PC 78-170. _.._. _..~......_~
RESOLUTION N0, PC78-170
A RESOLUTION OF THE AtdAHE1M LITY PL/1NH R1G COHHi5510N
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1867 BE GRANTEO
WHEREAS~ the Anaheim City Pianning Commission did receive a verified
Petition for Condttlonal Use Permit from STANLEY JOHN BETZ~ 5291 Paoli Drive, Long
Beach, California, 90803~ owner, and FEND£R BENDER, ItIC., 1531 {lest Broadway,
Anaheim, Californta 92802. agent, of certain real property si~uated in the Ctty of
Anaheim, Coun[y of Orange, State of California, described as:
That portion of lot 6 of Helen and Lynch's Subdivision in t`~e city
of Anaheim, county of Orange, state of California, as per map
recorded in boo~ 442, page 158 of Deeds, in the offtce of the
county recorder of Los Angeles County, Californla, described as
follows: Beginning at the seuthwest corner of the land described
in the deed to Fred L. Stern and wife, recordcd January 30, 1963
in book 6413 P~9e 293 of Official Records of satd Orange County,
said corner being on the center 11ne of Broadway Street. as
conveyed to the County of Orange~ 2fi0.17 fee[, more or less. East
from the southwest corner of said lot; thence Nest d0.17 feet
along said center line to a point 180.00 fee[ fron the southwcst
corner of sald lot; thence North paraliel with [he West line of
said lo[ to a line parallcl with and 110.60 fcet South from the
South Itne of Mabel Street. 50 feet fn Width; thence easterly
80.17 fec[ to the northwest corner of said land of Stcrn; thence
Sou[h to the point of beginntng.
6'HEREAS~ the Lity Pianning Cartmission did hold a oublic hearing at the Ci[y
Nall in the City of Anahe.fm on July 17, 1978~ at 1:30 p.m „ notice of said public
hearing having bcen du)y given as required by law and in accordance with the
provisions of [he Anahein Munictpal Code, Chapter 1R,p3~ ta hear and cansider
evidence for and agalnst satd proposed condittonal use and to investtgate and make
findTngs and recorrunendations in connection therewith; and
NHEREAS, said Commission, after due inspection, investigatlon and study made
by itself and in its Dehalf, and afier due conslderation of all evide~ce and reports
offered at said hearing, does ffnd and dete m Ine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorTzed by Anahetm Municipal Code Section 18,61.050.070 to wlt: to
permTt an automobTle patnt and body shop wlth a Natver of the followTng:
SECTION NOS. 18,05.098 and
1.05.093.0 5- Naxtmum area of wall si n,
20 perm tted;
+T5$ existTng)
2. That the requested walver ts hereby granted on the basis that denial
rrould be deprivTng this proper[y of privileges currently being enJoyed by other
property in the same zone and viclnity~ satd property havtng been granted similar
varlance,
PC78-t7o
3. That the proposed use wtil not adversely affect the ad)oining land usas
and the growth and developme~t of the area In whtch it 15 proposed to be located.
4. That the size and shape of the site proposed for the use is adequate to
altow the full development of [he proposed use in a manner not detrtmental to the
partlcular area nor to the peace. health~ safety, and general welfare of the Citizens
of the City of Anahefm.
5. That the granting of the Conditlonal Use Permit under the conditions
imposed, if any, wtll not be detrimentat to the peace, heatth, safety and genera)
welfare of the Cltizens of the Lity of Anaheim.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposttion to the subject
petition.
Et~VIRONMENTAL IMPACT FINOING: The Planning Dtrector or his authorized
representative has deter~ined that the proposed p~oJect falls withln the definttion
of Cate9oricai Exemptions, Class 1~ as defined tn Paragraph 2 of the City of Anaheim
Environmental Impact Report GuiJelines and is, therefore, categorically exelnpt from
the requirement to prepare an EIR.
NOW, THEP.EFOP,E~ BE IT RESOLVED that the An3he3m City Plannin9 CormnTssTon
does hereby gran[ subJect Pe[Ition for Londi[ional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite [o the proposed use
of the subJect property in order to preserve the safety and gcneral aelfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subJect property shall pay to the Ctty of Anaheim
the sum of three and one-hatf dollars (53.50) pcr front foot along Broadway for
street lightiny purposes.
2. That the owner(s) of subject property shall pay the traffic si9nal
assessment fee difference between industrial and commerctal use amounting to 5333.00
per 1000 square feet of bullding or frac[ion thereof.
3. That subJect proper[y shall be developed substantially tn accordance
with plans and specifications on file with the City of Anahetm marked Exhibit ~~os. i
and 2.
4. That Co~dition Nos. 1 and 2, above-mentioned, shall be complied with
wtthin a pertod of nt~iety (90) days from datc hereof, or such further time as the
Planning Carmission may grant.
BE IT FURTHER RESOLVED that the Anaheim CTty Plannfng Lannisslon does hereby
flnd and determine that the adoptTun of thTs Resolution ts ~xpressly predicated upon
applicant's compllance with each and all of the conditions hereTnabove set forih.
Should any conditTon or any par[ thereof, be declared invalid or unenforceable by the
final Judgment of any court of canpetent Jurisdictlon, then this Resolution, and any
approvals herein contalned~ shall be deemed null and vold,
-2- PC78-170
THE FOREGOING RESOLUTION is s(gned artd approved by me thls 17th day or July,
1978.
P/.~ ~~_ - ~ ~cti~ ---~
RHAN 0 EM ORE
ANAHElM CITY ?LANNING COHMISSION
ATTEST:
,, ~ ~CP~ i( it~..
~ CRETAR ~~~ANAHEI!1 C17Y LANNING COHM155104
STATE OF CALIFORNIA )
COUI~TY OF OP.ANGE ) ss.
CITY OF ANANEIN )
I, Edith L. Harris, Secretary of the Anaheim City Planning Comrnission, do
hereby certify that rhe foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 17, 1978. at 1:30 p.m.~by the
following vo[e of the members thereof:
AYES: COMMISSIONERS: BARNES, DAV10, KING, LINN, TOLAR
NOES: COMMISSIONERS: JOHNSOH
ABSE~~7: COMMISSIONERS: HERBST
IN WITKESS blHEREOF~ I have hereunto set my ha~d this 17th day of July, 1978.
~e~. ~ ,,,,_~
~ECRETARY, ANAHEIM LI~ PLANNING COMNISSION
-3- PC78-170