PC 81-230RESOLUTION NO. PC81 -230
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2271 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from BRITISH MOTOR CAR DISTRIBUTORS, LTD., 1601
South Anaheim Boulevard, Anaheim, California 92805, owner, and TAIT & ASSOCIATES,
INC., 900 Orangefair Lane, Anaheim,California 92305, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
PARCEL A: PARCEL NO. 2, AS SHOWN ON A MAP FILED IN BOOK 131,
PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA.
PARCEL C: PARCEL NO. 6, AS SHOWN ON A MAP FILED IN BOOK 4, PAGES
5 TO 11 INCLUSIVE, OF STATE HIGHWAY RELINQUISHMENT MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION
LYING NORTHERLY OF THE NORTHERLY LINE OF TRACT NO. 190, AS SHOWN
ON A MAP RECORDED IN BOOK 23, PAGE 50 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY.
PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THOSE PORTIONS OF LOTS
13, 14 AND X OF TRACT NO. 190, AS SHOWN ON A MAP RECORDED IN BOOK
23, PAGE 50 OF MISCELLANEOUS MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE DESCRIBED
AS "NORTH 28 DEG. 24' 50" EAST 179.55 FEET" 111 A DEED (STATE
PARCEL N0. 152) TO THE STATE OF CALIFORNIA, FILED DECEMBER 24,
1952 IN VOLUME 62, PAGE 15297 OF REGISTER OF TITLES IN ORANGE
COUNTY RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID
COURSE, NORTH 28 DEG. 24' 50" EAST 210.68 FEET TO THE
SOUTHWESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 28 DEG. 24'
50" EAST 101.57 FEET" IN THE BOUNDARY OF PARCEL 6 OF STATE HIGHWAY
RELINQUISHMENT NO. 492 RECORDED DECEMBER 27, 1966 IN BOOK 8136,
PAGE 339 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY AND AS
DELINEATED AND SHADED ON A MAP RECORDED JUNE 17, 1966 IN BOOK 4,
PAGE 9 OF STATE HIGHWAY RELINQUISHMENT MAPS IN SAID OFFICE; THENCE
ALONG SAID BOUNDARY THE FOLLOWING COURSES: SOUTHWESTERLY ALONG A
TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 67.00
FEET, THROUGH A CENTRAL ANGLE OF 61 DEG. 34' 35 ", AN ARC DISTANCE
OF 72.01 FEET AND SOUTH 89 DEG. 59' 25" WEST 23.79 FEET TO THAT
COURSE DESCRIBED AS "SOUTH 6 DEG. 40' 00" WEST 407.30 FEET" IN A
DEED (STATE PARCEL NO. 148 -1) FILED DECEMBER 26, 1941 IN VOLUME
37, PAGE 99, GRANTEE'S DUPLICATE 8970, NEW CERTIFICATE 9112 IN
SAID OFFICE: THENCE LEAVING SAID BOUNDARY AND ALONG LAST SAID
PC81 -230
COURSE, SOUTH 6 DEG. 40' 00" WEST 151.20 FEET TO THE POINT OF
BEGINNING.
LOTS A, X, Y AND 14 TO 19 INCLUSIVE, AND 21, TO 23 INCLUSIVE OF
TRACT NO. 190, AS PER MAP RECORDED IN BOOK 23, PAGE 50 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. EXCEPT THAT PORTION OF LOTS 14, 21, 22, 23, X AND Y LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT
ON THE NORTHERLY LiNE OF SAID LOT X, DISTANT SOUTH 39 DEG. 59' 25"
WEST 76.00 FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE WITH
A LINE WHICH I5 PARALLEL WITH AND 140.00 FEET WESTERLY, MEASURED
AT RIGHT ANGLES, FROM THE WESTERLY LINE OF THE STATE HIGHWAY,
60.00 FEET WIDE, AS SAID HIGHWAY IS SHOWN ON SAID MAP; THENCE
SOUTH 6 DEG. 40' 00" WEST 179.65 FEET TO A POINT WHICH BEARS NORTH
6 DEG. 40' 00" EAST 227.65 FEET FROM THE MOST WESTERLY CORNER OF
THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 9112 ON FILE IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 28 DEG. 24' 50" WEST
179.55 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT Y DISTANT
NORTH 40 DEG. 52' 20" WEST 90.18 FEET FROM THE SAID MOST WESTERLY
CORNER. ALSO EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE
SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center In the City of Anaheim on November 2, 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 Sections 18.44.050.060 and
18.61.050.050 to wit: to expand an existing automobile dealership.
2. That the proposed use is hereby granted subject to the petitioner's
stipulation at the public hearing that there shall be no additional signing of any
kind on the site or the building and that hotair advertising balloons shall be
displayed only in connection with a valid Special Events Permit.
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.
-2- PC81 -230
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 i.n
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 expand an existing automobile dealership in the CL
(Commercial, Limited) Zone on an irregularly - shaped parcel of land consisting of
approximately 3.0 acres, having a frontage of approximately 480 feet on the west side
of Anaheim Boulevard, and being located approximately 550 feet south of the
centerline of Cerritos Avenue (1601 South Anaheim Boulevard); 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 commercial professional
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 appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the issuance
of a building permit.
2. That street lighting facilities along Anaheim Boulevard shall be
installed as required by the Office of Utilities General Manager, and in accordance
with specifications on file in the Office of Utilities General Manager; and /or that
a bond, certificate of deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim shall be posted with the City to guarantee the
installation of the above - mentioned requirements prior to occupancy.
3. 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 tree planting purposes
along that portion of Anaheim Boulevard zoned CL (Commercial, Limited).
4. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2.
-3- PC81 -230
5. That Condition Nos. 2 and 3, above- mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
6. That Condition No. 4, above - mentioned, shall be complied with'prior to
final building and zoning inspections.
7. That there shall be no additional signing of any kind on the site or on
the building and that hot air advertising balloons shall be displayed only in
connection with a valid Special Events Permit.
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 2nd day of
November, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 November 2, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NOME
ABSENT: COMMISSIONERS: NONE
1981.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
1ii l _
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-1 PC81 -230