 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF
TRACT NO. 1633, AS PER MAP RECORDER IN BOOK 47, PAGE 50 OF
MISCEW4NEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUl~TY; THENCE NORTH 89 DEGREES 36 MINUTES 20 SECONDS EAST,
ALOIVG THE SOUTH LINE OF SAID LOT ANO THE EASTEFILY EXTENSION
THEREOF, 129.27 FEET TO TNE CENTER LINE OF P. ~0 FOOT STREET, SHOWN
AS KATHRYN DRIVE ON THE MAP OF SAID TRACT; THENCE SOUTH 0 DEGREES
16 MINUTES 10 SECONDS EAST, ALONG SAID CENTER LINE, 120 FEET TO THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 36
MINUTES 20 SECONDS WEST, 129.26 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE SOUTH 40 FEEi THEREOF AS GRANTED TO THE
SATE OF CALIFORNIA IN DEED RECORDED FEBRUARY 06, 1957 IN BOOK 3794,
PAGE 75, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN KATHRYN
DRIVE, AS SAID DRIVE IS SHOWN ON THE MAP OF SAID TRACT N0. 1633.
WHEREAS, the City Planning Comrr~ission did hold a public hearing at the CNic Center in the
City of Anaheim on May 28, 1997 at 1:30 p.m., notice of said pubtic hearing having been duly gNen as
required by law and in accordance wiih the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and cons(der evidence for and agafnst srid proposed conditional use permft and to investigate and
make findings and recommendations In connection therewfth; and
CR2924PLWP -1- PC97~8
~ ~
WHEREAS, said Commissior~, after due inspection, investigation and study made by itself and
in fts behalf, and after due consideration of all evidence and reports offered at said hea~ing, does find and
determine the following facts:
1. That the proposed use is proper{y one for which a condftional use permit is authorized by
Anaheim Mun(cipal Code Section 18.21.050.040 to permit an automobile sales lot with waNer of tl~e
following:
Section 18.21.063.010 - Permitted encroachments into reauired setl3ack area.
and 18.21.064 (Dispiay vehicles not oermitted wfthin 25-+oot setba:k from Lincoln Avenue;
display vehicles prooosed with a 10-foot landscaaed setbackl
2. That there are no special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identicaily zoned propertfes in the vicinity;
3. That strict applicatlon of the Zoning Code does not deprive the proper~y of prNileges
enjoyed by other properties in identical zoning class~ication in the vicinity;
4. That the proposed use would adversely affect the adjoining land uses and the growth and
development of the area in wh?ch it is proposed to be located and may have a detrimental effeci on the
residential uses to the immediate nerth, wh(ch would be impacted by fncreased lighting and noise;
5. That subJect properry is to small to maintain the activities proposed in connection wfth the
requested automobile sales lot; and that the site is not large enough to allow the full development of the
proposed use in a manne; not detrimental to the particular area nor to the peace, health, safery and general
weifare;
6. That the tra~c generated by the proposed use wiil (mpose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
7. That the granting of the condftfonal use permit would be detrimental to the peace, health,
safety and general welfare of the cftizens of the City of Anaheim; and
8. That no one indicated their presence at said public hear(ng in opposftion; and that no
correspondenoe was receNed in opposition to tiie subject petftion.
~ALIFORNIA E~lVIRONMENTAL QUALITY ACT FfNDING: That the Anaheim Cfry Planning
Commission has reviewed the proposal to permft an automobfle sales lot with waNer of permftted
encroachments into requfred setback area, on a rectangularly-shaped 0.14 acre parcel of ~anci located at
the northwest corner of Uncoln Avenue and Kathryn DrNe, wfth approximate frontages of 104 feet on the
north side of Lincoln Avenue and 120 feet on the west s(de of Kathryn Drive (2235 W. Lfncoin Avenue); and
does hereby approve the NegatNe Declaration upon finding that the declaration reflects the independent
Judgement of the lead agancy and that ft has considered the NegatNe Declaration together wfth any
comme~ts receNed during the pubUc review process and further finding on the basis of the inftial study and
any comments received thZt there is no substantial evidence thut the project will have a signiflcant effect
on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cocnmission ~oes
hereby deny subject Petftfon for Conditfonal Use Permft, on the basis of the aforementioned findings.
-2- PC97•68
~ ~.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 28, 1997. (~
1
CHAIRPERSON, ANAHEI ClTY PLANN!NG COMNSISSION
Al~'EST:
SECRETARY, ANA EIM GITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAFIEIM )
I, Margarita Solorio, Secrstary of the Anaheim Ciry Planning Commission, do hereby certffy
that the foregoing resoiution was passed and adopted at a m2eting of the Anaheim Ciry Planning
Commission held on May 28, 1997, by the fdlowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA,
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: MAYER
1
IN WITNESS WHEREOF, I have hereunto set my hand this day ot I~~(,!/h.~~ ,
1997.
lAA ~~ ~
SECRETARY, AN HEIM CITY PLANNING COMMISSION
~. PC97~&8