PC 78-125f
RESOLUTION N0. PC78-125
A RESOLUTION OF THE ANAHEIM CITY PLANt11NG COMM15510N
THAT PETITION FOR CONDITIONAL L'SE PERMIT N0. 1839 ~E GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from LEO~~ARD G. MUSKIP! AND DONALD T. LEAtiY, 8929
Wilshire Boulevard, Beverly Hills, California 90211, owners, and R. A. Mann, Inc.,
815 West Katella Avenue, Anaheim, Califo-nla 92802, ?~en[. of certain real property
situated in the City of Anaheim, County of Orange, :.~ce oF California, descrtbed as:
Parcel A: Parcel 2, in the City of Anahelm, as per map recorded
in book 14, page 23 of Parcel Maps, in the office of the county
recorder of said county; and
Parcei B: The North 20.3 feet of Parcel 1. in the City of
Anaheim~ as per map recorded in book 14, page 23 of Parcet Maps,
in the office of the county recorder of said county.
WHEREAS, the City Planning Commission did hold a publtc hearing at the City
Hall in the City of Anaheim on June 5, 1°78. at 1:30 p.m., notice of said public
hearing having been duly 9iven as required by law and in accordance with the
provisions of the Anaheim Muntcipal Code, Chapter 1l3.03, to hear and consider
evidence for and against said proposed conditional use and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, t~vestigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find an~ determine the followtng facts:
1, That tFe proposed use is properly on~ for o~hich a conditional use
permit is authorized by Anahei~n Municipal Code Section 18.44.050.060 to permit an
automobile rental agency wtth waivers of:
(a} SELTfOH 13.~4.064.010 - Mini.num landscaping ad acent_Lo a streeC.
~~eet required; 2 cet proposed
(b) SECTION id.44.o68.021 - Maximum fence height.
30 inches pernitted;
5 feet existing)
2, That the proposed use is hereby granted subject to the condition that
the two driveways onto Acama, whlch primarily serves residential uses to the east,
shall be removed and replaced with standard curb, gutter and sidewalks and that the
existin9 S~foot high fence shall be extended to completely eliminate all access to
Acama Street.
3, That the proposed wafvers are hereby granted on the basis that
surrounding properties are developed with similar landscaping setbacks and fencing
and that strict application of the zoning code would deprive subJect property of
privileges enJoyed by other properties i~ the same zone and vicinity; and that the
existing wall is welt-maintained and provides a buffer between the commercial and
residential areas.
PC78-t25
4. That [he proposed use will not adversely affect the adJoining land uses
and the growth and development of the area in which it is proposed to be located,
5. 7hat the size and shape of the site proposed for the use is adequate to
allow thc full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of ihe Cfty of Anaheim.
6. That the gran[ing of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimcntal [o the peacc, health, safety and general
welfare of the Citizens of the City of Anaheim.
7. That no one tndicated their presence at said public hearing in
opposition; ~nd that no correspondence was recelved fn oppositton to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Pianning Commission has
reviewed the subJect pro ect [o permit an autortfobile rental agency with waivers of
minimum landscaping adjacent to the street a~d maximum fence height on a
rectangularly-shaped parcel of land consisting of approximately 0.6 acre having
approximate frontages of 1;3 feet on the east side of Harbor Boulevard and 133 feet
on the west side of Acama Street, being located approximaCely 395 feet south of the
centerline of Orangewood Avenue; artd does hereby approve [he Negative Declaration
from the requirement to prepare an environmentai impact repori on the basis that
there would be no significant indlvidual or cumulative adverse enviro~mental (mpact
due to the approval of this Negative Declara[ion since the Anaheim General Plan
designates the subject property for general commercial la~d uses commensurate with
the propcsal; tha[ no sensitive environmental impacts are involved in the proposal;
that the Initial Study submitted by the petltioner indicates no significant
individual or cumulative adverse envtronmental impacts; and that the Negative
Declaratlon substantiating the foregoing findings Is on file in the City of Anaheim
Pianning Department.
NOW, THEREFORE, BE IT RESOLVED [hat the Anahetm Lity Planning Commission
does hereby grant subjeci Petition for Condttional Use Permtt, upon the follow(ng
conditions which are hereby found to be a necessary prereqafsfte Lo the proposed use
of the sub)ect property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That trash storage areas shall be provided in accordance with approved
plans on file with [he Office of the Director of Public Works.
2. 7hat the owner(s) of subject proper[y shall pay to the City of Anaheim
the sum of three and one-half dollars ($3.50) per front foot along Harbor Boulevard
for street lighting purposes.
3. That [he owner(s) of subJect property submit a letter requesttng the
termtnation of Conditlonal Use Permit No. 1087.
4, That subJect property shall be developed substantlally in accordance
wlth plans and speciftcations on file with the City of Anaheim marked Exhtbit No, t;
provtded, ho~ever, that the trro driveways onto Acama Street shall be removed and
replaced wich standard curb, gutter and sidewalks and that the 5-f~ot high existing
fence sfiall be extended to eliminate ali access to Acama Street.
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5. That Condltlon Nos. 2 and 3, above-me~tioned, shall be complied wi[h
prior to the commencement of the acttvity authorized under this resolut(on. or prtor
to the time that the building permit is issued, or within a period af one year from
date hereof, whichever occurs first, or such further time as the Planning Cortmission
may grant.
6. That Condition Nos. i and 4, abave-mentioned, shall be complled with
prior to final bullding and zoning inspections.
BE IT FURTHEi -50LVED that the Anaheim City Planning Cortmission does hereby
find and determtne that adoption of this Resotution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction. then this Resotution,
and any approvals herein contained, shall be deemed null and vaid.
THE FOREGOING RESOLUTION is si9ned and apnroved by me this Sth day of June
CHA HAN. APlAHEIM CIT PLANNItIG COHMISSION
197R.
ATTEST:
~~~ ~ ~.
SELRETARY, ANAHEIM CITY PLANNING COMMISSIOl~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, Edith L. Harris, Secretary of the Anahelm City Planning Cortm~ission, do
hereby certify that the foregotng resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on June 5, 1978, at 1:30 p.m., by the
folinwing vote of the members thereof:
RYE~: LOHHt55fONERS: B/~i'tNES~ DAUIU. FiERoST~ JOiiHSGH, K(NG~ LiNN, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN ~~lITNESS NHEREOF, I have hereunto set my hand this Sth day of June. 1978.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSiON
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PC78-125