PC 73-192RESaLUTIO~. P~73-192 ~ ,
A RESOLUTION OF THE CITY PLANNING COMMISSION OI' THE CITY OF ANAHEIM
THAT PETITIOY FOR CONDITIONAL USE PERMIT_1~24_BE GRANTED !N PART
WHEREAS, the City Planning Commissicn of the City af Aneheim did recelve e verified Petition for Con-
diti~nalUse Permitfrom RAYMOND G. SPEHAR, ET AL, 913 Paloma Piace, fulierton, California
92635, Owrers; J. A. ST~WART CONSTRUCTIO~ CO „ lNC., 7150 Fenwick Lane, Suite 211,
Westminster, Califorr.ia 92683, Agent of certain real property situater iti the City
of Anahelm, County af Orange, State of Califor~ia described as That portion of Parcel 2,
as shown on a map filed in book 40 page 39 of Parcel Maps, •in the office of the County
Recorder of said county, described as follows: Beginning at the southwesterly terminus
of that ceftain course shown as North 77' 25" 12~ East 81.61 feet in the northerly
boundary of said Parcel 2; the~ce North Oi' 23" 00~ East i19.10 feet along the boundary
ef said Percel 2 to a point on the southerly right of way line o` La Palma Avenue as
satd avznue~is sho++r, on said Parcel Map, said point being on a curve concave northerly
and having a rad?~s of 1445.00 feet, a radial from said point bears Nortfi 05' 3~" 24°
East; thence westePiy 291.06 feet along said curve and right of way tine throu9h a cen-
tra9 angle of 19' 3Z" z7°, a radial from said point bears North~ 17' 02" 51° East; thence
leavizg said right of way lina South Oi' 23" OOo West 240.20 feet to a point on the
northerly ]ine af Ch~ l~and described in a deed to the 0:-ange County Flood Control District
re~orded Jan~~ary 31, 7939 irt book 980 page 303, Official Records; thence North 77' 25"~12~
East 294.q6 feet along said land of ttie Orange (:ounty Flood Control District to.the point
of beginnir.g
; and
WHEREAS, the Ci[y Plenning Commission did hold e pul~lic hearing at the City Hell in the City of Aneheim
on August 20, i 973, at 2:00 o'clock P.M., notice af seid public heering having been duly gtven
es cequired by lew end in eccordance wIth the provisions of the Mahe~im Municipal code, Chepter 18.64, to hear
and consider evidence Eor end egeinet said proposed conditionel use and ta investignte end meke (indings end
recommendations in cunnection therewith; end
WHEREAS, said CommissIon, after due in~peation, in.vestigetion, and study made by itself end in its bo-
helf, and after due consideration oE all evidence and reports offered at seid hearing, does find end determine the
Eollowing fects:
1. Thet the proposed use is properly one for which a Conditionat Use Permit is authorized by Code Sect i on
18.40.060(h) to wit: esteblish a retail plai~t nursery with waivers of:
SECTIOIJ 18.39.040(A-i)
a - Permitted number of wa91 siqns. (1 per frcnt
, ent:rance permitted; 2 proposed)
SECTION 18.40.060(h)
b - Plant nurseries - screeninq of other than
,
. ~lant material. (Block wall required;
nnne proposed)
c, SECTION 18.40.070(4) - Minim~m off-street parkinq. (45 spaces required;
;} s aces proposed)
SECTION 18.59.042(b)
d - Buildinq setback from an arterial hiqhwav
, (Scenir, Corridor). ( 0 feet required; ,2~
feet proposed)
SECTION 18.5~.042 d`
e - Width of required landscapinq strip adiacent
, to arterial fiiqhway, (20-foot width required;
indeterminate width of retail plants proposed)
SECTION 18.59.050;17)
¢ - Required screenina of outdoor uses from free=
, way or scenic hiqhway. (Screen of wall or land-
scaping, or both, required; screen of partial
landscaping proposed)
2. That lJaiver 1-a, above mentioned, is hereby denied on the basis that si9ning per-
mitted in the SC, Scenic Corridor Overlay, Zone is adequate to advertise the use requested,
even though the petitioner had reduced the number of signs to two.
CI-D ' 1"
. 3. That W~iver 1-d, abo~ mentioned, is hereby denied o~ e basis that the requiredl'
setback could be compiied with and that if said waiver was granted, it ~ould establish an
undesirabie precedent and negate all the efforts of the city to establish the Santa Ana
Canyon as a scenic ro~ite. Furthermore,it wouid poss7biy jeopardize retantion of the State's
designation of tFiis area alang the Riversid~ FreeHay as a scenic route.
4. That Waiver 1-b, above mentioned, is hereby granted o~ the basis that landscaped
screening as proposed would be adequate to shield the outdoor use.
5, That Waiver i~c, above mention~d, is hereby granted, on the basis that parking
as proposed would be adequate to handle the tyQe of use prnposed, and that the lathhouse
should not be considered as part of the structures ir~ calculating parking requirements.
6. That Waive~ t-e, above mentioned, is herzby granted on the basis that the petitioner
stipulate~ that if the 20-foot tanJscaQe strip adjacent to the arterial highway is not main-
tained in perpetuity, that permanent a~ndscapi~g and maintenance would be provided.
7. That Waiver 1-f, above rt+entio^ed is hereby granted on the basis of the type of use
proposed for subject prope~ty namely a landscape nursery, wi11 itself provldE adequate land-
scape screeni~g.
S. That the proposed use will not adversely affect the adjoinirg land uses and the growth
and development of the area i~ wnich it is proposed to be located,
9. That the size and shape of the site proposed for the use is adequate to alloo-~ the full
dEVelopment of the proposed use in a manner not detrimental to the particular area nor to the
peace, health, safety, and gereral welfare of the Citizens of the City of F,naheim.
10. That the granting of the Conditional Use Permit under the conditions imposed, if any,
will not be detrimental to the aeare; health, safety, and genera! welfas~e of the Citizens of
the City of Anaheim.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Planning Commission, in connection with an Exemption Declaration Status request,
finds and determines that the proposal would have r.o significant environmental impact and,
therefore, recommends to the City Council that no Environmental Impact Statement is neces-
sary. .
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Cit.y °lanning Commission does hereby
grant in part subject Petition for Conditionai Use Permit, upon the following conditions
which are hereby fo~nd to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general w~lfare of the Citizens of the City
of Anaheim:
(1) That the owner(s) of subject property shall pay t~~ the City of Anaheim the sum
of 60C per front foot along La Palma Avenue for tree planting purposes.
(2) That street lighting facilities along La Palma Avenue shall be installed as re-
quired by the Director of Public Utilities and in accordance with standard plans and specif-
ications on file in the office ofthe Director of Public Utilities and that a bond in an amo~nt
and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the
installation of the above mentioned requirements.
(3) That trash storage areas shall be provided in accordance with approved pla~s on
file with the office of the Director of Public Works.
(#) That fire hydrants shall be installed and charged as required a~d determined to be
necessary riy the Chief oP the Fire Department prior to commencement of structural framirg.
(5j ThaC a parcel map to record the approved division of subject oroperty be submitted
to and approv~d by the City of Anaheim and then berecorded in the office of the Oranga County
Recorder.
(6) That su6ject property shall be served by underground utilities.
(7) That tl~e final parkin9 plan shall be approved by the Development Services Depart-
mP,^.t, and any landscaped areas in the parking area shall be protected with 6-inch hi9h, con-
crete curbs, and concreke wheel stops shail be provided for parking spaces.
(8) That drainage of subject property shall be disposed of in a manner that is satis-
factory to the City Engineer.
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~ ~
(g) That g~ading, excavation, and ali other construction activities shail be conducted
in sucF a manner so as to minimize the possibility of any si~t originating from this project
being carried into the Santa Ana River by storm tiaater originating from or flowing through
this project.
(10) That subject property shall be devei~ped substantially in accordance with plans
and specifications on file with the City of Ananeim marked Exhibit Nos. 1, 2, 3 and 4, pro-
vided however, that signing and setbacks shali be in conformanc< with Code requirements.
(11) That in the event the plants proposPd ~~ the ?0-foot landscape strip adjacent to
the arterial highway is depleted, this area shall ba planied with permenent landscaping and
maintained as stipulated to by the petitioner.
(12) That Condition Nos. 1, 2 and 5, above mentio~ed, shall be complied with prior t~
the commencement of the activity authorized under this ~esolution, or prior to the time tha.
the building permit is issued or withi~ a period of one y~ar from date hereof, whichever
occurs first, or such further time as the Planning Commission may grant.
(13) That Condition Nos. 3, 6,, 7, 8, 9 and 10, above mentioned, sliall be complied with
prior to finai building and zoni~g inspections.
THE FOREGOING RESOLUTION Ps si9ned and approved by me this 30th day of August, 1973.
~ O ~K/-~~'~.(.P G'lr~~LCti~/
~GHA~IR ~lN ANAHEIM CIiY PLANNING COMMISS
ATTEST
• ~f~ '
SECRETARY ANAHEI CITY PIANNING COMM15510N
STATE OF CALIFORiJIR )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Ann Krebs, Secretary of the City P9arrning Commission of the City of Anahe?m, do hereby
certify that the foregoirg resolution was passed and adopted at a meeting of the City
Planning Commission of the City of Anaheim~ heVd ~on August 20, 1973~ at 2:00 o'ciock P.M.,
by the following vote of the members thereof:
AYES: COMf115510NERS: ALLRED, FARkNO, 6AUER, HERBST, KING, $EY110UR.
NOES: COM1115510NER5: NONE,
ABSENT: COMI~IISSIONERS: NONE.
ABSTAIN: LOMINISSIONERS: ROWLAND.
IN WITNE55 WIIEREOF, I have hereunto set my hand th3s 3dth dsy of August, t973•
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SECRETARY ANAH,EIM C1TY PLANNING COMMISSION
RESOLUTION N0. PC73-192
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