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RESOLUTION U0. PC79'~z9
A RESOLUTION OF TH[ At1ANEIM CITY PLAFINING COHNISSION
TI1AT PETITICtI FOR LONDITIOtJAL USE PERMIT ND. 1972 BE GRA~7TED.
~lf1EREAS, thc Anaheim City Planning Lommission did receive a verifted
petition for Conditional Usc Permit from ALFRED D. PAINO AND JOSEPHINE PAI~lO, 711
South 8each Ooulevard, Anaheim, Californta 92804, owners, and G. D. GARDNER b
ASSOCIATES~ 2404-8 Glassell S[reet, Orange, California 92b65. agent, of certatn real
properiy situated in the City of Anahein, County of Orange, State of Callfornia,
described as follows:
That portion of the Northeast quarter of the Southeast quarter of
Section 14, in Township !s South, Range 11 Wes[, in the Rancho los
Coyotes, shown as Parcel 6 on a Map recorded in Boo~ 12, page 34
of Parcel Maps, records of said Orange County.
NIIEREAS, the Gity Planning Commission did schedule a publtc hearing at the
Cfty Hall in the City of Anaheim on yay 7, 197?, at 1:30 p.m., nocice of said public
hearing having been duly givert as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapier 18.03, to hear and cor.sider
evidence for and against said proposed conditional use and to investigate and make
findings and recommendations in connectlor~ therewf[h; said public hearing having been
continued to the Planntng Commission meeting of July 2, 197?; and
WlIEREAS, said Cortmission after due inspr.ction, investigation and study made
by itself and in its behaif, and after due consideration of all evidence and reports
offered ~t said heartng, does find and determine the following facts:
1. Tha[ the proposed use is properly one for which a condittonai use
permit is au[horized by Anaheim Municipal Code Section 18.Q3.030.0?0 and
18.44.050.280 to wit: to permit a batting cage and recreatlonal complex with waiver
of:
SECTION 18.44.062.011 - Maximum structural heiqh[.
2[0 33 cei perm tte wi[hin
[o fee[ of single-family residential zoning;
20 [0 40 feet proposed)
Z. That [he proposed walvcr ts hereby granted for the batting cage on the
basis that the proposed use is unique and strict application of the 2oning Code would
deprive the property of a recreatlonal function which has been located in tnts
general vicinity for a tong ctme.
3. That the proposed use is hereby g~arsted subject to the petttioner's
sttpulation at the publfc hearing that the cen[er supporting pole of the batting cage
shall be thirty (30) fee[ high raCher than forty (40) feet as shown on the plans.
4, Tha[ [he proposed use will not adverscly affcct the adJoining land uses
and the grow[h and development of the area in which tt Is proposed to be located.
PC79-129
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5. Tha[ the size and shape of the st[e proposed for the use ts adequate to
aliow the full development of the proposed use in a manner not detrimental to the
partlcular area nor to [he pcace, heaith, safety, and general wPifare of the Citizens
of the Clty of Anaheim.
G. That the granting of the Conditional Use Permt[ under the conditions
imposed, if any, will not be detrimental [o the peace, health, safe[y and general
welfarc of thc Citizens of the Cfty of Anaheim.
7. That the [rafflc generated by che proposed use wiil not impose an undue
burden upon the streets and hightirays designed and improved to carry the trafflc fn
[he area.
$. That no one indica[ed thefr presence at said public hearing in
opposition; and tlia[ no correspondence was received in oppositfon to the subJect
pe[ition.
E~,VIFOt~MEtJTAL IHPACT fIt~D1YG: Tha[ thc Anaheim City Planning Cortmisston has
reviewed the proposa Co rec ass y subject property from CL (Lamnerctal, Llmited) to
RS-7200 (Resldential, Singie-Family) zorina and to establish two resldenCial lots
with waivers of maximum wall heigti[ and minimum lot area on Portion A of subJect
property conststing of approximately 0.3 acre, having a frontage of approximately 140
fect on the east side of Hayward 5[ree[, having a maximum dep[h of approximately 100
feet and befng locateJ approximately 1190 feet south of the centerline of Orange
Avenue; and to permit a battin9 cage and recreational complex with a waiver of
maxtmum structurai height on Portion B of suhject property conslsttng of approximately
1.0 acre, havin9 a frontage of approximately 140 feet on the west side of Seach
Boulevar~', having a maxtmum depth of appro~imately 3Q2 feet, befng located
approximately 1190 fect south of the centcrline of Orange Avenue, and does hereby
approve the Hegative Declaratlon from thc requirement to prepare an env(ronmental
impact report on the basis that there arould be no significant individual or
cumulative adverse envirenmental impact due to the approval of this Negatfve
Declaration since the Anaheim General Pian designates the subJect property for medium
density residentlal and general commercial land uses commensurate with the proposal;
that no sensitive environmental fmpacts are involved fn the proposal; that the
lnlLia! Study subnitced by Che Feti[ioner indica[es no significant indivfduaf or
cumulatlve adverse environmental impac[s; and that the Plega[ive Declaration
substan[iating the foregoing findings (s o~ file in the City of Anaheim Plannfng
Department.
N04t, THEREFORE, BE IT RESOLVED that [he Anahelm Ctty Planning Commisslon
does hereby gran[ subJect Petitlon for Condi[lonal Use Permit, upon the followtng
conditions which are hereby found to be a necessary prerequlsite to the proposed use
of thc subJect property in ordcr to preserve the safety and general welfare of the
Cltizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for commercial buildings prior to the issuance of a buildiny permit.
2. 7hat [rash storage areas shall be provided in accordance wtth approved
plans on file rrtth the Office of the Director of Pubilc Works.
-2- PC79-t2g
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3. In the event ihat subject property is to be divided for the purpose of
sal~, lease, or financing, a parcel map, ta record the approved dtvtsfon of subJect
pruperty shai) be submltted to and approved by thc Ltty oT Anaheim and then be
recorded in the offfce of the Orange County Rec~rder.
4. That the owner(s) of subject property shall submit a letter requesting
termination of Variance No. 2j£30 and Conditionai Usc Permit ~lo. 1235 to the Planning
Department.
5. That street ligh[ing facilities along Qeach Boulevard shall te
installed prior to the final building and zoning inspecttons unless otherwise
approved by the Director of Public Utilities, and in accordance wi[h speclficatTons
on file in the Office of the Dtrector of Public Utilities; and/or that a bond,
certificate of deposit, letter of credit, or cash, in an amouni and form sattsfactory
to the City of Anahelm shall be posted with the City to guarantee [he installation of
[he above-mentioned requirem~nts prior to occupancy.
6. Tha[ subJect property shall be developed substantially in accordance
with plans and specifications on file wfth the City of Anahein marked Exhibit Nos. 1
and 2 and 3(Revision No. i); provided~ however, tha[ the max(mum hefght o` [he
central supporting pole of the bat[ing cage shall not er.ceed thirty (30) fee[.
7. That the proposed recreational complex shali comply with all signing
requirenen[s of the CL (Commercial, Limited) Zoning.
8. That Condltion Nos. 4 and 5, above-mentioned, shall be complied with
prior to the camencement of the activtty authorized u~der this resolution, or prior
to the [ime that the building permit is issued, or Mrithin a pertod of ~ne year from
date hereof, whichever occurs first, or such further time as the PlannTng Camnission
may grant.
9. That Condition Nos. 2 and 6, alwve-mentione<I, shall be complied with
prlor to final building and zoning inspections.
BE IT FURTHER RESOLVEO that the Anaheim Clty Planning Camntssion does he~eby
find and Jetermine chat adoption of this Resolution is expressly predicated upo~
applicant's compliance wtth each and all af the condttlons hereinabove set forth.
Should any such condi[ton, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any cour[ of compe[ent jurtsdiciion, then this Resolution,
and any approvals herein contatned, shall be deemed null and void.
TNE FOREGOl19G RESOLUTION is slgned and approved by mc this 2nd day of July,
1979.
CHA R N, NAH I LAN ING C0i1'1 SS ON
ATTEST:
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SECRETARY, ANAHE111 LITY PLANNItIG COMHt5SI0N
-3- PC79-~29
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S7ATE OF CALIFORNIA )
COUNTY OF ~RANGE ) ss.
GITY OF A~JAHEIH )
I, Edith L. Harrls, Secretary of the Anahefm City Ptanning LommissTon, do
hereby certify [hat ihe foregoing resolution was passed and adop[ed at a meetTng of
the Anaheim City Planning Commisslon held on July 2, 197g, by the foilowing vote of
the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, FRY, IIERE35T, KING, TOLAR
NOES: LOMMISSIONERS: BUSHORE
ABSENT: COMMISSIONERS: NONE
Itd ~l~TNESS IJHEREOF. I have hereunYo set my hand thts 2nd day of July, 1979.
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SECRET/,RY, ANANEI!1 CITY PLANNING COMMISSION
-4- PC79-~29
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF A!lAt1EIH )
i, Edith L. Harris, Secretary ~f the Anaheim City Planning Commission~ do
hereby certify tha[ the foregoi~g resolution was passed and adopted at a meetTng of
the Anaheim City Planning Commissfon held on July 2, 1979. by the followtng vote of
the members thereof:
AY~S: COMNISSIQ~~ERS: BARNES, DAVID, FRY, HERf35T, KING~ T0111R
NOES: COHMISSIONERS: BUSHORE
ABSENT: COMMISSIONERS: NONE
iN 1JITNE55 WHEREOF, I have hereunto set my hand this 2nd day of July, 1979.
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SELRETARY, ANAtiEIM CITY PLANNING CONHISSICN
-q- PC79-12~