PC 85-131RESOLUTIUN N0. PC85-131
A RESULUTION OF THE ANAHEIhI CITY PLANNING COMMISSION
THA:` PETITION FUR CONDITIONAL USE PERMIT N0. 2688 AE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition Eor Conditional Use Permit from J. G. D. ~OMPANY, INC., ATTN: DOUG
BkOWNE, Box 159, Atwood, California 926U1, owner, and PAUL F.. MC KINNEY, DBA
h]AC'S BP.TTERY SEkVICE, 713 Lark, Placentia, CaliEocnia 97.670, agen~ =pr
certain real property situated in r'r.e C:ty oi Anaheim, County of Orange, State
of ca.~±fcrnia, described as:
PARCEL 1: THE NORTFI 143 FEEi OF' LOT 16 OF TRACT 4703~ AS PEk
MAP RECORDEL IN BOOK 169, PAGES 25 AND 26 OF MISCELLANEOUS
MAPS, RECORDS OF' ORANGE COONTY, CALIFORNIA~ AND IS ALSO SHOWN
ON PARCEL 2 ON A P1AP FILED IN BOOK 17~ PAGE 5 OF PARCEL MAPS,
IN THE OFFICE OF TH~ COUNTY RECORDER OC SAID COUNTY.
WHEREP.S, the City Planning Commission did hold a public hearing at
the Civic Center in the City oE Anaheim on blay 13, 1985, at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance with the previsions 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 ano repocts offered at said hearing, does find and detetmine the
followiny facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Ptunicipal Code Section 18.61.050.070 to
wit: to permit an automotive bzttery repair and installation facility with
waiver of the following:
SECTIUNS 1b.U6.O50.U222 - Minitnum numbec of parkinq soaces.
io.Oo.U~U.Oj1 (47 spaces required; 29 spaces proposed)
18.06.U80
AND 18.G1.066.050
~• That the requested waiver is hereby aranted on the basis that
the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor advecsely affect any adjoining land uses and granting
of the parking waiver under the conditions imposed, if any, will not be
detrimental L•o the peace, health, safety ard general welfare o£ the citizens
of the City of Anaheim.
3. That the proposed use will not adversely affect thz 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 p;oposed for the use is
adequate to allow the fu.ll development of the proposed u~e 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.
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PC85-131
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5. That the granting of the Co~ditional Use Permit under the
conditions imposed, if any; wiil not be detrimental to the peace, health,
safety and genera.l welfare of the Citizens of the City of Anaheim.
6. 2hat tt~e trafric yenerated by the proposed use will not impose
an undue ~urden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That one person indicated their presence at said public hearing
in oppositian; and that no correspondence was received in opposition to the
subj?ct petition.
E~NVIRUNt4ENTAL IFiPACT FINDING: That the Anaheim City P:anning
Commission has reviewed the proposal to permi!. an automotive battery repair
and installation facility with waiver oi minimum number of parking spaces on a
rectangularly-shaped parcel of land consisting of approximately 0.71 acre
located approximately 365 feet nortn of Ocanget~orpe Avenue and approximately
1000 feet west of Raymond Avenue, and further described as 919 East
Oranyethorpe; and does hereby approve the Negative Declaration upon finding
tf~at it has considered the Negative Declaration together with any comments
ceceived during the public rev:ew pcocess and further finding on the basis of
the initial study and any comments received that there is no substantial
evidence that the project will 'nave a significant effact on the environment.
~OW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the follouing ccndi~ions which are hereby found to be a necessary prereguisite
to the proposed use of the subject property in order to preserve the safety
and yeneral welfare oP the Citizens uf the City of Anaheim:
l. That a traffic signal a~sessment fee equaling the difference between
the industrial and commerciai assessment fees shall be paid to the
City of Anaheim in an amount as determined by the City Council.
2. That all lockable pedestrian and vr,hicular access gates shall be
equipped with a"knox box" device to the satisfaction of the Chief
nr n~liC^ .,,^.d t!;e CyL~ Pic:. ;•i~[s
~iiail.
3. That trash skorage areas shall be provided and maintained in
accordance with approved plans on file with the Street t~faintenance
and Sanitation Division.
4. That the proposal shall comply with all signing requirements of the
ML Zone, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
5. That no outdoor storage of or work on vehicles or vehicular parts
shali be permitted.
6. 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.
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7. That prior to the commencement of the activity authorized under this
resolucion, or within a period of one year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 6,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in aecordance with
Section 18.03.090 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby Eind and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with eact, 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 here?n
contained, shall be deemed null and void.
THE FOREGOZNG RESOLUTION is signed and a proved by me this 13th day
of [•]ay, 19&5. ~,; ~~~~
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-GHAIItMAN, ANAHEIhY CI Y PLANNING COMMISSZON
ATTEST: ~;
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S~CRE'PARY, ANAHEIM CITY PLANNING COPIMISSION
STATE OF CALIFORNIA )
COUNTY UF OkANG~ ) ss.
CITY OF ANAHEIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do tiereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Ylanning Commission held on Pfay 13,
1985, by the following vote of the members thereof:
AYES: COPiF1IS.°.IONERS: BOUAS~ BUSHORE, FRY~ HERBST~ KING, MC BURNEY
NOES: COMI9ISSIONE;RS: NUNE
~~I31'.~`c:i.i: COI;ciiSSiGL•GinS: i,ii I:LAlMt
7N WITNESS WElEREOF, I Have hereunto set my hand this 13th day of
May, 1985.
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~'? C~,C.c_~. /~ /`V~~ L,t.t ~
SECRETARY~ ANAHF.;M CITY PLANNING COMMISSZON
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