Resolution-PC 99-168RESOLUTION NO. PC99-168
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4035
FOR A PERIOD OF ONE YFraR (1) UNTILAUGUST 18, 2000
WHEREAS, on August 18, 1998, the City Councii adopted Resolution No. 98R-172 to
approve Conditional Use Permit No. 4035 te permit an automobile sales lot with a maximum of five vehicles
on display on property located at 329-331 North Slate Coilege Boulevard; and that said resolution included
the following condition of approval:
13. That subject use permit shall expire on August 18, 1999.
WHEREAS, this property is developed with a three unit, 3,570 sq.ft. commercial shopping
center, inciuding subject automobile sales lot (Kris Kars); that the property is zoned CL (Commercial
Limited); and that the Anaheim General Pian Land Use Element designates the property for General
Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
expired on August 18, 1999, to retain the existing automobile sales lot with a maximum of five display
vehicles for an additionai two years, pursuant to Code Section 18.03.093.040 of the Anaheim Municipal
Code; and
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on September 13, 1999 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 connectien therewith; and that the hearing was continued from
the Commission meeting of August 30, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
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 proposal is properly one for which a conditional use permit is authorized by
Anaheim Municipat Code Sections 18.03.093.040 and 18.41.050.060.
2. That the proposal will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development of
the proposed use in a manner not detrimental to the particular area nor to the peace, heaith, safety and
general welfare.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in the area.
5. 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 Anaheim.
6. The Facts ~ecessary to support each and every required showing for refnstatement of this
conditional use permi! as set forth in Section 18.03.093.040 of the Zoning ~ode exist
7. That this entitlement is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved by the approval body; and that the Code
CR3748PK.DOC -1- PC99-166
Enforcement Division inspected the property during August and September 1999 and indicated that the site fs
in compliance with the conditions of approval.
8. That this entitlement is being exercised in a manner not detrimental to the particuiar area
and surrounding land uses, nor to the public peace, health, safety and general welfare.
9. 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 QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the request to reinstatement this condiGonal use parmit, which currently contains
a two year time limitation that expired on August 18, 1999),to retain the existing automobile sales lot with a
maximum of five display vehicles on a 0.37-acre irregulariy shaped property having a frontage of 156 feet on
the ~°iest side of State Coilege Bouievard, a maximum depth of 102 feet and being located 150 feet south of
the centerline of Redwood Avenue, and further described as 329-331 tvorth State Coliege Boutevard (Kris
Kars); and does hereby determine that the Negative Declaration previously approved in connection with
Conditional Use Permit No. 4035 is 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 during the
public review process that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council does hereby amend
Resolution No. 98R-172, adopted in connection with Conditional Use Permit No. 4035, to amend Condition
No. 13 to read:
13. That this Conditional Use Permit No. 4035 shall expire on August 18, 2000.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 13, 1999.
~~/',' .G~~ /\-'c~ Gr'a~e~~"~:
CHAIRPERSON, ANAHEIM CI PLANNING COMMISSION
ATiEST:
, ~~
SECRETARY, AHEIM 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 at a meetin~ of the Anahefm City Planning
Commission held on September 13, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSIWICK, DOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT
o, J,,,lnn r~ .IN WITNESS WHEREOF, I have hereunto set my hand this ~ry; day of
UUI•b(.~~1 , 1999.
,,~U~<~~ e~Wl~
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
CR3748PK.DOC -2- PC99-166