Resolution-PC 98-109RESOLUTION NO PC98-109
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DENYING A REQUEST FOR REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 3830
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of Califomia, described as:
THE WES7 54 FEET OF LOT 1 AND ALL OF LOT 2 OF THE VILLA
PLACE ADDITiON ild THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STtiTE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 8
OF MISCELLANEOUS MAPS, IN THE OFFICE OF 7HE COUNTY
RECOkDER OF SAID COUNTY.
~iCEPT THE WESTERLY 35 FEET OF SAID LOT 2.
PARCEL B-1: THE WESTERLY 35 FEET OF LOT 2 OF VILLA PLACE
ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 8 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUN'iY,
CALIFORNIA, THE EASTERLY LINE THEREOF BEING PARALLEL WITH
THE WES7ERLY LINE OF SAID LOT 2.
PARCEL &2: LOT 3 OF VILLA PL4CE ADDITION, AS SHOWN ON A
MAP RECJRDED IN BOOK 6, PAGE 8 OF t~11SCELLANEOUS MAPS,
RECORUS OF ORANGE COUhII'Y, CALIFORNIA.
LOT 4 UF VILLA PLACE ADDITION, IN THE CiTY OF ANAHEIM, COUNTY
OF ORF.NGE, STATE OF CALIFORNIA, AS PER MAP THEREOF
RECURDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNN RECORDER OF SAID COUNTY,
LOT 5 OF VILLA PLACE ADQITION, IN THE CITY OF ANAHEIM, COUNTY
aF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED I!V
BOGK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
FJCCE~T THEREFROIu? THE SG;;THEASTERLY 86 FEET THEREOF.
LUT 6 OF THE VILIA PLAGE qDDITION, IN THE CITY OF ANAHEIM,
~OUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE
OPFICE OF THE COUNTY RECORDER OF SA~D COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 20, 1998 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.Q3, to hear and consider evidence for and agains~ said proposed conditional use peRnit and to
investigate and make findings and recommendations in connection 4herewith; and that said public
hearing was continued from the February 18, March 16, March 30, April 13, May 11 and July 6, 1998
Planning Commission meetings; and
CR3364PL.DOC -1_ I~C9&109
WHEREAS, said C~mmission, after ;1ue f~spection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and repoRs offered at said hearing,
does find and determine the following facts:
1. That the propcsed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.03.093 which permits reinstatement of this Conditional Use Permit
by modifying or deleting a condition of approval pertaining to a 2-year time limitation in order to retain
the accessory outdoor storage of products for an existing retai! restaurant supply store.
2. That ihe Planning Commission adopted Resolution No, pC96-28 on March 4, 1996, to
approve Conditional Use Permit No. 3830 allowing retention of the outdoor storage of products for an
existing retail restaurant supply store with waiver of minimum landscaped setbacks for a period of two
years (to expire on March 4, 1998).
3. That the underlying property is utilized for accessory outdoor storage of products in
connection with an existing res!aurant supply store {Ace Fixtures Company) located on the adjacent
property to the east; and that the property is zoned CG (Commercial, General).
4. That the proposed reinstatement is hereby denied because the property owner-has not
complied with the terms and conditions of Resoiution No. PC96-28, adopted in conjunction with this
Conditional Use Permit, specifically Condition Nos. 3(that the outdoor storage shall not exceed the
height of the perimeter fencing) and 1~I (pertaining to curb side loading as permitted by ihe City Traffic
and Transportation Manager), and as discussed in Item No. 3 of the July 20, 1998 Staff Report to the
Planning Commission.
5. That the proposed reinstatement would adversely affect the adjoining land uses and the
growth anc! development of the area in which the use is located because the property owner has been
unable to maintain the property free from trash and debris generated by the Ace Fixture Company
business.
6. That the size and shape of the underlying site is not adequate to aliow full de~elopment
of the proposal in a manner not detrimental to the particular area ncr to the peace, health, safety and
general welfare of the Citizens of ihe Ciiy of Anaheim because the property is not large enough to
contain all the activities pertaining to the existing retail restaurant supply store and its accessory outdoor
storage as evidenced by the conYinued curbside delivery of inventory to the site by trucks and tractor-
trailer rigs which exceed the maximum 10,000 Ibs. limitation sel by the City Traffic and Transportation
Manager.
7. That granting of ihe request would be detrimental to the peace, health, safety and
general welfare of the Citizens of the Cily of Anaheim.
d. That the traffic generated by ihe reinstated use would impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area because curbside delivery by
heavy trucks and tractor-trailer rigs on Center Street (which is not designed and fmproved to carry this
type of truck traffic) will continue to damage the pavement on Center Street.
9. That two people indicated their presEnce at the public hearing in opposition; and that no
correspondence was received in opposition to the request.
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CAUFORNIA ENVIRONMENT/~', '~UALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed tne proposa; ;r~ :einstate this Conditional Use Permit by modifying or
deleting a condition of approval pertaining to a tinie limitation in order to retafn the accessory ouidoor
storage of products for an existing adjacent retail restaurant suppiy store or a 0.22-acre parcel having
frontages of 104 feet on the south side of Lincoln Avenue and 50 feet on the north side of Center Street,
being located 505 feet east of the centerline of ViUa Place, and further described as 1130 West Lincoli~
Avenue and 1203 West Center Street (Ace Fixtures Company); and does hereby find that the Negative
Declaration previously approved in conneclion with Conditional Use Permit Nc. 3820 is not adequate to
serve as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received ~!.~ring the public review process and further finding on
the basis of the initial study and any comments received ihat there is substantial eviclence that the
projeci will have a significant effect on the environment.
NOW, THEREFORE, E3E IT RESOLVED that the An heim City Planning Commission
does hereby deny the request to reinstate subject Petition ior Con '' l se Permit on the basis of the
aforementioned findings.
THE FOREGOING RESOLUT ~s a opte he P anning Commission meeting of
July 20, 1998. ~ / ~
PLAN
ATTEST:
iG1h~~G~LJ ~!!1i(
SECREtARY,~NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted a4 a meeting of the Anaheim Cily Planning
Commission held on July 20, 1998, by the foilowing vote of the members thereof:
AYES: COMMISSIONERS: , BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA,
WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: (;OMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WKEREOF, I have hereunto set my hand this ~h~~day of
~lu"t!~S~~ , 1sss.
~- ~;~aar.,~,u S~r~
SECRETARY, JAHEIM CITY PLANNING COMMISSION
J
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