PC 79-218~
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RESOLUTION N0, PC79~218
A RESOLUTION OF THE ANAHEIM CITY PLANNING COHMISStON
THAT PETITION FOR CONDITIONAL USE PERMIT H0. 2029 BE GRANTED
HHEREAS. the AnaheTm City PlannTng Lortmisslon dTd receive a vertfied
Petitton for Cnnditfc~al Use Permit from MOHAMAO A, OARKHOR, HASOU~ DARKHOR~ SAEED
DARKHOR, AND AHMAD GHAREBAGHI. 7;90 Kite Drive. Anaheim~ CaltfornTa 92807~ owners,
and JOSEPH J. THORMAt~, 17851 Skypark Lircie, lrvTne~ Califor~ta 92714, agent, of
certain real property situated in the Ltty of Anahe(m, County of Orange, State of
Californla~ described as:
LOTS 5~ 6, 7 AND 8 IN BLOCK B OF 7HE ZEYN TRACT A~INEX. IN THE CITY
OF ANAliE1H, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS FER MAP
RECORDED It~ BOOK 7 PAGE 5 OF HISCELLANEOUS MAPS~ It! THE OFFICE OF
THE COUNTY R:CORDER OF SAID COUNTY.
FMEREAS~ the City Planning Commtssion did schedule a publTc hearing at the
City Hall in the City of Anaheim on October 22. 1979. at 1:30 p.m., nottce of saTd
public hearing havTng been duly given as required by law and in accordance with the
pravfisians of the AnsheEr.s Y,uniclpal Cade. Ctsapter 19.Q3. to hear and corsslder
evidence for and against said proposed reclassif(cation and [o l~vestigate and make
findings and recrnmendatio~s Tn connectton therewtth; said publTc hearing having been
continued to the Planning Commission net[ing of November 5, 1979; and
NHEREAS, sald Commlssion after duc inspcction~ investigation and study made
by itself and In its befialf, and after due consTderation of ~11 evTdence and ~eports
offered at said hearing, does find and dctcrminc the follorring facts:
1. That the proposed use Is properly one for whtch a conditional use
pc mIt Is auihor~zcd ~y Rna~cirr!!nntci~ai Cade Sact}on 1R.+~5.0~^.~64 Lo r~Ii: to
permit an automobile sales agency.
2, That the proposed use is hereby granted for a 5'Year period of time~
subJect to review for possibie extenstons by che PlannTng Cammissien, subJect to the
follorring sttpuatlons made by thc petTtioncr at the public hearing:
a. That there shall be no test drlving of vehTcles on the nearby
residentTal strects and that all empioyces who accompany test drives
shall be informed of this restrTccTon.
b. That there shalf be no outdoor sound systen for pagTng employecs or
customers or for broadcasting music.
c. That there shall be no automobile repair~ body rrork or patnting
conducted ac this locatTon.
d. That a ftve (5) foot wide planter shali be constructed adJacent to
Anaheim Boulevard and 41i1he1mina Street; that saTd planters shall be
landscaped~ sprTnklared and pcrrru~ncntly maintained, a~d that the
PC79-218
landscapinq plans shal) be approved by the Planning Department prtor to
installation.
e. That the owner of subJect property shal) dedtcate to the City of
Anaheim a strip of land 10 feet in width from the cen[crlTne of the
alley for alley widenfng purposes.
f. That the business hours shall be no later than 9:00 o'clock p.m.
3. That thc proposed use wlil not adversely affect the adJoTning land uses
and the growth and developmen[ of the area in which It ts proposed to be located.
k, 7hat the sTze and shape of the site proposed for the use is adequate to
allow [he full development of the proposed use tn a manner not detrimen[al to the
particular area nor to the peace. health. safety. and general welfare of the Citizens
of the City of Anaheim.
5. That the grant(ng of the Conditional Use Permit under the conditions
Tmposed~ (f any, wtil not be decrimental to the peace, health, safety and general
Nelfare of the Citizens of the Ctty of Anahcim.
6. That the traffic aenerated by the proposed usn xtll not impose an unduc
burden upon the streets and htgh-aays desfgned rand improved to carry the traffic Tn
the area.
7. That 4 persons indicated their presence at saTd public hearing Tn
opposition; and a petition containtng 40 signatures was presented Tn opposition; and
that no correspondence rw s received tn oppositton to the subject peti[ion.
ENVIRONMENTAL IMPACT FIt~DINC: That the Anaheim CTty Planning Commtsston has
revtewed the proposa to permit an automobile sales agency on a rectangularly-shaped
parcel of land consts[ing of approztmat~ly 0.6 acre locattd at the souihwest cerner
of Wtlhelmtna Street and Anaheim Boulevard~ having frontages of approximately 115
feet on the south slde of Wilhelmina Street and 200 feet on the west side of Anaheim
Boulevard; and does hereby approve the Negative Declaration from the requtrement to
prepare an environmental impact report on the basis that thcre would be no
stgnTficant fndividual or cumulatTve adverse envlronmental impact due [o the approval
of thls Negacive Oeclaration stnce che AnaheTm General Plan designates the subJect
property for general commercial land uses commensurate wTth the proposai; that no
sensTttve environmental impacts are Involved !n the proposal; that the InltTal Study
submltted by the petitloner (ndicates no signfflcant indivtdual or cumulative
adverse environmental tmpacts; and that the Negattve Declaration substantiating the
foregotng ftndings ts on file tn the City of Anaheim Planning Department.
NOW~ THEREFORE. DE IT RESOLVED that the Anaheim City Planning Commission
does hcreby grant subJect Petitton for Conditio~al Use Permtc~ upon the fotlowtng
condttions which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property in order to preserve the safety and general welfare of the
Citizens of [he City of Anahelm:
i. That the owner(s) of subJect property shall decd to the CTty of Anahcim
a strlp of land 40 feet in Nidth from the centerline of the street along AnaheTm
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iioulevard for street widening purposes; and a strlp of land ten (10) feet in width
from the centerline of the alley for alley wldening purposes.
2, That trash storage areas shall be provided tn accordance wTth approved
plans on file atth the Office of the Executive Director of Public uorks.
3, That subJect property shall bc served by underground utilitles.
4, 7hat a bond in an amount and fo~m satisfactory to the City of Anaheim
shall be posted vrlth the City to 9uarantee the ins;allation of a 6-foot htgh masonry
Nall with solid wooden gatcs along the west property line.
5, That drainage of suhJect property shall be disposed of in a manner
satTsfactory to the CTty Eng(neer.
6, That the owner(s) of subJect propcrty shatl submit a letter requesting
the term(nation of Variance No. 124 by the City Council.
7, That the proposed automobile sales agency shall comply wtth al) sig~Tng
require~nents of the CG (Commerclal, General) Zone.
8. That a~Y parking area lighting proposed shall be down~~9hLhe9 hro,erty
maximum hefght of 12 feet, which lighting shall be dtrectcd aNay P P
lines to protect the residential uses in the area.
9, That subJect property shall be developed substanttally Tn accordance
Nith plans and sp~~ifications on file with the City of Anahcim marked Exhibit :~lus. 1
and 2; provided, however, that five (5) foot wide lands.apcd planters shall be
Installed aJJacent to Anaheim Boulevard and utihelmfna Screet. that said landscaping
shall be sprlnklered and permanently maintained, and that Lhc landscaping plan shall
be approved by the P~anntng Depar[mer.t prior to installation.
tp, 7hat Candi[ton ?tos. t and 6. abovc-mentioned, shall be comotted with
prTor to the co~m~encement of the activity authorized under thTs resolution. or prior
to ihe time that Lhe bullding permlt Is issued, or within a pertod of one year from
date hereof, whtchever xcurs first, or such further tlme as the PlannTng Commission
may grant.
il, That CondltTon Nos. 2~ 3, 4. 5. 7. 8 anci 9~ above-mentToned, shatl be
complied with prior to fTnal bullding and zonTng lnspecttons.
12, That there shall be no test drTving of vehicles on nearby resldential
streets and that all employees shall be so Tnformed.
13, That there shatl be Iid outdoor sound system for paging employees ar
customers or for broadcasting music.
i4, That the business hours shall be no later than 9~00 o'ctock p.m.
15, That this use ,~ approved for a period of fTve (5) years after whtch
tTme extensions may bc granted by the Planning Commission upon written request by the
applicant if it is determined that the use has not had an adverse impact on the
surrounding area.
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BE IT FURTHER RESOLVED that the AnaheTm Cfty Planntng CommissJon does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditlons hereinabove set forth.
Should any such condition~ or any part Chereof~ be declared invalid or unenforceabte
by the final judgment of any court of competent Jurlsdtction, then this Resolution~
and any app~ovals herein con[ained, shall be deemed null and vold.
TNE FOREGOING RESOLU710N is stgned and approved by me [his Sth day of
November, 1979.
~'~.~a~. ~~~.~..~
CHAIRMAN~ ANAHEIM CITY PLANNING GOHMI5510~1
ATTEST:
'~ ~.~,c~. ~, 1~.,,,:.
SECRETARY, ANAHEIM CITY PLANNING COMMISS~ON
STATE OF CALIFORNIA )
COUN7Y Of ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim C(cy Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
[he Anaheim City Planning La~mission held on Novembcr 5, 1979. by the following vote
of the members thereof:
AYES: COHMISSIONERS: BARNES~ BUSHOfiE~ DAVID. FRY~ HEFIBST. KING
NOES: COMM15510NER5: NONE
ABSENT: COMHISSIONERS: TOLAR
1979
IN WITNESS WHEREOF~ ~ have hereunto set my ha~d thts Sth day of November~
(~~~ ~it.t.+,.,..
SEGRETAR`T~ ANAHEIM CI Y LANNI~lG COMMISSION
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