PC 79-7RESOLUTION N0. PC79-7
A RESOLUTION OF THE ANAFIEIM CITY PLA4t~ING COMNISSION
TliAT PETITION FOR CONOITIONAL USE PERMIT N0. 192h BE GRA~~TED
WFIEREAS. the Anaheim City Planning Commission did receivc a verified
Petition for Conditional Use Permi[ from KENNETH KALLHAN. 1741 West Lincoln Avenue,
Anahelm, California, 92f301~ awner, of certaln real property situated (n the Cfty of
Anaheim. Louncy of Orange. State of California, described as:
Locs 4 and 5 of Tract No. 658, as per map recorded in book 20,
page 36 of Miscellaneous Maps in the office of the Lounty Recorder
of said Lounty. Except that portion thcrcof as granted to the
State of Laltfornla by deed recorded July 11. 1955 in book 3133,
paye 14 of Officlal Records.
1dFiEREAS~ the City Planning Cor.mission did hold a publtc hearing at [he Ci[y
Hall in the City of Anaheim on January 3, 1979, at 1:30 p.m „ no[ice of said public
hearin9 having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 16.n3, [o hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommenda[tons in connectlo~ therewith; and
bM EREAS, said Commission, after due inspection. Investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing. does find and determine the fotlowing facts:
1. That the proposed u~e is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sectton 18.03.030.010 to wit: to
permit an automobile upholstery shop in the LL Zone with a waiver of:
SECTION 18.44.066.050 - Mintmum number of arkinq s aces.
4 spaces required;
~ spaces exisiing)
2. That the proposed use is hereby granced for a period of one year,
subJect to review for possible extensions of ttme by the Planning Commisston upon
wr(tten request from the petitioner, and foliowtng a determinaxion by the Planning
Lommission that the use has not had a detrimentai effect on nearby uses because of
inadequate parking.
j, That the proposed walver is hereby granted on the basis that the nature
of the use does ~ot warrant the need for the required number of parking spaces and
denial would be deprivTng subJect property of a prfvilege bcing enJoyed by other
properttes in the same zone and vicinity.
4. That the proposed use o~ill not adversely affect the adJolning land uses
and the growth and devetopment of th.e orea in which (t ts proposed to be located.
PC79-7
5. That the slze and shape of the stte proposed for the use fs adequate to
allow the full development of the proposed use (n a manner not deCrimental to the
pariicular area nor to the peace, health~ safety, and general welfare of the Citizens
of the City of Anaheim.
6. That the granting of the Conditional Use Permtt under the canditions
imposed, If any~ witl not be detrimental to the peace, health, safety and general
welfare of the Cltizens of the City of Anahelm,
7. That no one indicated their presence at said publtc heartng in
opposltion; and Chat no correspondence was received i~ opposttion to [he subJect
petition.
ENVIRONMENTAL lMPACT FINDING: That the Anaheim City Planning Commtssion has
reviewed the proposa to perm t an auto upholstery shop with a waiver of minimum
number of parking spaces on a rectangularly-shaped parcel of land consisting of
approximately 0.~ acre, having a frontage of approximately 132 feet on the north side
of Lincoln Avenue, having a maximum depth of approximately 2?0 feet, being located
approxima[ely 522 feet west of the centerline of Eucitd Street; and does hereby
approve the Negative Declaration from the requirement to prepare an eniironmental
impact report an the basis that there would be no significant individual or
cumulative adverse environmental impact due to the approval of this kegative
Declaration since [he Anahetm General Plan designates the subject property for
general commercial and general industrlal la~d uses commensurate with the proposal;
that no sensi[ive envtronmental impacts arc fnvolved in the proposai; that the
I~itiai Study submitted by the pe[itioner tndica[es no significant individual or
cumulative adverse environmental tmpacts; and that the Negat(ve Declara[ion
substantiating [he foregoing findings Is on flie 1n the City of Anahelm Planning
Departmen[.
NON, THEREFORE, BE IT RESOL'IEO tha[ the Anahelm Cfty Flanntng Commisslon
does hereby grant subJect Petttion for Conditlonal Use Permtt. upon the following
conditions which are hereby found to be a necessary prerequlsite to the proposed use
of the subject property in order to preterve the syfety and ger,eral w~lfare of the
Cittzens of the City of Anahetm:
1. That street lighttng facillties along Lincoln Avenue shal) be instalied
prior to the final building and zoning inspections unless oihcrHise approved by the
Director of Public Utilitfes, and Tn accordance with standard speclflcations on flle
tn the Office of the Oirec[or of Public Ucilities; and/or thac a bond, certiftcate of
deposlt, letter of credtt, or cash, in an amount and form satisfactory co the Clty of
Anaheim shall be posted with the City to guarantee that the above Improvements will
be Instalied prior [o occupancy.
2. That the proposed au[o uphols[ery shop shall comply with ali signi~g
requirements of ihc CG (Commerclal, General) 2one.
3. That the owner(s) of subJect property shali submit a letter requesting
the terminatlon of Conditional Usc Permit No. 1878.
4. That subJect property shall be developed substantially in accordance
wlth plans and specifications on flle with the Ctty of Anaheim marked Exhibit Nos. 1
through 5,
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5. That Condition Nas. 1 and 3. above-mentloned, shall he complied with
prtor to the commencement of [he activity authorized under thls resolution~ or prior
to the time that the bullding permit ts tssued, or within a perlod of o~~e year fran
date hereof, whichever occurs ftrst, or such further tlme as the Planning Commission
may grant.
6, That Condition No. 4, above-mentioned, shall be complied with prior to
fina~ '~~ilding and zoning inspections.
7. That the use is hereby granted for a perlod of one year, subJect to
review for possible extensions of time by the Planning Commission upon Written
request from the petiitoncr and following deLerminatton by the Planning Commission
that the use has not resulted in inadeaquate parking on the sub)ect property.
BE IT FURTHER RESOLVED thai the Anaheim City Planning Commissian does hereby
find and determine that the adoptlon of this Resolution Is cxpressly predicated upon
applicant's compliance wTth each and all nf the conditions he~einabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any couri of competent Jurisdtction, then this Resolution. and any
approvals herein contained, shatl be deemed null and void.
THE FOREGOING RESOLUTION is stgned and approved by me [his 3rd day of
January. 1979•
~~~ /~. ,~4a,,...w
CHAIRMAN RO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~ ~ ~~
~ECRETARY~ ANAHEIM CITY LANNINS COMHIS510N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris. Secretary af the Anaheim CTty Pla~ning Commisslon~ do
hereby cer[Ify that the foregoing resolution was passed and adopted at a meeting of
the Anahetm City Planning Commisslon held on January 3~ 1979. at 1:30 p.m „ by the
foilowing vote of the members thereof:
AYES: COMMISSIONERS: BARNES. DAVIO, JOHNSON, KING. TOLAR
NOES: LOMMISSIONERS: BUSHORE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF~ 1 have hereunto set my hand this 3rd day of January, 1979.
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