Loading...
PC 82-214r~ .~~, RESOL'UTION NO. PC82-214 A RES~LUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAI, USE PERMIT NO. 2394 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ROBERT A. SPIDELL, ET AL., 239 South Maqnolia Avenue, Anaheim, California 92804, owner, and RANDY C. BUCHOLTZ, 9791 Yardley Street, Anaheim, California 92804, agent of certain real property situatad in the City o:E Anaheim, County of Orange, State of California, descr.iL•ed as: pARGEL 2, AS SHOWN ON A PARCEL MAP FILED IN BOOK 19, PAGE 44 OF PARCEL ~pS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on November 29, 19g2, 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 investiqate and make findings and recommendations in connection therewith; and P7HEREAS, 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 18.03.030.010 to wit: to permit an automotive transmission shop in the CL (Commercial, Li~i.ted) Zone with waiver of the following: 5ECTION 18.44.C63.040 - Minimum landscaped setback (10 feet r~~quired from adjacent residential zone; 0 to 10 feet proposed) z• That the requested waiver is hereby granted on the basis that the adjacent RM-1200 zoned property to the east is developed with apartment complexes having qarages which provide a buffer and, therefore, the minimal landscaped setback would have no impact on the area; and on the basis that denial would deprive subject property of a privilege being enjoyed by other properties in the same zone and vicinity. 3• That the proposed u~e will not adverse:.y affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. #03o1Z PC82-214 ,.._ :_.. „-.. ~ ~ ~ ''~ 4. That the size and shape of the si.te proposed for the use is f.':;~ adequate to allow the fuli development of the proposed use in a manner not ~''~` detrimental to the yeneral welfere of theaCitizens oPrthe City of Anaheim ce, health, safe~y and 5• That the granting of the Conditional Use Permi.t under the conditions imposed, if any, will not be detrimenta:. 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 II~ACT fiINDING: That !;`I Commission has reviewed the ro osal to „ the Anaheim City Planning in the CL P P P-rmi-t an automotive transmission shop •'~ (Commercial, Limited) Zone with a '; setback on a rectattgularl *~aiver of minimum landscaped " 0.24 Y-shaped parcel of land consisting of approximately acre, having a frontaqe of approximately 78 feet on the east side of Magnolia Avenue, and being located approximately 180 feet north of the centerline of Broadway and further described as 230 South Magnolia Avenue; and ~ does hereby approve the Negative Declaration from the requirement to prepare Y~ an environmental impact report on the basis that there would be no significant y individual or cumulative adverse environmental impact due to the approval of ~ this Negative Declaration sub'ect r since the Anaheim General Plan designates the ~ J p_operty for commercial professional land uses commensurates with the ~ proposal; that no sensitive environmental impacts are involved in the i proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration siibstantiating the forevoing 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 tlie proposed use of the subject property in order to preserva the safety and general ~velfare of the Citizens of the City of P.naheim: 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 tree planting purposes along Magnolia Avenue. z• 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 light~ng along Magnolia Avenue. 3• That trash storage areas shall be pravided in accordance with approved plans on file with the Office of the Executive Director of Public Works. -2- PC82-214 ~ . ~ -. 4. That subject property shall be served by underground utilities. 5• That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. e• That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. 7• 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. 8. That the owner(s) of subject property shall submit a letter to the Planning Department requesting termination of Variance No. 2983. 9• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 10. That Condition Nos. 1, 2 and 8, 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 germit is issu~d, or within a periol of one year from date hereof, whichever occu.rs first, or such further time as the Planning Commission may grant. 11. That Condition Nos. 3, 4, 5 and 9, above-mentioned, shall be complied with prior to final building and zoning inspections. 12• That all automotive work and parts storage shall be conducted wholly inside the building. B~ 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 conditions, 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 I'OREGOING RESOL[TPION is signed and approved by me this 29th day of November, 1982. r C ~, AN EIM IT TNG COMMISSION ATTEST: ~7,~.,• . SECRETARY, ANAHEIM CITY PLAP7D7ING COMMISSTON -3- PC82-214 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAFiEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certiEy that the foregoing resolution was pas~ed an3 adopted at a meeting of the Anaheim City Planning Commission held on November 29, 1982, by the .following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC SURNEY IvOES: COMMISSIONERS: NONE ABSENT: COMMI$SIONERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of November, 1982. ~dC.i..,r-~ .C i~Lait w • SECRETARY, ANAHEIM CITY LANNING COMMISSION -4- PC82-214 !.'