PC 80-238~
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RESOLUTION N0. PC8Q-23R
A RESOLUTI~PI OF THE ANAHEIM CiTY PLA~INIh-G COMNISSI~M
THAT PETITIOPJ FOR COPlDITIONAL USE PERMIT N0. 2151 BE GRAPlTED
WNEREAS, the Anaheim City Planning Commission did receive a vertfied
Petttion for Condttional Use Permit from AftEL ME~~DE7. APID CAROL A. MENDEZ, 100~~ North
Lemon Street. Anaheim, Caltfornia, 92d~5, owners, and HUMBERTO VILL.ASEPJOR~ 713 West
Fourth Street 1/4, ~a Habra, California 9063i, agent. of certain real property
situated in the City of Anaheim, County of Orange~ State of Californfa, described as:
That portlon of Lots !E through 8 inclusive, of the Babinqer
Subdivislon, tn the City of Anaheim, County of Orange, State of
California, as per map recorded in book 7~ paae 23, Miscellaneous
Maps~ tn the office of the county recorder of said county~ lyina
Westerly of the folla.~tng described line: Commencinq at a point
in the South ]Tne of Lot 1 Easterly thereon 1~,69 feet from the
Southwest corner of said Lot 1, satd ooint being Tn the Westerly
line of Zeyn Street as conveyed to the City of Anahetm by deed
recorded March 1~ 1924, in book 512~ page 257, of Deeds, records
of said Orange County; thcrtce South °~° 35' West atong the
Southerly line of Lots 1, 2~ 3. 4 and 5 of said suhdivision,
170.95 feet to the true point of beginning of the aforementtoned
line; thence North 0° 23' West R0.00 feet; thence North 2F° 37'
East 38.9$ feet~ more or less, to the Northeasterly line of said
subdivision. EXCEPTIN, THEREFROM that portton in Los Anqeles
Street, now Anaheim Boulevard, described as Parcel 2 t~ the deed
of the City of Anaheim~ recorded May 11, 1934. in hook 67F~ p~9e
1, of Off(cial Records, Orange CountY. ALSO EXCEPTINR THFREFROM
that portion in Lemon Street as dPSGrihed in Parcp)e ~~nd ?~c
the Finai Judgement of the Superior Court of the State of
California in and for the County of Orange. in Actlon Mo, 23578 as
recorded in book 325. page 2.41~ Official Records~ of said Orange
County.
7~HEREAS, the City PlannTng Commission did hold a oublic hearing at the Civic
Center in the ,.ity of Anahefm on December iS~ 1Q80, at 1:;0 p,m,~ notice of said
public hearing havtng been duly given as required by law and in accordance with the
provTsions of the Anaheim Municipal Code, Chapter 1?,03~ to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and reccxnmendations in connection therearith; and
WHEREAS, said Commission, after due inspection. investigatlon and study made
by ttself and in its behatf~ and after due consideration of all evidence and reports
offered at said hearing. does find and determtne the followinq facts:
PC8o-238
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1. That the proposed use is properly one for which a conditional use
pcra~~~~ is authorized by Anaheim Nuntcipal Code Section iR.lt5.~5~•~~~ to M/~L: to
permit a used automobile sales lot with v~aiver of:
SECTIOtJ tII.06.~60.Q22 - Minimum number of parkina spaces.
5 s~aces required;
spaces pronose~)
2. That the proposed use is herehy nranted for a period of five (5) Years
subject to revieoi at that time by the Plannino Commission for possible extension of
time, Sald review w(11 he made f~llowing a 4rritten request hy the petitioner.
3. That the rrquested vraTver is hereby 9ranted on the basis ~f the sizc
and shape of the property and the proposed i:sc.
4. That the proposed uae is hereFy granted suhject to ihe folla+ing
stipulations made by tfie petitioner aL the oublic hearTna:
a, That all mechanical and rPlated wc~rk shall be conducted
wholly inside the buildin9.
b. That the hours of the detailTng oeerat~on s!~all be A;!1n a,m.
to 5:00 p•~. daiiv.
c. That there shail be ~o mc+re than ~5 for-sale ~ars on Lhe
premises at any one timP.
5. That the proposed use a+tll not ad~er~s~elv a~fecn~aae~t~to~heriocated,uses
and the g~owth and 3eYeiopcrent af the ~rr_a (~ ~•~•it It
b, That the size and shape of the site nroposed for tfie use is ader~uate to
altow the full deveioPment of the proposed use Tn a manner not detrimcnial to thc
particular area nor to the peace. heatth, safety, and generat vreifare of the Ctttzcns
of the City of Anaheim,
7, 7hat the granting of the Conditional Use Pcrmit unAer the condttions
imposed, if any. will not be detrimental to the aeace, heaith, safety and general
welfare of the Citlzens of the City of Anaheim.
8, That the t~•affic generated by the proposed use wiil nat impose. an undue
burden upon the streets and highways deslgned and tmpraved Co carry [he trafflc in
the area.
9, That no one indicated thetr presence 't ~Sitionn'~toictheeasubject
opposltion; and that no correspondence was receTved in opp ~
petition.
EWVIROilNEliTAt IMPACT FI~tDING: 7hat the Anaheim Citv Piannina CommTsslan has
reviewed i e propr;al to oerm t a used automobite sales lot in the CL tCommcrciai.
Limited) Zone with waiver of minimum numhec of packing spaces on an irreclularly-
_2_ PC8o-238
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shaped parcel of land consisting of approximately ~,iJ~ acre located at the southeast
corner of Anaheim Boulevard and Lemon Street, having a~+proximate frontaoes of 83 feet
on the scuth side of Anaheim Qoulevard and 75 feet on the east stde of Lemo~ Street
(1039 -~orth Anaheim Boulevard); and does hereby approve the -Je~atlve Declaration fram
the requirdnent to prepare an environmental impact report on the basis that there
would bc no sianificant fndividual or cumulat)ve adverse environmental impact due to
the approval of this Negative ~eclaratlon since the Anaheim General Plan desiqrtates
the subject prope~~y for general commerciaf land uses comrt,ensurate with the prooosal;
that no sensitive environnental imnacts are involved in the proposal; that the
Inittai Study submitted by the petitioner indicates no sianfftcant indlvidual or
cumulative adverse environmental impacts; and that the Ne~ativp Declaratt~n
substantiattng the foregoino findings is on fTIP in the City of P.nahetm Plannlna
Department. .
N~N. THEREFORE~ BE IT RESOLVED that the Anaheim City Plannina Commission
does herehy grant subject Petttion for Canditional Use Pe rtntt, uoon the following
conditions whfch are hereby found to be a necessary orerP~utsite :o the proposed use
of the subject prooerty (n order to preserve the saf~tv and qeneral ~relfare ef the
Citizens of the City of An~,heim:
!. Th~t Lhe as.~:eF(sj af suFject proPcrtv shall deed to the City of Anaheim
~ strio of land 47 fcet in wldth frnm the centerllne of the street alonq Anahefm
9oulevard fo~ street widening purposes.
2. That subjecr ~rooertv shall be c;evelooed suhstantlallv in accordince
wTth plans and specificatTons on file with the City of Anaheim mar~ed Exhihit Nos. 1
through 3.
3. That the owncr(s) of subject property shall sufxnit a letter requestinq
the termination of Variancp qn, ?RFG ~~ Ly~ p)~~,Fr4 IIEFercr~r.ri[.
4. That Conditio` -los. 1~ 2 and 3~ ahove-mentloned, shali be compited aith
prior to the commencement o~ the activity auchorized under this resolution, or prior
to the time that the buildPng permit is issucd, or within a period of one year fram
date herrof~ r~hichevPr o-curs first. or such further [tme as the Pl~nninq Cp,xnTssion
may grant.
5. That the use ts hereby qranted for a pr.rlod of five (5) years subject
to review a*. Lhat time bY the P)anning Comnission for poss(hle extensions of time.
Sald revieri wi11 be made following a written rrquest frrxn the petittoner,
6• That all e~echanical and related work shaii br, conJucted wholly Inside
the building,
7. Thai the hours of oneratlon shill he °:0'1 ~,,~, to S:~n p,~,, ~Aily.
R• That thcre shall he no more than 15 for-sal~ cars on the premises ~t
any one time,
-~~ PC80-238
BE IT FURTHER RESQLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of thts Resolution is expressly predicated upon
aPplicant~s complia~ce r~ith each and all of the con~(tions hereinabove set forth.
Should any such condition~ or any part thereof, be declared invaltd or unenforceable
bY the ftnal ju~gr~nt of any court of competent jurfscliction, then thts Resoiution,
and any approvals herein contained, shall he deemed null a~~ void,
THE FOREG01~lG RESOLUTIQfI ts stgned and approved bv me this 15th day of
December, 198~.
v'
A7TEST: H~ MAl1~ A~I H IM LI LANNI~l~ COM SI~N
~ ~ ~ d~ ~
3ECRE~` RY, 11/1HE M CITY ~AtlN N, COMM~T(Ttj
STATE OF CALIFORNtA )
cautrrv a~ ar~xKCF ) ss.
~~TY OF ANAHE111 )
t, Edith L. Harris~ Secretary of the Anahefm City Rlanning Commission, do
hereby certify that the foregofng resolution ~ras passed and adopted at a rt~eeting of
the Anaheim City P)anning Commission held on Decemher 15, 198n, hy the followtng vote
of the members thereof:
AYES: COMMIS~' ~~ERS: BARNES, a0i~A5, BUSHORF~ F4Y~ KINr,~ TOt,aR
N~pc < Cn!!N!` r~roe. ~tr,tiE
AASENT: CONMIS~,ONERS: HER95T
Ilt NITNESS MiEREOF, 1 have hereunto set my hand this 15th day of December,
1980.
•. AH M ~N N, NM I S ON
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