PC 79-231~. 1
RESOLUTION N0. PC79-231
A RESOLUTION OF YH[ ANAHEIM CITY PLA!lt~ING CONMISSI~JN
THAT PETITION FOR CONDITIOhiAL USE PERMIT N0. 2042 BE GRANTEO
WHEREAS, the Anaheim CI[y Planni~9 Commtsston did receive a vcrif!ed
Petitlon for Condlttonal Use Permii from DICO COMPANY, INC., P. 0. Box 1344, Des
Molnes, lowa 50305, owner, and r2EX T. BURGUS, 323 East Ball Road, Anaheim, Callfornia
92305, agen[, of ccrtain real property situated tn the City of Anaheim, Cour.ty of
Orange. State of California, described as:
THAT PORTIOF: dF LOT 25 Of AF7ANEiM EXTE~~SION, IN THE CITY OF
ANAf1EtM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOW~! ON A MAP
TfiEREOF MADE BY NILLIAH HAHEL AND FILED FOR RELORD IN THE OFFILE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFOP.NIA,
DESCRIBED AS FOLLONS: BEGINNINC AT THE INTERSECTIO~! OF TtiE SOUTH
LINE OF SAID LOT 25 AND THE IJEST LINE OF THE SOUTHERN PACIFIC
RAILROAD CONPANY'S RIGHT OF WAY; TNENCE SOUTH 89~ 53' 45" WEST
297.00 FEET ALONG SAID SOUTH LIFIE OF LOT 25; THENCE t~ORTN 0° 06'
15" NEST 348.66 FEET; THENLE ~~ORTH 74~ 30' 00" EAST 193.78 FEET TO
SAID WEST LINE OF THE SOUTNERt~ PACIFIL RAILROAD LQMPAF;Y'S RIGHT OF
WAY; THENGE SOUTH 15° 30' 00" EAST 415.00 FEET ALONG SAID WEST
LINE, TO THE POINT OF BEGINNI~7G. EXCEPT TfiE SOUTIIERLY 50.00 FEET
LYING L(ITHIN BAl.L ROAD.
NHEREAS, the Ltty P)anning Cortrrstssion did hold a public hearing at :he Ctty
Hall in the City of Anahelm on Oecember 3, 1979. at 1:30 p.m., nottce of said publfc
hearing having been duly given as requlred by law and in accardance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and conslder
evldence for and against said proposed condttional use permit and [o i~vestlgate and
make findings and recomme~dations in connection therewith; and
WHEREAS, said Commisston, after due inspection, investigation and study made
by ftself and in its behalf, and after dvc consldcratlon of a1; evidertce and reports
offered at said hearing, docs find and determine the following facts:
1. That the proposed use is properiy one for which a cond;[tonal use
permit is authortzed by A~ahefm Muntcipal Code Section 18.03.03Q ~10 to wtt: to
retain retall sales in the ML (industrtal, Llmlted) Zune with waivf- of:
SECTION 18.61.063.011 - Minimum landsca ed tront setback.
10 eet requ re ;
none proposed)
2. That the proposed use is hereby granted for r.hts retail sale of
recrcatlonal vehicle-related items on the basis that the petitioner sttpulated that
anly 10$ of the business conslsts of retaii salcs.
3. That the requested waiver is hereby granted on the basis that the truck
scale located in the front setback has been in exlstence since prior ta adoptton of
the City ardinances requiring minimum landscaped front setbacks.
PC79-231
r'
4. That Che proposed usc will not adversely affect the adJolntng iend uses
and the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrtmen[al to the
particular area nor to the peace, health, safety, and general welfare of the Citlzens
of the Ctty of Anahetm.
6. That the granting of the Conditlonal Use Permit under the condttions
imposed~ tf any, wtlt not be detrlmental to the peace, health, safety and general
welfare of the Citlzens of thc City of Anaheim.
7. That the traffic generated by the proposed use will not Impose an undue
burden upon the streets and highways desfgned and inproved to carry the Lr~ffic in
the area.
8. That no one indfcated their presence a[ said public heari~g in
opposition; and that no correspondence was received in oppositton to Che subJect
petition.
ENVIRONMENTAL IyPACT FINDING: That the Anaheim Ctty Planntng Commission has
reviewed the proposa to retain retail sales In the yL (Industrtal, Linited) Zone
with a watver of m(nimum landscaped front setback on an trregularly-sf~ape~ parcel of
land consisting of approximately 1.24 acres, havtng a fron[age of approximately 284
Feet on the narth stde of Ball Road, having a maximum depth of approxtmately 360 feet
and betng located approxlmately 475 feet east of the centerltne of Claudina Place;
and does hereby app~ove the Negattve DeclaratEon from the requtrement to prepare an
environmental impact report on the basis that there would be no significanc
lndividual or cumulattve adverse environmental Impact due to the approval of this
Ne9ative Declaratlon since the Anaheim General Plan deslgna[es the subJect property
for general industrtal land uses commensurate with the proposal; that no sens(tive
environmental Impacts are involved fn the pro~osal; that thc Initlal Study submitted
by the petitloner indicates no signTficant individual or cumulative adverse
environmental impacts; and that the Neaative ~eclaratJon sabsLanLtaiing the foregoing
flndtngs Is on file In the Clty of Anaheim Plannir~g Department.
NOw, THEREFORF, BE IT RESOLVED that the Anaheim City Planning Comm(ssTon
does hereby grant subJec[ Petition for Condittonal Use Permit, upon the foilowing
conditions wiiich are hereby found to be a necessary prerequisite to the proposed use
of the subJect property In order to preserve the safety and general weifare of the
Cltizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay to the Clty of Anahelm
a fee, ln an amount as determtned by the City Counctl, for street ltghtinq along Ball
Road.
2. That the exTstTng manufacturing and sales facility shall comply wtth
all slgning requTrements of the HL (Industrlal, Limited) Zone.
3. That subJect property shall be developed substanttally In accordance
with plans and speclficatTons on file ~ICh the City of Anahelm marked Exhlbit No. 1.
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tj
4. That Conditlon No. i, above-mentioned, shalt be complied with wtthin a
period of sixty (60) days from the date hereof, or such further tTme as the Planntng
Commission may gran[.
BE IT FURTHER RESOIVED tnot the Anaheim City Planning Lommisslon doss hereby
find and determine that adoptlon of thls Resolutton is expressly predicated upon
applicant's compltance with each and alt of the conditlons herelnabove set forth.
Should any such conditlon, or any part thereof, be declared Invaltd or unenforceable
by the final judgmen[ of any court of competen[ Jurisdictlon, then this Resolution.
and any approvals heretn containr.d, shatl be deemed null and void.
THE FOREGOI~aG RESOLUTION fs s(gned and approved by me this 3rd day of
December, 1979. +
C~Ca~-~- ~°. .~su....~~
CHA~R N, NAHE~M I LANNIN COMMI$$ ON
ATTEST:
`~~! .~° `,~
SECRETA~Y~ ANAHEIM LITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, Edtth L. Harris, Secre[ary of the Anaheim Citv Planning Commtsslon. do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commisslon hcld on December 3. 1979, by :he foitowing vote
of the members thereof:
AYES: COMMISSIONERS: BARNES~ BUSHORE. DAVID. FRY, HERBST, KING~ TOLAR
NOES: COMMISSlONERS: I~ONE
ABSENT: COMMISSIONERS: NOHE
1~79.
IN WITNE55 WHEREOF. I have hereunto set my hand this 3rd day of December,
~~. ~.° A! ~,,.ul
SECRE~ARY, ANAHEIM C LAtlstlNG COMMI55~
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