Loading...
PC 80-171~.,~_> RESOLUTION P10. PC80-171 ti RESOLUTIOfI Of THE ADIAHEIM CITY PLAMNING C011NISSION TffAT PETITIO!! FOR COPJDITIONAL USE PERMIT N0. 211lF f3E GRAtlTE(1 WHEREAS, the Anaheim City Planning Commission did receive a verifTed Petition for Conditional Use Permit fr~m PfiILIP J. SCHUMAY.ER AND ESTHER E. SCIIUPIAKER, 810 Jade Way~ Anaheim, California, °2805, owners, and BOBBY J. PETERS, 2414 East La Palma Avenue, Anaheim~ California 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, descrihed as: LOT 5 IM BLOCK 4 OF TRACT P~0 OF ORANGE~ STATE OF CALIFOR~IIA PAGE 50, MISCELLANEOUS MAPS, OF SAID COUNTY, .304, IN THE CITY OF ANAHEIM, COUMTY AS PER MAP RECORDED IP! BOOK 14, 1P! THE OFFICE OF THE COUIJTY R[CORDER WHERE~S, the Clty Planning Commission did hold a puhlic hearing at the Civic Center in tne City o~` Ar~aheim on October 6, 1~II0, at 1:30 p.m „ notice of said public hearing having been duly given as required by la~~~ and in accordance with the provisions of the Ana~heim Pfunicipal Code, Chapter 1$.03, to hear and consider evidence for and aga'i~;~: said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and 41HEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration oF all evidence and renorts offered at said hearing, does find and determine the following facts: 1. Tha t the propcs~d use i s proper 1 y ane `or e,~l; i ch a cond i t tona 1 use permit is authorized by Anaheim Municipal Code Section 1£.03.~3~.~1~ to wit: to retain an automotiv~ body shon in the CG (Canmercial, General) Zone ~aith a waiver of: SECT(Ot•! 1?3.06.060.022 - Minimum number of parking s aces. 11 spaces required; 1 space existing) 2. That the proposed use is hereby granted for a period of one (1) year, subject to review and approval of extensions of time by the Planning Commission if it is determined there have been no adverse impacts such as noise or dust on adjacent businesses. 3. That the requested waiver is hereby granted on the hasis that the existing automotive use is simtlar to other automotlve uses along Anaheim Boulevard which have similir parl;~ ig situations. PC80-171 4. That the existing use is hereby granted on the following basis: (a) That there shall be no outdoor storage ~f any F:ind. (b) That the petitioner stipulated that one of the two twenty- foot high doors shall be kept closed during any times a~hen nolsy activities such as sanding are taking place inside the building in order to mitigate noise and dust problems for adjacent businesses. (c) That there shall be no spray painting conducted outside the building. 5.. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in a~htch it is proposed to be located. 6, That the size and shape of the site proposed fo~ the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general a~elfare of the Citizens of the City of Anaheim. 7. That the gr~nting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of A~aheim. a. That the traffic generated by the proposed use ~•~ill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That one person indicated their presence at said public hearing in oppositton; and that no correspondence was received in opposttion to the subject petition. ENVIRONMENTAL IMPACT FINDIPJG: That the Anaheim City Planni~a Commiscion has reviewed the proposat to retain an automotive body shop in the CG (Commercial, General) Zone with a weiver of minimum number of parking spaces on a rectangularly- shaped parcel of land consisting of approximately 532~ square feet, having a frontage of approximately 50 feet on the east side of Anz~heim Boulevard, having a maximum depth of approximateiy 110 fe~:t and being located approximately 240 feet north of the centerline of Mills Drive; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no :;3gnificant individual or cumulative adverse environmental tmpact due `o the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for generai commercial land uses comnensurate with the proposal; that no sensitive environmental imp:icts are involved in the proposal; that the Initial Study submitted 6y the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substanttating the foregeing findings is on file in the City of Anaheim Planning Department. NObI, TNEREFORE~ DE IT RESOLVED that the Anaheim City Planning Commission does hereby grant suhject Petition for Conditional Us~ Permit, upon the follov~ing -2- PC&~)-171 conditions which are herehy found to be a necessary prerequtsite to the proposed use of the subject pruperty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. Z. That subject property shall be developed substantially in accor•dance with plans and specifications on file with the City of Anaheim marked Exhibit tJo. t, 3. That Condition t~os. 1 and 2, above-mentioned, shall be completed within a period of g0 days~ or such further time as the Planning Commission may wish to grant. 4. That the proposed use is granted for a period of one (t) ye~r subject to possible extenstons of tlme if tfie Planning Commission determines the use has not caused any adverse noise or dust probiems foradjacent busfnesses. The petltioner shall make a written request to the Commission~ requesting such revfe~r and approval. 5. That there shall be no outdoor storage of any kind. 6. That there shall be no spray painr?ng conducted outside the building. 7. That one af the t~ao twenty-foot (20) high doors shall be kept closed during any times when noisy activities such as sanding are taking place inside the building in order to mitigate noise and dust problems for adjacent businesses. BE IT FURTfiER RESOLVED that the Anaheim City Planning Commisslon does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceab)e by the final judgment of any court of competent jurisdiction, then thi; °esolution, and any approvats herein contained, shall he deemed null and void, THE FOREGOING RESOL!1TION is signed and approved by me th(s Fth day of October, 1980, ~.~.~~z~~ o~'~ ~~,.~ ~ CNAIRFtAM PRO TEMPORE ATTEST: ANAHEIM CITY PLAMNING fOMMIS510~J ~i~~ •~° ~~Y~/LJI.t.~ SECP,ETARY, ANAHEIM CITY PLANNING COM111SS10"I -3 PC80-17t ~' „•. ~: , STATE OF CALIFORNIA ) COUNTY OF ORAtJGE ) ss. C ITY OF ANAFIE Iht ) I~ Edith L. Harris, Secretary of the Anaheim City Planning Commissiun, do hereby certify that the forego(ng resolution a~as passed and adopted at a meeting of the Anaheim City Planning Commission held on October G, 198~, at 1:3~7 p.m.,by the following vote of the members there~f: AYES: CGPIMISSIONERS: BARNES~ BOUAS, BUSHORE, FRY, HERDST, KING NOES: COMMISSIONERS: NONE ABSEIdT: COMMlSSIOPlERS: TOLAR !N WITNESS WHEREOF, I have hereunto set my hand this 6th day of October~ 1980. ~ ~ .~ ., ., • SECRETARY, AFIAHEIM CITY PLAPININC, COMMISSION -4- Pc8o-~71