PC 79-237RESOLUTION N0. PC79-237
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2045 BE GRANTED
WHEREAS, the Anaheim City Planning Commissio~ did receive a verified Petition
for Conditional Use Permi[ from IRA L. NEWMAN AND PATRICIA A. NEWMAN, 1505 North
State College Boulevard, Anaheim, California, owner of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
THE SOUTHERLY 200.00 FEET OF THE EASTERLY 203.00 FEET OF LOT 3 OF GOLDEN
STATE TRACT N0. 2, AS PER MAP RECORDED IN BOOK 4, PAGE 68 OF MISLELLANEOUS
MAPS, IN THE OFFILE OF THE LOUNTY RECORDER OF SAID COUNTY. EXCEPT THAT
PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: Bi:GINNING
AT THE SOUTHEASTERLY CORNER OF SAID LOT 3, THE EASTERLY LINE OF SAID LOT
BEING THE CENTER LINE OF STATE COLLEGE BOULEVARD (FORMERLY CYPRESS 57REET),
60.00 FEET WIDE, SHOWN ON ~AI~ MAP AS AN UNNAMEO STREET ALONG THE EASTERLY
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SIDE OF SAID LOT; THENCE NORT4 0 DEGREES 00 50 EAST 85.45 fEET ALONG SAID
CENTER LINE: THENCE NORTH 89 DEGREES 59' 10" WEST 30.00 FEET: THENGE SOUTH
4~ DEGREES 27' 07" WEST 4y.09 FEET: TNENCE NORTN 89 DEGREES 04' S7" WEST
>96.27 FEET PARALLEL WlTH THE SOU7HERLY IINE OF SAID LOT: THENCE SOUTH 0
DEGREES OS' 29" %~E57 50.01 FEET TO SAID SOU'fHERLY LINE: THENCE SOUTH 89
DEGREES 04' S7" EAST 661.33 FEET TO THE POINT OF B~INNING. AL50 EXCEPT
THE EASTERLY 30.00 FEET THEREOF.
WHEREAS, the Lity Planning Commission did hold a public hearing at [he City
Hall in the City of Anaheim on December 17, 1979, 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 conditionai use permit and to investigate
and rrta{:e findings ared recona'~endations in connection therewith; and
WHEREAS, said Commission, after due inspection, investiga[ion and study made
by i2self and in its b:h,if, and after due consideration of all evidence and reports
offered at said heari~_;. ~oes find and determine the following facts:
1. That T!~e proposed use is properly one for which a conditional use permit
is authorized by Anaheim Municipal Code Section 18.61.050.055 [o wit: to permit
expansion of an existing service sCation with waiver of the following:
SECTION 18.87.G30.072 - Re uired landsca in .
In[erior site screening req~ired;
none proposed)
2. That the requested waiver is hereby granted on the basis xhat the building
will be located abutting the property line and landscaping would provide no visual
barrier to adjacent industrial properties.
PC79-237
3, That [he proposed use is he~'eby granted for a period of one year after
commencement of construction, subject to review at the end of that period to
determine wh~[her or not the most easterly driveway on Via Burton Street has caused
any traffic hazards and to determine whether or no[ said driveway should be closed.
4. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed t~ be located.
5. That the size and shape of the site proposed for the use is adequa[e
to allow the full development of the proposed use in a manner not detrimental
to the particular area nor to the peace, health, safe[y,arid general welfare of
the Cifizens of the City of Anaheim.
6, That thW19~~notnbe~detrimentaltton[heupeace,mhealthersafety nand'general
imposed, if any,
welfare of the Citize~s of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improvedto carry the traffic in
the area.
$, That no one indicated tl:cir presence at said public liearing ~n opposition;
and [i?at no correspondence was received in opposition to the subject petition.
ENVIROM1MENTAL IMPALT fINDING: TF~at the Anaheim Ci[y Plarnin9 Cormiission has
revie~ed the proposal to permiC the expansion of an existing service sta[ion with a
waiver of required landscaping on a rectangularly-shaped parcel of land co~sisting
of approximately 0.36 acre located a[ the northwest corner of Via Burton Street and
State College Boulevard, having a frontage of approximatety 125 feet on [he north
side of Via Burton Street and a Trontage of 125 feet on the west s6de of State College
Boulevard; and does hereby approve the Negative Declaration from the requirement
to prepare an environmental impact report on the basis that there would be no signi-
ficant individual or cumulative adverse environmental impact due to the approval
of this Negative Declaration since the Anahetm Generat F1an deslgnates *_he subject
property for general industrial land uses commensurate with the proposal; that no
sensitive environmental impac[s are involved in the proposai; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative adverse
environme~tal impacts; and that the Negative Declarati~n substantiatin9 the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT kE50LVED that the Anaheim City Planning Cortmission does
hereby grant subject Petition for Conditional Use Permii, upon the followin~ con-
diti,ons which are hereby faund to be a necessary prerequisite to the proposed use
of the subjec[ proper[y in order to preserve the safety and yeneral weifare of the
citizens of the Cityuf Anaheim:
~, That i~ accordance w:th the provisions of Municipal Code Secti~~n
18.61.05~•055, Petitioner shall submit a written agreement to ttie Planning Depart-
ment and apqroved by the City Attorney to remove thc new structure (as shown on
Exhibit No. 1) in the event that subject service s[ation is closed for a period
of twelve ~12) consecutive mortths.
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2, That the proposed service station addition shall comply with ali signing
requirements of the ML zone.
3, ?hat the subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
y, That Condition Nos. 1, 2 b 3, above-mentioned, sh~~)1 be complied with
prior to final building a~d zoning inspections.
5, That [he proposed use is hereby granted for a period of one year after
commencement of cons[ruction, in order to determine whether or not the most easteriy
driveway on Via Burton has resulted in hazardous traffic conditions and to determine
whet~er or not said driveway should, therefore, be closed.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cormiission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
aPPlicant's compiiance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be deciared invalid ~r unenforceable
bY [he final judgment of any court of competent }urisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day of
December, 1979.
C~ .~.__, P ~_ .-~ --
CHAIRWOMAN, ANAHEIH TTY PLANNING COMMISSION
ATTEST:
d~/ ~~'~/'' ~ JJ~K~t~t~~
SECRETARY,ANAHEIM GITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUN?Y OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Cort+mfssion, do
hereby certify tfiai [he foregoinq resolution was passed and adopted at a meeting
of the Anaheim Gity Planning Commission held on Qecember 17, t979, by ihe following
vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, H[RBST, KING
NOES: COMMISSIONERS: NONF
RBSENT: COMMISSIONERS: TOLAR
1979.
~N WITNESS WHEREOF, I have hereunto set my hand this 17th day of December,
SECRE'iAR~AH~ CITY PLANNING COMMISSION
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