Loading...
PC 85-100~ RESOLUTION N0. PC85-100 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMTIISSION THnT PETITZOt7 FOR COCIDZTIONAL USE PERMIT N0. 2676 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit f[om ANITA MARGARETE PEAIRS AND CHARLES E. PEAIRS, 1201 Glenview, Fullerton, California 92635, owners, and ~ONALD A. MOCCZNO, P. O, gox 4056, Anaheim, California 92803, agent for certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: LOT 32 OP THE ANAHEZM HOME TRACT, COUNTY OF ORANGE~ STA'?'E OF CALIFORNIA, AS PER DIAP RECORDED IN BOOK 6~ PA,GE; 34 OP MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUhiY RECO}tDER OF SAID COUNTY. WhEREAS, the City Planniny Commission did hold a public hearing at the Civic Center in the City uY Anaheim on April 15, 1°85 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 reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by i.tself and in its behalf, and after due consideratiun of all evidence and reports offered at said hearing, does Pind and determine the following facts: 1. That the proposed use is properly one for which a conditional ase permit is authorized by Anaheim Municipal Code Section 18.44.050.060 to wit: to permit a used automobile sales ager.~y and lot. Z. That the use is hereby grar.ted for a pariod of five (5) years to expire on April 15, 1990. 3. That th~ us? ~r herebl granted ~~bjccl~ ~o the petiCioner's stipulation that thare shall be no mechanical or bo:y work or painting done outside the huilding. 4. That the use is hereby grantcd subject to the restriction that there shzll be nu more than 12 cars on display at any one time, including the showtoom and lot. 5. That the gioposed use will not adversely affect the adjoining land uses and the giowth and development of the area in which it is ptoposed to be locate~?. 6. That the size and shape of the site proposed f.or the use is adequate to allow the full development of the proposed use in a mannez not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7• 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 Ar.aheim. ~0499r PC85-100 ~ 4~N+Tt~1.>~~:.., in..r: :.~.~. ~ . . . .. . .... .. ~ - . . .. . .. 8• That the ttaffic generated by the proposed use will nol• impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. 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 SMPACT FIP:UING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property fron the AM-1200 (Residential, Multiple-Family) to the CL {Commercial, Limited) or a less intense zone to permit a used automobile sales agency and lot on an irregularly-shaped parcel of land consisting of approximately 7,405 square feet of land located at the northwest corner of Swan Street and Anaheim Boulevard, and further described as 1107 North Swan Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any co~~ents received during the public review process and further Einding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant eEfect on the enviro~ment. NOW, TH~REFORE, EE Ii` RESOLVED that the Anaheim City Planning Commission does hereby grar.t subject Petition for Conditiunal 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 this Conditional Use Permit is granted subject to *_he adoption :.E the Zoning Ordinance in connection with Reclassification idp. 64-85-30, now pending. 2. That prior to issuance of a building permit, the appropriate traff3c signal assessment fee shall be paid to the City of. Anaheim in an amount as determined by the City Council for new commercia'.L buildings. 3. That the dr.iveway sha.il be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Ergineer. 4. That drainage of subject property shal.l be disposed of in a manner satisFaclory to the city Engineer. 5. That subject propert~ shall be served by underground utilities. 6. That prior to commencement of structural framing, fire hydrants shall be inNtalled and charged as required and determined to be necessary by the Chief of the Fire Department. 7. That trash storage areas Uhall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 8. That the owner oE subject property shall pay to the City of Anaheim a fee for stre?t lighting along Homer Street, Anaheim 2uulevard and Swan Stceet, in an amount as determined by the City Council. -z- PC85-100 , .~ ...,_ ._. . __. __ _ 9. That the vehicular secucity gate along Swan Street shall remain open during hcurs of opecation. 10. That ther.e shall be no automotive repair or reconditioning p?rmitted on subject property. 11. That there shall be no ~utdoor storage on subject property at any time, with L•he exception of a maximum of twelve (12) for sale display vehicles. 12. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purpoces along Swan Street, Homer Street and Anaheim E~oulevard in an amount as determined by the City Council. 13. That al,l lockable pedestrian and vehiculac access gates shall be equipped with a"knox box" ~_vice to the satisfaction of the Chief o£ Potice and the City Fire Marshall. 14. That trash storage areas shall be provided and maintained in accordance with approved plans an file with the Street Maintenance and Sanitation Division. 15. That all aic couditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties, 7.6. That the proposal shall comply with all signing requirements o£ the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 17. That a 6-foot high masonry block wall shall be constructed and mai.ntained along the nocth property line. 18. That any propused parking are,-~ lighting fixtures shail be down-lighted with a maximum heigi~t of 12 feet. Said lighting fixt.ures shall be directed away from adjacent property li.nes to protect the residential integrity of the area. 19. That subject property shall be developed substantially in accordance with p1an~ and specifications on file with the City of Anaheim marked Exhihit Nos. 1 and 2. 20. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of a building permit, or wiEl~in a period of one year from the date of this resolution, whic:iever occurs first, Condition Nos. 1, 2, 8 and 12, above-mentioned, shal'L be complied with. Extensions for further time to complete said conditions may be granted i.n accordance with Section 18.03.090 cf the Anaheim Municipal Code. 21. That prior to the commenceme~t of the activity authorized under thia; resolution, or final building and zoniny inspect•ions whichever occu[s fic~t~ Co7d'ltion Nos. 3~ 4~ .~i~ 7~ 13~ 14~ 15~ 17~ I8 and 19, above-mentioned, shall Ue complied with. 22. That this permit shall expire in five (5) years on April 15, 1990. -3•- PC85-1D0 ~ BL•' IT FURTHER RESOLVGD that the P.naheim City Planning Commission does 4ereby 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 cot~ditions, or any part thereof, be @eclared 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 FUREGOING RESOLUTION is signed and app oved by me this 15th day of April, 1985. ' `~~ / • % ~: "~.jj 6~ --- ~: ~ 2/1 --'CHAIRMAPI~ ANAHEIFY CITY PLANNTNG COMMISSION ATTEST: / ^ ~ /~~~c.iL/LL~ SECRETARY~ ANAHEIM CTTY PLANNING COMFIISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i~ Edith L. Harris, Secre:ary 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 April 15, 1985, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, HtRBST, KI[dG~ LA CLAIkE, MC BURNEY NOES: COMPIISSIONERS: FRY ABSENT: COMMISSIONERS: NOtJE IN WITNESS WNEREOF, I have hereunto set my hand this 15th day of April, 1985. (O~ ~ N~w,~_/a, gc~~nrmnov~ ff1RF.~Ic. ;;ITY ?LA2~WIIdG COfdh(ZSSIUN -4- PC85-100 ~~ .._.. ._ _ : ~