PC 68-99RESOLUTION !Q0. PC68-99
A RESOLU'i1GiJ OF THE CII~Y PLANVIDIG COh1MISSiO~! OF THE CiTY OF AidAHEiM RECUMMEVDl:^;G
TO 1'HE CITY COU(~ICIL OF THE CITY OF APIAHEINi AN AMENDf/iENT TO TITLE 18
CHAPTER 18,52, M-•1, LIGHI' L~fDUSTRIAL~ ZONE SEC;ION 18~52.050(31
CONDITIONAL USES OF THE ANAHEINI MUfdICIPAL CODE
WFIEREAS, Section 18.52.030(3) Conditional Uses, requires that any industrial use
proposed to be located cdoser that 330 feet from the exterior bour.daii.es of any public
schonl or parF: site shall be subject to a cnnditional use permit; and
WHEREAS, the City Attorney is of the ooinion that if the Planning Comrnission or
City Couricil denied a conditional use permit or refused to rezor.e property. reyuested u~der
the a:orementioned Section, that he would be unable to defend the City on tt~e basis that
this would be condemnation of property without just compensation by the governina body; and
WHEREAS, the City Plannir.g Commission did hold a ~ublic hearino at the City Hall in
the City of Anaheim on April S, 1968, at 2:00 o~clock P.If., notice of said puolic hearing
having been duly given as required by law and in accordance with the provisions of the
Anaheim Municipal Code, to hear and consider evidence fo* and against said proposed amend-
ment, and to in~Pestigate and make findings ar.d recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made by
itself and in its behalf, and and after due consideration of a11 evidence and reports
offered zt said hearing, does find ana determine the following facts:
1. That there are only tvro locations affected by the aforementioned Section s~ithin
the boundaries of the City, namely at the northeast corner of Loara Street znd
Broadway and the other beino at the southwest corner of Santa kna and Walnut
Streetso
2. That a conditional use permit on ~~:-1 oroperty adjoining the Betsy Rdss Schonl
at Santa Ana and Walnut Streets has been aporoved already; therefore, or.iy one
oarcel at the northeast corner o` Loara Str2et and Broaoway - aojacent to the
Loara School would be af:ected by this Section of tne Code.
3. That the City A~torney is of the oninion +h2± !~~ :;~o.~:'~' ~` i
; s;; untrnauie position
to def end the City, if the Planning Commission or City Counr.il should refuse
to approve a conditional use permit or r~*use to re~one th~ oroperty, i,` this
section of the Zoning Code was challanged on the basis that such action lvould
be condemnation of the property without just comoensation by the go~ernina
body.
! NOW, THEREFORE, BE IT RESOLVED, that the City Planninq Commission does hrreby recommend
~ to the City Council of the City of Anaheim that Title 18, P.naheim h^,unicipal Zonina Code,
j be amended by tne deletion o.` suboaragraph 3, oi Section 18.52,050, Cnapter 18,52, "';-1,
, Light Industrial. Zene on tne basis of the foregoina finpinqs.
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THE FOREGOIPIG RFSOLUTIO~J is signed and approv;-d by me this 18th o~ pril, 1968.
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~ CHAI R~~"A~d A~JAr{EL~1 CIT1' P'. ~'
ATTEST: LA~J lI?IG NI~:ISSIOid
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~ SECR6TARY AiJAHEIA~t CITY PLP.'JNI,1G COA;
STATE OF CALIFORNIA )
NUNTY OF ORANGE ) ss,
' CITY OF ANAHEIN )
j I, Ann Krebs, Secretary of the City ?lannina Commission of the City of A~aheim,do hereby
; certify that the £oregoino resolution ~r~as passed and adopted at a meeting of the City Planning
+ Commission of the City of Anahaim, held on Aoril 8, 1968, at ~:00 o'c?ock P.N~., by the
following vote of the members thereof:
' AYES: COMMISSIONERS: Farano, Gauer, Herbst. ~Jungail, Rowland, Camp.
NOES: CON~IIISSIONC•RS: None.
A86ENT: Wh1MISSIODIERS: Allred.
IN~WIT~IESS WHERtOF, I heve hereunto set my hand this 18th day of April, 1968.
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_ 5ECRETARY ANAHElA4 CITY PLANNING ~MMISSIOiJ
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