PC 81-205RESOLUTION NO. PC81 -205
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2263 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did
Petition for Conditional Use Permit from MELVILLE J. MC LEAN AND
3409 East Miraloma Avenue, Anaheim, California 92806, owners,
PAM BEDARD, 1310 North Miller Street, Anaheim, California 92806,
real property situated in the City of Anaheim, County of Orange,
described as:
receive a verified
DOROTHY E. MC LEAN
and CHUCK BEDARD AND
agents, of certain
State of California,
THE WESTERLY 330.00 FEET OF THE EASTERLY 660.00 FEET OF THAT
PORTION OF LOT2 IN BLOCK K OF THE KRAEMER TRACT, AS SHOWN ON A MAP
RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING
AT A POINT ON THE EASTERLY LINE OF SAID LOT, 1848.00 FEET
SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTHERLY
793.98 FEET ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF
SAID LOT; THENCY WESTERLY 1320.00 FEET ALONG THE SOUTHERLY LINE OF
SAID LOT TO THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTHERLY
793.98 FEET ALONG THE WESTERLY LINE OF SAID LOT TO THE SOUTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED FROM MATTIE GOETZ AND
EMMA SHAFFER, RECORDED DECEMBER 6, 1917 IN BOOK 316, PAGE 202 OF
DEEDS: THENCE EASTERLY 1320.00 FEET ALONG THE SOUTHERLY LINE OF
SAID LAND TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE
NROTHERLY 528.00 FEET THEREOF, ALSO EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED LAND: THE SOUTHWESTERLY 195.00 FEET OF THE
NORTHEASTERLY 660.00 FEET OF THE SOUTHERLY 195.00 FEET IN BLOCK K
OF THE KRAEMER TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES
87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 21, 1981, 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 conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, 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 following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.61.050.601 to wit: to
retain an automobile repair facility in the ML (Industrial, Limited) Zone.
2. That the proposal is granted on the basis that the use will be reviewed
after one year to determine whether it has had an adverse impact on surrounding land
uses. If there has been no adverse impact, the use may continue.
PC81 -205
3. 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 to be located,
4. That the size and shape of the site proposed for 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 welfare of the Citizens
of the City of Anaheim.
5. That the granting 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 Anaheim.
6. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to retain an automobile repair facility in the ML (Industrial,
Limited) Zone on an irregularly- shaped parcel of land consisting of approximately
0.92 acre, located north and east of the northeast corner of Miraloma Avenue and
Miller Street, having approximately frontages of 135 feet on the north side of
Miraloma Avenue and 70 feet on the east side of Miller Street (1310 North Miller
Street); and does hereby approve the Negative Declaration from the requirement to
prepare an environmental impact report on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the approval
of this Negative Declaration since the Anaheim General Plan designates the subject
property for general industrial land uses commensurate with the proposal; that no
sensitive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
Miller Street and Miraloma Avenue.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i
through 3.
3. That Condition Nos. 1 and 2, above - mentioned, shall be completed within
a period of sixty (60) days of the date herein or no later than November 21, 1981.
-2- PC81 -205
4. That all automobile repair and storage shall be conducted wholly within
the existing building.
5. That the use shall be reviewed one (1) year following a written request
by the petitioner. The Planning Commission may allow the business to continue if it
is determined that it has not had an adverse impact on surrounding land uses.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 21st day of
September, 1981.
ATTEST:
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on September 21,1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KiNG
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of September,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3-
PC81 -205