PC 73-239~. ~
RESOLUTION N0. PC73-239
p RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR CONDITIONAL USB PERMIT _1_t2$-BE :GRANT~D IN PART
WHEREAS, the City Planning Commission of the City of Anaheim did receive a vecified Petition Eor Con-
ditional Use Permit Erom JOANN~ S. HEYING, in care of Arno Heying, 2888 - 116 Iris Avenue,
San Diego, Cslifornia 92154, Owner; ANN T. MADISON, Mndison Real Estate, Incorporated,
6~0 South Harbor Boulevard, Anaheim, California 92805, Agent of certain real property
situaCed in the City of Anaheim, Caunty of Orange, State ox California, described as
Lot 1 in Tract No. 416, Palomar Tract, as per map recorded in Bobk 15, Page 40 of Mis-
cellaneous Maps, in thc: office of the County Recorder in said county
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WHEREAS, the City Planning Commission did hold a public hearing at the CityHall in the City of Anaheim
on October 29, 1973, at 2:00 o'clock P.M., notice of said public heacing having been duly given
as requiced by law and in accordance with the provisions oEthe Anaheim Municipel code, Chapter'!8.64,to hear
and consider evidence Eor and ageinst said proposed conditionel use and to investigate and make findings and
recommendations in conneciio~t therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its be-
half, and after due consideration of all evidence end repods offered et seid hearing, does find and determine the
following facts:
1. Thet the proposed use is properly one for which a Condilional Use F'ermit is authorized by Code Section
18.38.040(3) to wit: establish an office in an existing residence with waivers of:
(a) SECTION 18.38.050 2 Sn-1.) - Minimum side vard setback. (10 feet required;
3 feet and 4 f.eet proposed)
(b) SECTION 18.38.050(3)(A~_ - Maximum building height within 300 feet of a
residential zone. (1.5 feet and 2 feet requir.ed;
16 feet proposed)
(c) SECTION 18,38.050(6) - MasonrY wall abutting residential zone. (6 foot
high solid masonry wall requi.red; ~o fence and
a picket fence proposed)
(d) SECTION 18.38.050(8) - Trash enclosure area, (Trash enclosure area
to meet City standards required; proposed
trash enclosure aree dces not meet City stand-
ards)
(e) SECTION 18.38.040 3 EZ - Vehicular access dedication. (Vehicular access
rights abutting arterial highway required to
oe dedicated to City; proposed to retain exi~t-
ing vehicular driveway from an a=teri2l high-
way)
2, That Waivers 1-a and 1-U, above mentioned, are hereby granted on the basis that
the proposed use is being established in an existing structure and the site development
standards of the C-0 Zone is gener.ally applicable to new development.
3. That Waiver 1-c, above mentiQned, is hereby denied on the basis that the pruperties
to the north and south of the subject proposed use are being utilized for residential pur- ~
poses and-shonld be afforded privacy and protection from intrusion of cocmnercial use~.
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4. That Waiver 1-d, above mentioned, is her~by denied on the basis that Sanitation
officials have indicated alternate solutions'are possible due to the minimum amounC of
trash that will be generated.
5. That Waiver 1-e, above mentioned, is hereby denied on the basis that vehicular
access right~ to Harbor Boulevard should be dedicated in conformance with the requested
zoning and approved area development plaa; and that a temporary waiver to the dedication
request may only be granted by the City Council.
6. That the proposed use, as granted, will not adversely affect the adjoining iand
uses and the growth and development of the area in which it is proposed to be located.
7, That L-he size and shape of the site proposed for the use, as granted, is ade-
quate to allow the full development of the proposed use in a manner not detrimental to
the particular area nor to the peave, health, safety, and general welfare of the Citizetts
of the City of 9naheim.
8. That the granting of the Conditional Use r~~it 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 Anahexm.
9. That two persons appearedy in opposition, representing three persons present
in the Council Chambers.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Planning Commission, in r.onnection with au Exemption Declaration Statt~s request,
finds and determines that the proposal would have no significant environmental impact and,
therefore, recommends to the City Council that no Environmental Impact Statement is neces-
sary.
N1QW~aTtiI~EREPORE, BE IT RESOLVED that the Anpheim City Planning Commission does hereby
grant/sub ect Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subjece rrope•tty
in order to preserve the safety and general welfare of the Citizens of the C:Lty o~ Anaheim:
(1) That the owner(s) of subject property shall pay to the City of Anaheim t~i~ sum
of $2.00 per front foot along Harbor Boulevard for street Lighting purposes.
(2) That the vehicular access rights,.except at stYeOt and/or alley open~nga, shall
be dedicated to the City of Anaheim.
(3) That the owner(s) of subject property shall deed to the City of Anaheim a strip
of land 12.5 feee in width from the centerline of the a1:Ley for alley widening purposes
in accordance with Area Development Plan No, 24.
(4) That trash storage areas shall be provided in ~accordance with approved plans on
file with Che office oi the Director of Public Tdorks.
(5) That the existing structure shall be brought up to the minimum standards oP the
Ciky of Anaheim, including the Unif.orm Building, Plumbiiig, EYectrical, Housing, Mechanical
and I'ire Codes, as adopted Uy the City of Anaheim.
(6) That a six-foot masonry wall shall be constructed along the north and south
property lines.
(7) That this conditional use permit is granted s~bject to the completion of Reclassi-
fication No, 65-66-59(2), now pending.
(S) That subjecC property shall Ue developed substantially in accordance with plans
and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2.
(9) That Condition Nos. 1, 2, 3, 4, .i, 6, and 8, above mentioned, sha1L be complied
with prior to the commencement of the activity authorized under this resolution, ur prior
to the time that the building permit is issued, or within a period of one year from date
hereof, whichever occurs first, or such further time as the Planning Commission may grant.
TIiE I'OREGOING RESOLUTION is signed and approved by me this 8th day of November, 1973.
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CHAIRMAN ANAAEIM CITY LANNING COMMISSI ~
RESOLUTTON N0. PC73-239
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ATTEST:
~iJ~t.~ %~~~LPi(/'!~1
SECRETARY ANAHEIM C TY PLANNING COMMISSION
STATE OF CAI,IFORNSA )
COUI~TY OF ORANGE ) ss.
CiTY OF ANAAEIN. )
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I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do
hereby certify that the.foregoing resolution was passed and adopted at a meeting of the
City P1Enning Commission of the City of Anaheim, held on October 29, 1973, at 2:00 o'clock
P.M., by the following vote o£ the members thereof:
AYES: COMMISSIONLRS: GAUER, HERBST, KING, S~YMOUR.
NOES: COMMISSIONERS: FARANO, ROWLAND.
ABSENT: COMbIISSI0NER5: i~LLRED.
IN WITNESS WHEREOF, I have hereunto ~et my hand this 8th day of November, 1973.
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SECRF'~ARY ANAHE CITY PLANNING COMLiISSION
RfiSOLUTION N0. PC73-239 -3-