PC 83-170_, ~...
RESOLUTION NO. PC83-170
A RESfjLUTION OF THE ANAHEIM CITY FLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NU. 2492 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from WILLIAM VAN DEN HURK, 1874 Santa Cruz
Street, Anal~eim, California 92805, owj~er of certain real property situated in
the City of Anaheim, County of Ocange, State of California, described as:
PARCEL A:
PARCEL 3~ CITY OF ANAHEIM~ AS SHOi9N ON A MAP FILED IN BOOK
134, PAGES 40 AND 41 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY.
PARCEL B:
A RECIPROCAL EASEMENT FOR DRIVEWAY AND DRAINAGE PURPOSES
OVER THE S~UTH 13.00 FEET OF PARCEL 8 OF SAID PARCEL MAP,
EXCEPTING THE EAST 20.00 FEET THEREOF.
PARCEL C:
A RECIPROCA:, EASEMENT FOR DRIVEWAY AND DRAINAGE PURPOSES
OVER THE NORTH 13.00 FEET OF PARCEL 10 OF SAID PARCEL MAP~
EXCEPTING THE EAST 20.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 19, 1983, 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 hcar a7d consider evidence for and against said nroposed conditional use
permit and to investigate and make findin9s and recommendations in connection
therewith; and
WHEREAS, szid 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 auttlorized by Anaheim Municipal Code Section 18.61.050.050,
18.61.050.070 & 18.06.080 to wit: to cetain an automotive repair and leasing
facility in the ML (Industrial, Limited) Zone with waiver of the following:
SECTIONS 18.06.050.022, - Minimum number of parking spaces.
18.06.O50.U222, (27 spaces required; 15 spaces proposed)
AND 18.61.066.US0
2. The the requested waiver ~s he~eby granted on the basis that
the parking variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses; and the
gtanting of the parking variance under the conditions imposed, if any, will
not be detrimental to the pe3ce, health, saEety or general welfare of the
citizens of the City of Anaheim.
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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 uf 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 ~^ity of Anaheim.
6. That the traffic generated ~y the proposed use will not impose
an undue burden upon the streer_s 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 receiv~d in opposition to the
subject petition.
ENVIRONMENTAL I[iPACT FINDING: That the Anaheim CiEy Planning
Commission has reviewed the proposal to :etain an automotive repair and
leasing facility in the ML (Industrial, Limited) 2one with waiver of minimum
number of parkin9 spaces on a rectangularly-shaped parcel of land consisting
of approximately 0.38 acre, having a frontage of approximately 100 £eet on the
east side of Santa Cruz Street, being located approximately 380 feet north of
the centerline of Pacifico Avenue and further described as 1874 South Santa
Cruz Street; and does hereby apocove the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments
received during the Qu61ic review nCOCPR4 and furth?r finding or. the bzsis of
the Initial Study ar.d any comments eceived that there is no substantial
evide~ce that the project will have a significant effect on the environment.
NOW, THEREPORE, 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 pcoposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That a traffic signal assessment fee equaling the difference between
the industrial and commercial assessment fees shall be paid to the
City of Anaheim in an amount as determined by the City Council.
2. That the owner of subject property ~hall submit a letter requesting
terminatio~ of Conditional Use Permit No. 2094 to the Planning
Department.
3. That all a:itomobile repair and parts storage sha.ll be conducted
wholly withir: the building.
4. That subject property shall be developed substantiallv i1 accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
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5. That Condition Nos. 1 and 2, above-mentioned, shall be completed
within a period of 60 da~•s from the date of this resolution.
6. That prior to final building and zoning inspections, Condition
No. 4, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim Cit-y 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
heceinabove 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.
T1IE rOREGOING RESOLUTION is signed and approved by me this 19th day
of Septenber, 1983.
~-..~.a~
CHAIRMAN, A EIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALZFORNIA )
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 September
19, 1983, by the following vote of the members the-eof:
AYES: COMMISSIONERS: BOUAS~ BpSHORE, FRY~ AERBST~ KING, LA CLAIRE
NOES: COMMISSIONERS: NONE
ABSENT: COt9MISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
September, 1983.
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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