Resolution-PC 98-155RESOLUTION NO PC98-155
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMlSSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4056 BE DENIEO
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF LOT 2 IN BLOCK 3 OF ROTHAERMEL'S ADDITiON TO
THE CITY OF ANAHEIM, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 82 OF
MISCELLANEGUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
NORTHERLY 55.00 FEET ALONG THE EAST LINE OF LOS ANGELES
STREET AS SHOWN ON SAID MAP; THENCE AT RIGHT ANGLES
EASTERLY 115.00 FEET AND PARALLEL WITH THE SOUTH LINE OF SAID
LOT 2; THENCE AT RIGHT ANGLES SOUTHERLY 55.00 FEET AND
PARALLEL WITH THE EAST LINE OF LOS ANGELES STREET TO THE
SOUTH LINE OF SAID LOT 2 AND THENCE WESTERLY 115.00 FEET ALONG
THE SOUTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 14, 199a at 1:30 p.m., notice of said pubiic hearing having been duly
given as reo,uired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
10.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued to the meeting of September 28, 1998; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseif and in its behalf, and after due consideration of ail evidence and reports offered at said hearing,
does find and deterrnine the following facts:
1. That the proposed use is prooeriy one for which a conditional use permit is authorized by
Anaheim Municipai Code Section 18.45.050.060 to permit an automobile sales Iot with a m~ximum of
fifteen (15) used vehicles on display.
2. That the proposed use will adverseiy affect the adjoining Iand uses and the growth and
development of the area in which it is proposed to be located because an automobile sales facility has the
potential for a significantly detrimental impact on the nearby residential uses to the east due to the noise
and high level of outdoor activity associated with automobile sales agencies.
3. That the size and shape of the site proposed for the use is not large enough to ailow full
deveiopment of the proposal 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 because the subjoct 0.14 acre (6,098
sq.ft.) lot is too small and cannot accommodate a suitable buffer area to reduce detrimental impacts (such
as noise) by an automobile sales ac~ency with outdoor dispiay on adjoining and nearby residences.
4. i hat the property is not large enough to adequately display and otherwise accommodate
15 cars in a manner not detrimental to the peace, health, safety and general welfare of the adjoining and
n2arby residential neighborhoods and the adjacent public rights-of-way.
CR3443PK.DOC -1- PC98-155
5. That the proposed modular building, in conjunction with the display and operation ~~ ~n
automobile sales facility on an undersized lot, is not aesthetir.ally compatible with the ~rowth and
development of commercial businesses along Anaheim Boulevard, a primary arterial highway.
6. That the proposed site and development are similar in size and character to existing land
uses, whicfi businesses h2ve caused detrimental impacts and Code Enforcement problems in the past, as
discussed in Paragraph {18) of Item No. 8 of the Staff Report to the Pianning Commission dated
September 28, 1998.
7. That granting of this Conditional Use Permit would be detrimentai to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
9. That the traffc generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area, including Alberta Street which
serves a wholly residential area to the east.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition. _
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FIN9ING: That the Anaheim City
Planning Commission has rewewed the proposal to permit an automobile saies facility for up to fifteen
(15) used automobiles on a 0.14-acre, rectangularly-shaped property located at the northeast corner of
Alberta Street and Anaheim Boulevard, having frontages of 88 feet on the north side of Alberta Street and
40 feet on the east side of Anahe;m Boulevard (602 North Anaheim Boulevard); and does hereby
approve the Negative Declaration 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
during the public review process and further finding on the basis of the initiai study and any comments
received that there is no substantiaf evidence that the proJect will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the An~aheim City Planning Commission
does hereby deny subject Petition for Conditional Us Per ~if, on th~! basis of !he aforementioned findings.
THE FOREGOING RESOLUTIdN wa d pted at t e lanning Commission meeting of
September 28, 1998. ~ I• i/,~
~ ,.~ . ~I~i~ ,
CHAIRPERSOM,' NAi-iEIM CITY PLANNING COMMISSION
ATTEST:
(~l~ha~an~.~ ~,~~s-~
SECRETARY, AHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commissiun, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 28, 1998, by the following vote of the members thereof:
AYES: COMMlSSIONERS: BOSTWICK, BRISTOL, ESPING, KOOS, NAPOLES,
NOES: C~MMISSIONERS: NONE
ABSENT: COMMISSIO~!ERS: BOYDSTUN, WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this ~~! day of
~~ 1 ~ J ~ 1998.
~
~.h ~c ~ ~92c~RII.~-'
SECRETARY NAHEIM CITY PLANNING COMMISSION
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