Resolution-PC 98-85RESOLUTION NO. PC98-85
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4025 BE DENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Gonditionai Use Permit for certain real properiy situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF VINEYARD LOT G-5, AS SHOWN ON A MAP
RECORDED N BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, BOUNDED ON THE SOUTH BY A
LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT
RECORDED DECEMBER 27, 1963 IN BOOK 5860, PAGE 642 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AND ON THE
WEST BY A LINE DESCRIBED 1N THAT CEFtTAIN BOUNDARY LINE
AGRGEMENT RECORDED DECEMBER 27, 1963 IN BOOK 6860, PAGE
637 OF SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTIOtJ INCLUDED WITHIN SANTA
ANA STREET AND LEMON STREET, AS THEY EXISTED ON DECEMBER
27, 1963. •
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City oF Anaheim on May 27, 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 18.03, 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
WHERFAS, said Commission, after due inspection, investigatfon and study made by itse{f
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.445 to permit a towing service with impound yard including
the construction of a 400 sq, ft. garage, and with waiver of the following:
Sections 18.61.063.020 - Minimum structurai and landscaoed setback adjacent to a
and 18.61.063.040 residential zone boundarv.
2. That the waiver was deleted because, following public advertisement, arnended plans
were submitted eliminating the need for said waiver.
3. That the proposed use is hereby denied because although the property is zoned ML
"Limited Industrial" and towing services with impound yards are conditional uses, the Anaheim General
Plan designates this propefty for Low Density ResiJential land uses and development of a towing and
impound yard would inhibit opportunities for developing residential uses on this property and other nearby
properties in the neighborhood.
CR3300PL.DOC -1- PC98-85
4. That this proposed industrial-type use would adversely affect the nearby residentiai land
uses and be detrimental to the peace and general welfare of the citizens in the area due to the intensity of
this use, including the hours of operation, noise resuiting from outdoor activities and the generally
unsightly nature of impound ~acilities.
5. That the size and shape of the site proposed for this use is not adequate to ailow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and generai weifare of the Citizens of the City of Anaheim.
fi. That granting this conditional use permit wouid be detrimental to the peace, health, safety
and general welfare of the citizens of the City of Anaheim.
7. That traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in this area because this location at the
intersection of Santa Ana Street and Lemon Street is highly visible to the public and during the hours of
operation the gates (which secure the property) wouid be remain open to prevent entering tow trucks from
interfr:ring with traffic in the street, and leaving the gates open would expose the operations of this towing
and i!npound yard to the public view thereby causing a visual detriment to the surrounding area.
8. That no one indicated their presence at the public hearing in opposition, and that no
correspondence was received in opposition to the subJect petition.
CALIFORNIA ENVIRONMFNTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a towing service with impound yard including
construction of a 400 sq. ft. garage and waiver of minimum structurai and landscaped setback adjacent to
a residential zone boundary on a 0.56-acre parcel located at the southwest corner of Santa Ana Street
and Lemon Street, and having frontages of 214 feet on the south side of Santa Ana Street and 115 feet on
the west side of Lemon Street (507 South Lemon Street); and does hereby deny the Negative Declaration
upon finding that the dedaration reflects the independent judgment of the lead agency and ihat it has
considered the Negative Declaration together with any comments received during the pubiic ~ eview
process and further finding on the basis of the initial study and any comments received that there is
substantial evidence that the project would have a significant effect on lhe environment.
NOW, THEREFORE, BE lT RESOLVED that the Anaheim City Plan~:?ng Commission
does hereby deny subject Petition for Conditional Use Permit on the basis of the aforementioned fndings.
THE FQREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 27, 1998.
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CHAlFtPERSON, ANAHEIM CITY PLAI~NING COMMISSION
ATfEST:
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SECRETARY, ANEIM CITY PLANNING COMMISSION
-2- PC98-85
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 at a meeting of the Anaheim City Planning
Commission held on May 27,1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, HENNINGER, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, PERA7~4
~~~"""~~~~~~~~~''' IN WITNESS WHEREOF, I have hereunto set my hand this ,O~_3___A day of
~, 1998. n~~ n ~'~ ~ ~
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SECRETAR , ANAHEIM CITY PLANNING COMMISSION
.3. PC98-85