PC 79-45RESOLUTION N0. PC79-4$
A R[50LUT 101! OF THE ANAHE Ir1 C I TY PLANN I NG CO"1N I55 l0!i
THl~T PETITION FOR COt~DITIOtlAL USE PERMIT N~, 194q EE GP,ANTED, IN PAP,T
4111EREl1S, t`ie Anaheim City Planning Commission dtd recelve a verified
Petition for Condi[tonal Use Permlt from C. AtiTHOtJY A~l~ ESTNEf'. SILVA, 1557 Nest
Lincoln Avenue, Anaheim, Lalifornia, 92301, owners of certain real property situated
in the Cfty of Anaheim, County of Orange, State of California, descrtbed as:
PARCFL 1: The East 110.00 fect of the West 2~~.00 feet of that
portion of the Southeast quarter of the Sou[hwes[ quarter of
Sectior ?, Townshtp !i South, Ranne 1c1 West, in the Rancho San Juan
CaJon de Santa Ana, as shown on ~ Map recorded in BooG: 51, page i!1
of Piiscellaneous Maps, records of Or~nne County, California,
described as follor,s: Beglnn(nn at a point in the West line of
[he SoutheasL quarter of thc Southti•resi quarter af satd Section 4,
distant thcreon 22~ feet ~~ortli of [he Southwest corncr of said
Sou[heast quarter of thc SouthwesC ouarter; thence East oarallel
to the South line of said Section ~, 6~6,~5 feet; thence Nor[h
parallel [o [he West line of thc Southeas[ quartrr of thc
Sou[hwest quarter of Sectio~ 9 to a poin[ in the center line of
the o0 foot 5[ate Hi,hway, as conveyed to the Statc of California
by deed recorJed JanuarY ~7, 1°35 tr. boo~ 7~4, Pa9e 35~ o`
Official Records; thence Northwesterly alon~ Lhe Center line of
sald Sta[e Highriay [o i[s intcrsectlon wlth thc West llne of the
Southeast quar[er of thc Southwes[ quar[er of said Section ~;
thence South along said Wes[ line 1~P,,11 feet to [he ooint of
begtnning.
WHEREAS, the City Planning Commtssfon did hold a pufilic hearinq at the Ctty
Hall in the Ciiy of Anahein on February 7.E, 1Q79, a[ 1:3~ ~.n., notice of said public
hearing having 6een duly given as required by la~~ anci in accordance with the
provisions of the Anahcim Mu~ici~al C~dA, Ch~~ter 1?,^;, to !~ear and consider
evldence for and against safd oroposed conditional use and to tnvestigate and make
findings a~d recomnendations in connection therearith; and
41NfREAS, said Commissfon, after due insnec[ion, invr,stigation and study made
by itself and in tts hehalf, and after due consiJeration of all evicierce and reports
offcred at said heari~o~ does find and determine the Folloo~ing facts:
1. That the proposed use (s properly one for which a cond(tional use
permit is authorized by Anaheim Munlcioal Code Section 1°,q3.n3n.ot~ to wit: to
permit Che outdoor storage of new~ automobiles wi[h waivers of:
(a) SECTION 18.61,~63,011 - Mtnlmum setbacl:
5~ eet required;
none proposed
(b) SECTION 18,61.06f3.03~ - Requtred enclosure of ou[door uses.
(Effective view screenin requir~d;
none proposed
PC79-45
2. That the proposed use is 9ranted,
3. That the proposed waiver (a) (s hereby granted on the basis that strict
application of the zoning code depr(ves subJect property of privileges enJoyed by
other property under identical zoning classification in the vicinity.
4. That the proposed waiver (b) is hereby denied on the basis that there
are no special circumstances applicable [o the propertY, Including size, shape,
topography, location or surroundings, which do not apply to other property under
identical zoning cl~ssification in the vicinity and tha: approval would be
establishing an undesirable precedent.
5. Tha[ the proposed use, as granted, will not adversely affecc the
adJoining land uses and the gra~th and development of the area in which it is
proposed to be located,
6. That the stze and shape of the site proposed for thc use, as gran[ed,
is adequatc to allow [he full developmenc of the proposed use in a manner not
detrimental to Che pariicular area nor [o the peace, heolth, safety, and general
welfare of the Citizens of the City of Anaheim,
7. That [he Conditional Use Permit. as grar.ted, and under thc conditions
imposed, will not be detrimen[~l to the peace, health, safe[y and general welfare of
thc Litizens of the City of Anaheim.
S. That no one indicated thelr preser,ce at safd public hearing ln
opposition; and that no correspondence vras received in opposition to the subJec[
petitlon.
EIrVIROpMEt~TAI IMPACT FINDING: That [Fe Anaheim C1ty Pianning Commission has
reviewed the proposal to perm(t the outdoor storage of new autortabiles with oraivers
of required setback, and required enclosure of outdoor uses on a rectangularly_shaped
parcel of land consisting of approximately 0.3 acre, having a frontage of
approximately 110 feet on the south side of Manchester Avenue, having a maximum depth
of approxi~:iately iji feet and being located approxlmately 96 feet east of the
centerline of Loara Stree[; and does hereby approve the Negative Declarat}on from
the reouiremen[ to prepare an environmental impact reoort on the basis that there
would be no significant individuai or cumulative adverse environmental impact due to
the approval of this Negative Declaration since the Anaheim Ge~eral Plan designates
the subJect propcrty for general industrial land uses commensurate wieh the proposal;
[hat no sensi[ive environmental impac[s are involved in the proposal; ~hat the
Initial Study submi[ted by the petitioner indtca[es no signtficant individual or
cumulative adverse environmentai impacts; and that the Negative Declaration
substantlating the foregoing findings is on file in the City of Anaheim Planning
Department.
NOti, THEREFORE, BE IT RESOLVED that the Anahetm Ctty Planning Lommtsslon
does hereby grant, in part. subject Peti[fon for Conditional Use Permit, upon the
following condiYions which are hereby found to be a necessary prerequtsite to the
proposed use of th~ subJect property in order to preserve the safety and general
welfare of the Littzens of the City of Anaheim:
-2- PC79-45
1. That the owner(s) of subject property shall pay to the City of Anaheim
ihe sum of three and onc-hatf doilars ($3.50) per front foot along flanchester Avenue
for s[reet ilghting purposes.
2. That subJect property shall be developeJ substan[ially In accordance
with plans and spectfica[ions on file r~ith the City of Anahelm marked Exhibit tJo. 1,
3, 7ha[ Condition No. 1, above-mentioned~ shall be complied wlth prior to
the commencement of the activity authorized under this resolution, or prior to the
time ttiat the building permit is issued, or wlthin a period of one year from date
hereof, whlchever occurs first, or such further tine as the Planning Commisston may
grant.
4, That Condition Nos. 2, above-mentioned, shall bc complied with prlor to
final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim C(ty Plannin9 Commission does hereby
find and determine that adoption of thls P,esolution is expressly predicated upon
applicant's compliance wtth each and all of the conditions hereinabove set forth.
Should any such conditton, or any part thereof, be declared invalid or unenforceabie
by the final judgment of any court of competen[ jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOI~~G RESOLUTION is signed and approved by me this 26th day of
February, 1979.
.
M P, A AH ITY ~41taG COMMISSION
ATTEST:
~ ~. ~ ~,~.~..:..
SELRETl1RY, A4AIiEIM CITY PLf+NfllNf, COMMISSIO`I
STATE OF CALIFORNIA )
COUNTY ~F ORANGE ) ss.
C ITY OF ANANE I,"1 }
I, Edith L. Harris, Secretary of the Anahetm City Planning Commisslon, do
hereby cer[ify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Cortunission heid on February 2~. 1979, at 1:30 p.m., by the
following vote of the members thereof:
AYES: CO!~IMISSIONERS: BARNES, BUSHORE, DAVID, HERBST, JOHi~SON. KitlG, TOLAR
NOES: COMMISSIO~~ERS: NONE
ABSEt~T: COM1115510t~ER5: NONE
IN NiTtIESS NHEREOF, I have hereunto set my hand this 2bth day of Fabruary,
1979.
~~tt,~-1. ,Z.' Zl~,, ~.~.,
SECRETARY, ANAHEIM CITY PLANNING COMHISSION
-j- PC)9-45