PC 76-69~
J
RESOLUTION N0. PC76-6A
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A RESOLUTIOt~ OF THE CITY PLANNING C011MISSION OF THE CITY OF A~~AHEIH
THAT PETITlOtJ FOR COt~DIT10NAL USE PERMIT NQ. 1607 BE DENIED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petitton for Conditional Use Permit from JOHt7 AZIZIAN, E+331 Innsdale Drive,
Hollywood, Callfornia 90~F~ (6wner); BILL MC It1TOSH, 421 5. Brookhurst Street,
Anaheim, California 9280<< (Agent) of certain real property situated in the City of
Anaheim, County ef Orange, State of California described as:
PARCEL i: The North 7~ feet of the South 140,0~ feet of the East 3.°•~•`~' feet ~f
that portion of Section t~i, in To~anship 4 South, Ranpe 10 41est, in the Rancho Los
Coyotes, City of Anaheim, as said section is shown on a map thereof recorded in
book 51, Page 10 of hiiscellaneous Maps, records of said Oranqe County, descrihed
as fcllows:
Beginning at a point on the East line of said Section 18, North 5~•~~ chains from
the Southeast corner of said S,.ction; thence West 3.77 chains; thence North tl.bl
chains; thence East 8.77 chains; thence South 11.41 chains to the point of
beginning.
PARCEL 2: An easement for private roadway, oipelines, telephone, gas and
electric lines over a strip of land 40 feet wide, over the center tine of said ~FO
foot strip is described as follows:
Commencing at a point in the center line of Broad~~~ay (said Broadway being 40 feet
in oiidth) 39~.82 feet West, measured along the center line of Broadway, from its
intersection with the ce~ter line of Brookhurst Avenue; and running thence South
593 feet to a point designated "X".
There shall be included with and as a part of said roadway that land within a
circ',e having a radius of 35 feet and with the center of said circle at said
point uvii~
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on April 12, 197fi, at 1:3n o.m., notice of sald public
hearing having been duly given as required by laiv and in accordance with the
provisions of the Anaheim t1unicipal Code, Chapter 13.D3, ta hear and consider
evidence for and against said proposed conditional use 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 consideratlon of all evidence and reports
offered at said hearing, does find and determine the fo9lowing facts:
1, That the propased use is properly one for which a conditional use
permit is authorized by Code Sectian 1~1.44.05~.~~+~, t~ ~~it: permit a modeling studio
limited to persons 18 years af aae or older.
2. That the subJect property is located in the immediate vicinity of a
church and schools, and a significant number of chil~lren walk past the sub.ject
property almost daily;, and, therefore, the proposed use is determined to be
incompatible with the surrounding neighborhood.
3. That the proposed use aiill adversely affr.ct the adJoinina land uses and
the growth and development of tl~e area in which it is pronosed to he located.
4. That the size and shape of ttie site proposed for the use is not
adequate to allow the full developnenC oP the prop~sed use in a manner n~t
detrimental to the particular area nor to tfie peace, health, safety, a~d genPral
welfare of the Citizens of the City o` Anaheim.
5, That the granting of the Conditional Use Permit will be detrimental to
<the peace, health, safety and general o~elfare ofi the Citizens of the City of Anaheim.
6. That the sub]ect proposal was heard pursuant to an advertised notice of
public hearing for which the petitioner did not reqs!sst a continuance, nor was the
petitioner represented at sald public hearing; however, three persons appeared at
RESOLIIT I ON N0. PC7h-64
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~' said public hearing~ representing approximately nine persons present in opposition~
who were property owners and residents in the surroundtng area.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of the Planning Oepartment has determined that the
proposed activity falls within the definition of Section 3.01, Class 1, of the City
of Anaheim Guidelines to the Requirements for an Environmental ~mpact Report and is,
therefere, categorically exempt from the requirement to file an EIR.
IJOW, THEREFORE, 4E IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subJect Petition for Conditional Use Permit on the basis of the
aforementioned findings.
THE FOREGOING RESOLUTIOt1 is signed and approved by me thi~ 12th day of
April, 1976.
/ ~
CHAIR"1 N~ At~At1EIH CITY PLAND7ING COMNISSION
ATTEST:
~~~ ~,~~.~
SECRETARY, ANAN[ IM C ITY F'LAN;J I ~JG COHH I SS I O~d
STATE OF CALIFORNIA )
COUPITY OF ORANGE )ss.
CITY OF ANAHEIM )
i, Patricia B. Scanlan, Secre:ary ~f the City Planning Commisston of the
City of Anaheim, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Lity Planning Commission of the City of Anaheim, held on
April 12, 1976, at 1:30 p.m., by the following vote of the memhers thereof:
AYES: COMMISSIONERS: BARNES, HERBST, JOHNSOP~, KING, NORLEY, TOL.4R, FARAM1O
NOES: COMMISSIONERS: NONE
ABSEt~T: CQI1MISSIONERS: NONE
IN WITt~E55 WNGREOF, 1 have hereunto set my hand :his ?2th day of April, 197F
~, ~,6 .~~.-P~.~/
SECRETARY~ ANAf1EIM CITY PLANNING COMMISSION
-2- RESDLUTION N0. PC76-(~9