PC 74-70RESOLU~N NO.
PC74-70 ~
A RESOLUTION OF THE CITY PLANNING COMt~lSSION OF THE CITY OF ANAI-IEIA1
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1458 BE GRANTED
WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition 1'or Conditional Usc Permit
Crom ARNO H. STOVALL, JR., 1475 Santa Margarita, Fallbrook, California 92028, Owner; and
J. KENT BEWLEY, 6217 Hill Avenue, Whittier, California 90601, Agent, ei• certain real
property situated in the City of Anaheim, County of Orange, State of California, described
as follows:
Begimting at the north quarter corner of Sectioa i4, Township 4 South, Range 11 West, SBM,
said north quarter corner being the center line intersection of Lincoln Avenue and Western
Avenue; thence along the east line of the northwest quarter of said Section, said east ~ine
beir~g the cenCer line of Western Avenue south 0° 16'' 25" east 201 feet; thence south 89°r
4l° ~9" west parallel with the north line of said Section 45 feet to the westerly right of
way line of Western Avenue, said point bein,~ .~e true point of beginning of this description;
thence south 0° 16° 25" P_ASC along said westErly right of way line 129 feet; thence ~outh
89° 41' 29" west parallel to said north line 295 feet; thence north 0° 16' 25" west parallel
to said east line 129 feet; thence north 89° 41' 29" easc parallel to said north line 295
feet to the true point of beginning.
;and
WHEREAS, the City Planning Commiaslon did hold a public hcadng in the City Hall in the Clty of AnaheIm on
April 1, 1974 at 2~ 0~ o'clock p.m., notice of said public liearing having been duly given as required by law and in
accordancc wtth the prnvisions of thc Anaheim Municipal Codc, Chaptcr 18.64, to hear und considcr evidcnce for and against said
proposed conditIonal use and to investigate and make findings and recommendations in connection thercwith; and
WHEREAS, said Commission; after due inspcction, lnvestigation, and study made by itself and in its bchalf, and after due
consideration of all evidenee and reports offered at sald hearir.g, does find nnd determine the following facts:
1. That the propased use is pr.opcrly one for whict~ a Condilional Use Pemiit is authorized by Code Sections 18.64.020
(3)(g) and 1~i:64.020(5), to-wit: to establish canaash and drive-in dairy, with wai•~ers of:
a. Section 18.40.07~(2j(ajb - Required landscaping setback adjacent to R-A Zone.
~ 10 feet required; 3 feer proposed)
b. Section 18.40.070(3)(a) - Maximum buildinR heiQht within 150 feet of R-A
Zone, ('S feet permitted; 15 feet proposed)
2. That the petitioner withdrew the request to eatablish a dr.ive-in dairy on a portion
of khe subject property.
3. That Waivers 1-a and 1-b, above-mentioned, are hereby granted on the besis that
the Aaaheim G~neral Plan designates the adjoining R A' parcel to the weat for General Coam~er-
cial zoning, in which instance said waivers would not be required. ~~
4. That the proposed use will not advcrscly affect the ndjoining land uses and thc growth and de~clopment of the area~rt
which it is proposed to be located.
5. Tliat thc size and shapc of the sitc proposed for the use is adequate to allow the full development of the proposed usc 1n a
manner not detrimental to ~he particular area nor to the pcacc, health, safety, and gencral welfarc of thc Citizcns of the City of
Maheim.
6. That the grantingof thc Conditional Use Pcrmit undcr thc conditions imposed, iC any, will not be detrimental to the peace,
hcalth, safety, and general wclfarc of the Citizens of the City bf Anaheim.
ENVIRONMENTAL IMPAC'T REPORT FINDIPIG:
That the Planning Commission recommends to the City Council that the aubject project be Qxempt
from the requirement to prepare an Environmental Impact Report purauant to the provisions of
the California Environmental Quality Act.
CI-G •1- RESOLUTION N0. PC74-70
DEV-66•O
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NOW, THEREFORE, BE IT RESOLVED thet the Aneheim City Plenntng Commission does hereby grent subject
Petition for Conditional Use Permit, apon the tollowing conditions whieh ere hereby found to be a necessary prerequisite
to the proposed use c[ the subject pcoperty in order to pceserve the sefety end generel weltace ofthe Citixens of the
Ciry oC Aneheim:
1. In the event that subject property is to be divi.ded for the purpoae of sale, lease,
or financing, a parcel map to record the approved division of subject property shall be sub-
mitted to and approved by the City of Anaheim and then be recorded in the Office of the •
Crange Connty Recorder as stipulated by the petitiorter.
2. That fire hydrants shall be installed and charged as required and determined to
be necessary by the Chief of the Fire Department prior to commencement of structural framing.
3. That subject property shall be served by underground utilities,
4. That drainage of subjec~ property shall be disposed of in a manner satisfactory tb
the City Engineer.
5. Thattrash storage azeas shall be ~rovided in accordance with approved plans on
file with the Office of the Director of Public Works.
6. That all. air-conditioning facilities sh.:il be properly shielded from view, and the
sound Uuffered from adjacent properties.
7, That subject property shall be developed aubstantially in accordance with plans
and apecifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2;' provided,
however, that the drive-in dairy proposed Por development on the westerly portion of subject
property shall be deleted, as same was withdrawn by the petiCLoner.
S, That Condition No. 1, above-mentioned, shall be complied with prior to the coffinence-
ment of the activity authorized under this resolution, or prior to the time that the building
permi~ is issued, or within a~eriod of one year from dete hereof, whichever occurs firet,
or such further time as the Planning Commission may grant.
9. That Condition Nos. 3, 4, S, 6, and 7, above-mentioned, shall be complied with
prior to final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and appmved by me thie lst ~lay of April~ 1974.
/%~4,~ ~! C-~'~~.t~w•'~_
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~ • '-, ~
SECRETARY ANAHEtM CITY PLANNiNG COMMISSION
STATE OF CALIFO4i3i~i }
COUNTY OF ORl+ivii'c~ ~ ss.
CITY OF ANAHEAN )
I, Patricia B. Scanlan,Secretary of the City Planning Commission oE the City of Anaheim, do hereby certi[y thet
the focegoing resolution was pessed and adopted et a m eetIng oEthe City Planning Commission ofthe City of Anehetm,
held on April 1, 1974 ~t 2:00 o'clorJc P.M., by the following vote of the members thereof:
AYES: COMMISSIONERS: COMPTON, FARANO, HERBST, JOHNSON, KING, MORLEY, GAUER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WI'E'NESS WHEREOF, I have hereunto set my hend this lst day of April, 1974.
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SECRETARY ANANEIM CITY YLANNING COMMISSION
C2-G .2_ RESOLUTION N0. PC74-70