Loading...
PC 79-101fiESOLUTION N0. PC79-101 A RE50!UTION OF TF;~ ANAHEIM CITY PLANt11HG LOFINISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1979 BE GRANTED WHEREAS, thc Anaheim Clty Planning Lommisslon did receive a verifted Petition for Conditional Use Permit from LANA CORPORATIOh, 984 Chestnut Street~ Escondido, Californla, 92025. owner, and LYNN THOMSEN, 43b South Euclid Street, Suite C, Anahelm, California 92802, agent, of certain real property sltua[ed in the Ctty of Anaheim, County of Orange, State of Caltfarnia, described as: PARCEL 1: That porcion of lot 40 of Anaheim Extenston, as shown on a Map of Survey by William Hamel, Decembcr 1868, filed in [he office of the County Recorder of Los Angeles County, California, a copy of which Is shown in Book 3. Page 163, and following entitled "Los Angeles County Maps", in the office of the Lounty Recorder of Orange County, Callfornia, described as follows: Begtnning at the Southeast corner of the land descrtbed in deed to the Anaheim School District of Orange County, recorded January 24, 1950 in book 1957~ page 518 6fftcial Records, betng a poln[ on the Southerly line of the land described in deed to Erwtn H. IJ. Kersten, and wife. rccorded June 4, 1948 In book 1647, page 173, Officlal Records, South 74° 41' 40" Nest 355.09 feet measured along said Iine and its Easterly prolongation fran the mo~umented center llne of Palm Avenue; thence North 15° 21' 00" 41est 215.20 feet parallel with the center line of North Citron Street along the Easterly line af sald land describcd in deed to the Anahelm School District of Orange Couniy to the Northeast corner thereof and [he true point of beginning; chence South 82° 35' 40" West 100,00 feet along the Northerly line thereof; thence North 15° 21' QO" ues[ to the center line of West La Palma Avenue, as shown on said map of Anahetm Extension; thence North 89° 39' S0" East along saId center Itne to the Northerly prolongatfon of the said Easterly line; thence South 15° 21' 00" West 108.42 feet along said prolongatlo~ and Easterly line to the true polnt of beginning. PARCEL 2: That portion of Lot 40 of Anaheim Extension, as shown on a Map of Survey by W111iam Hamei, December 1868~ fiied in the office of the County Recorder of Los Angeles County, California~ a copy of which is shown in book 3, page 163 and following, entitled "Los Angeles County Maps"~ in the office of the county recorder of Orangc Lounty, California, described as follows: Beginning at the Southeast corner of the land described in deed to the A~alietm School District of Orange County, recorded January 24, 1950~ In book 1957. Page 518 of Officlal Records, being a potnt on the Southerly llne of the land described in deed to Erwln H. W. Kersten, and wtfe, recorded June 4~ 1948 in book 1647, page 173 of Offictal Records, South 74~ 41~ ~0" West 355.09 feet measured along saTd line and its Easterly prolongation from the monumented center Ilne of Palm Avenue; thence North 150 21~ 00" West 215,20 PC79-101 feet parallel with the center line of Nor[h Lttron Street along th~ Easterly line of sald land described in deed to the Anahelm School Dtstrtct of Orange County to the Northeast corner thereof; thencc South 82~ 35' 40" West 200.00 feet to the true point of beginning; thence North 15~ 21' 00' West to the centerline of West La Palma Avenue as shown on said map of Anahcim Extension; thence Sou[h 89° 39' S0" ~est along said center line to [he Northerly prolongation of the Westerly line of satd Anaheim School District land; thence South 15° 21' 00" East 160.01 fee[ to the Northwest corner thereof; thence North 82° 35' 40" c'ast 148.14 feet to the true point of beginning. PARCEL 3: That portion of Lot 40 of Anaheim Extension, as shown on a Map of Survey by Wililam Hamel, December 1868, filed In the office of the County Recarder of Los Angeles County, Californla, a capy of which is shown fn book 3, Page 163 and following, entitled "Los Angeles County Maps", in the office of :he Cuunty Recorder of Oran9e County, descrtbed as follows: Beginning at the Southeast corner of the land described tn deed to the Anaheim School District of Orange County, recorded January 24, 1950 in book 1957, page 518 of Official Records of said Orange Lounty, befng a point in the Southerly line of the land described in dced to Erwtn H. W. Kersten, and Wife, recorded June 4, 1948 in book 16t~7~ page 173 of said Official Records, discan[ Sou[h 74° 41' 40" West 355•~9 feet measured along said ll~e and tts Easterly prolongation fran the monumented cenierline of Paln Avenue; thence North 15° Z1' ~0" West 215.20 fcet, parallel wtth thc centerilne of North Ci[ron Street, alon9 che Eastcrly line of said land descrtbed in deed to the Anaheim School District of Orange Lounty to the Northeast corner thereof; thence South 82° 35' 40" West 100.0A feet along [he Northcrly line of sald last mentfoned land to the True Poin[ of Begln~ing; thence continuing along said Northeriy ifne South 82 35' 40" West 100.00 feet; thence North 15° 21' 00" West to the centerline of West La Palma Avenue as shorm on said Hap of Anahelm Extension; thence North 89° 3°.' SO" Eas[ along s~id centerline to a line LhaL bears 4orih 15° 21' 00" ucst fror,i the Truc Polnt of Beginning; thence along said line South 15° 21' 00" East to [he True Point of Begfnning. WNEREAS, the City Planning Commission did h Nall in the City of Anaheim on May 21. 1979, at 1:30 hearing having been duly gfven as required by provisions of the Anaheim Muntcipal Code, Chapter evidence for and against sald proposed conditlonal findings and recortmendations tn connec[ton therewi[h; old a public hearing at the City p.m., notice ~f sald public law and in accordance with the 10.03. to hear and consider use and to Investigate and make and WHEREAS, said Commission, after due inspectlon, Investlgatlon and study made by itself and in lts behalf, and after due conslderation of all evidence and reports offered at said hearing, does find and det~rmine the foltow(ng facts: 1. That the proposed use Is properly one fo~ wfiich a conditional use permit is authorized by Anaheim Municipal Code 18.44.050.280 to wit: [o permit a ~acquetball facility with a waiver of: -2- PC79-tot SECTION 18.44.064.012 - Re ulred tree screen. recs on 20- oot centcrs requlred; none proposed 2, That the requested waiver is hcreby granted on the basis that thc adJacent property to the south Is developed with a public school playground, aithough it Is zoned resldentlally, and that the adJacent property to [he east is developed with carport w~lis abutting the property linc and, therefore, the required tree screen would not provide any needed screening. 3. That the proposed use will not adversely affect the adJoining land uses and the growth and development ot the area in which it is proposed to be located. 4. That Che size and shape of the site proposed for the usc is adequate to allow the full development of the proposed use fn a manner not detrimental to the particular area nor to [he peace, health, safety. and general welfare of the Litizens of the ~ity of Anaheim. 5. That the granting of the Conditional Use Permii under the conditlons imposed, if any, will no[ be detrimental to [he peace, heal[h, safety and general welfare of thc Citizens of [he City of Anaheim. 6. That no one indicated the(r presence at said public hearing in opposition; and that no correspondence was received in opposi[ton to Che subJect petition. ENVIRQNMENTAL INPACT FINDING: That the Anahein Clty Planning Carontssion has reviewed the proposal to permit a racquetball facllity wtih waiver of required tree screen on an irregutarly shaped parcel of land consisting of approximately 0.6 acre having a frontage of approximately 355 feet on thc south side of La Palma Avenue, having a maximum depth of approximately 107 feet. and being located approximately 365 feet west of the centerl(ne of Harbor Boulevard; and does hereby approve the Ne9ative Declaration fran the requtrement to prepare an envlronmental impact report on the basis that there would be no signiffcant individual or cumulattve adverse environmental imoact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commerctal land uses commensurate wlth the proposal; thai no sensttive enviro~mental impacts are invoTved in the proposal; that the Inttfal 5[udy submitted by the petltioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing ftndings is on file in the City of Anahe3m Planning Deparcmen[. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannin9 Commission does hereby grant subJect Petitlon for Condittonal Use Permit, upan the following conditions which are hereby found to be a necessary prerequlsite [o the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the City of Anahelm: 1. That the ovrne~(s) of subJect property shall deed to the City of Anahelm a strip of land 53 feet in width from the centerline of the street along La Palma Avenue for street widening purposes. -3- PC79-tot 2. That all enyineering requtrements of the City of Anaheim, along La Palma Avenue, including preparation of improvement plans and instaliation of all improvements such as curbs and gutters, sidewatks, street grading and paving, drainage facilf:~es, or other appurtenant work shall be compiied wi[h as required by the City Engineer and in accordance wich specificatfons o~ fite in ~he Office of the Lity Engineer; and/or that a bond, cer[ificate of deposit, letter of credit, or cash, in an amount and fe~m satisfactory to the City of Anaheim shall be posted with the Lity to guarantee the tnstallation of the abovc-mentfoned requirements prior to occupan q . 3. That a perpetual easement agreement with [he owner of the property to the west, providing for circula[ion of crash trucks frcxn one parcel to the other, shall be submitted [o Che Ctty Attorney's Office for review and approval; a~d shall then be filed and recorded (n the Office of the Orange County Recorder. 4. That the owner(s) of subject properiy shall pay to the Lity of Anahetm a fee, in an amoun[ as determined by [he Clty Council, for [ree planting purposes along La Palma Avenue. 5. T~sit trash s:orage areas shall be provided in accordance with approved pians on file with [he Office of [he Dfrecior of Public Norks. G. That subject property shail be served by underground utilities. 7. That drainagc of subject propcrty shall be disposed of in a manner satisfactory [o the City Engineer. 8. That the owner(s) of subJecc property shall pay to the City of Anaheim a fee, in an amount as de[ermined by the Li[y Louncil, for strect 1i9hting along La Palma Avenue. 9, That the prroposed racquetbali facii(ty shall comply wi[h all signing requirements of the CL (Commercial, Limited) Zone. i0. Tf~at subject property shall be developed substantially (n accordance with plans and specifications o~ file with the Gity of Anaheim marked Exhibic Nos. 1 and 2. 11. That Condition Nos. 1, 2, 3, 4 and 8, above-men[ioned, shall be cortpited Hith pr(or to the comnencement of the activity authorized under this resolution, or prior to the time that the buiiding permit is issued, or within a perfod of one year from date hereof~ Nhichever occurs first, or such further time as the Pianning Comnlssion may grant. 12. That Condition Nos. 5. 6, 7 and 10, above-mentio~ed, shall be complied with prior to flnal building and zoning inspections. BE !T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and dcte rtntne [hat adop[ton of this Resolution is expressly predicaYtd upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of a~y caurt of competent Jur(sdiction, then this Resolution~ and any approvals herein w ntained, shall be dec~ned null and votd. -4- PC79-lol ~. ` i . t TNE FOREGOING RESOLUTION is signed and approved by me this 21st day of May, ~979. A I RMAN, ANAH I LANtI IIG COMM I S I ON ATTEST: `~~ ~ ~. ~ECREf`~AR , NAHEIM CI7Y PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L, Harris, Secretary of the Anaheim City Planning Commisston, do hereby certify that [he foregoing resolutlon was passed and adopted at a meeting of the Anaheim City PlannTng Cortmissfon held on May 21, 1979, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES. BUSHORE, DAVID. HER857~ JONNSON, KING, TOLAR NOES: COM!IISSIOtIERS: NONE ABSENT: COMMISSIONERS: NONE IN NITNESS 41HEREOF, 1 have hereun[o set my hand this 21st day of May, 1979. ~cLtSl. ~ ~` SECRETARY, ANA EIM C~7Y PLANNING CONMISSION -S- PL79-101