PC 79-2RESOLUTION N0. PC74-2
A RESOLUTION OF THE ANANEIM CITY PLANNIIJG COHMISSION
THAT PETITIOtJ FOR CONDITIONAL USE PERMIT N0. 1926 BE GRANTED, IM PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Londittonal Use Permit from B~LA FAMILY TRUST, 761 Teako~od Avenue, La
Habra~ California, 90631, owner, and FRANK A. AND RUTH BILA, 1511 East Lincoln
Avenue, Anaheim, Callfornia 92805, agent, af certain real propcrty situated in the
City of Anaheim, County of Orange, State of California, described as:
Lot 5 of Tract 1428 as per map recorded tn book 47 pages 8-~'I
inclusivc o` miscellaneous maps in the offlce of the county
recorder of said county.
NHEREAS, the City Ptanning Commission did scheduie a public hearing at the
City Ha11 fn the Ctty of Anaheim on January 3. 1979, at 1:30 p.m.~ notlce of safd
pubitc hearing having been duly given as required by law and in accordance with the
provlsions of the Anaheim Municipal Code, Lhapter 18.03, to hear and corssider
evidence for and against said proposed conditional use anJ to investiga[e and make
findtngs and recommendations !n connection therewith; said public hearing having been
co~tinued to Lhe Planning Commission meeting of December 19, 1978; and
WHEREAS, said Camission, after due inspection, investigation and s[udy made
by i[self and in fcs behalf, and after due consideration of ail evtdence and reports
affered at said hearing~ docs find and determine the followi~g faccs:
i. That the proposed use is properly one for r~hich a conditional use
permit is authorized by Anaheim Municipal Code Section 18.41,050.130 to wit: to
permit office uses in a residential stru~ture wlth walvcrs of:
(a) SEGTION 18,41,050.135 ~ Location of arktn s aces.
ark ng spaces must be ocated to the
rear of structure; two spaces located
Tn ~ront of structure)
(b) SECTION 18.41,050.137 - Maximum st n are:,.
s uare eet permitted;
square eei proposed)
2, That the proposed use ts hereby granted on the basis that other
residential structures in the area along Lincoln Avenue have been converted to
commercial and office uses.
3. That the proposed walver (a) is hereby granted~ In p~rt. to permit only
one parking space to be located in front of the structure and elimtnating the parkTng
space identifled as No, 1 on Exhibit 1; that landscaping shall be tnstalled In the
approximately 25 fooc wide setback area betrreen the original garage and Lincoln
Avenue from thc xest property line to Larch Street and the asphalt paving in that
area shall be removed; and that this waiver ts granted~ in part, on the basis that
Pt79-2
denial would be depriving this property of a privtiege being enjoyed by other nearby
properties which have limited parking in the front setback.
4. That the proposed waiver (b) is hereby granted, in part, to permit an •
18 square foot sign, on the basis that denial rbuld be depriving thts property of a•
privi!ege being enJoyed by other properties in the area which have similar signs.
5, That the proposed use, as granted, will not adversely affect the
ad}oi~ing land uses and the growth and development of the area in whlch it is
proposed to be located.
6. That the size and shape of the site proposed for the use, as granted,
is adequate to allow the full developmeni of the proposed use in a manner not
detrimental to the particular area nor to [he peace, health, safety, and general
welfare of the Citlzen~ of the Cicy of Anaheim.
7, That the Conditional Use Permit, as 9ranted, and under the conditions
imposed, wlll not be detrimental to the peace, health, safety and general welfare of
the Citizens of the City of Anaheim.
$, That no one indicated their presence at said public heartng In
opposition; and tha[ no correspondence was received in opposl[ton io the subject
petitio~.
ENVIRONMENTAL IMPALT FINDING: The Planning Director or his authorized
representative has decerm ned that the proposed proJec[ falls wtthln the defin(tlon
of Categorical Exemptions, Class 1, as deflned in Paragraph 2 of thc Clty of Anaheim
Environmental Impact Report 6uidelines and is, therefore, cate9orlcally exempt from
the requlrement to prepare an EIR.
NOW, TNEREFORE. BE IT RESOLYED that the Anaheim Clty Ptanning Commission
does hereby grant, in part, subject Peticlon for Condtttonai Use Permit, upon the
foiloaing conJi[ians .rhlch are herehy found to he a necessary prerequlslte [o the
proposed use of the subJect propcrty in order to preserve the safety and genera~
welfare of the Litizens of the Clty of Anaheim:
1, That the owner(s) of subject property shall deed to the C(ty of Anaheim
a strip of tand 53 feet In width from the centerlTne of the street, including 15 foot
property llne radlus. alon9 Lincoln Avenue for street widening purposes.
2, That the owner(s) of subJect property shall pay the traffic signal
assessment fee difference between residential and commercial use amounting to S180.00
per 1000 square feet or fraction :hereof prior to [he issuance of a bulldi~g permit
and as adopted by the City Council.
3, That the existing structure shal) be brought up to the mTnimum
standards of the City of Anaheim~ I~cludtng the Uniform Buitding. Plumbing,
Electric~l, Mechanical and Ftre Codes as adopted by the City of Anaheim.
4. That the existing drfveway approach to Lincoln Avenue shalt be ranoved
and replaced with standard curb, gutter and sidewalk in accordanr.e with standard
plans and speciflcations on file in the offlce of the C'ty Engineer.
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5, That subject property shall be developed substantlally in accordance
with plans and specifications on file with the City of Anahelrn marked Reviston No. i
of Exhibit No. 1.
6. That Condition Nos. 1 through 3. above-mentioned~ shall be complied
with prior to the cammencement of the acttvlty authorized under this resolutlon, or
prior to the time that the building permtt is issued, or within a period of ni~ety
(90) days from date hereof, whichever occurs flrst, or such further time as the
Planning Commission may grant.
7, Tha[ Condition Nos. 4 and 5, above-mentioned, shall be complled with
prior to final building and zoning tnspections.
BE IT FURTNER RESOLVED that the Anahelm City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each a~d all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared tnvalid or unenforceable
by the final Judgment of any court of competent Jurisdiction, then this Resolution,
and any approvals herein contalned, shall be deemed null and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of
January, 1979.
C IRMAN, A IM LITY PLANNIHC COMMISSION
ATTEST;
~,.~ .
SECRETARY, At~AHfIM CITY LANNING COMMISSION
STATE OF CP.L!FOaN~A )
COUNTY OF ORAIiGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris, Secretary of the Anaheim City Planning Lommission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahetm City Planning Commission held on January 3, 1!379, at 1:30 p.m „ by the
foilowing vote of the members thereof:
AYES: GOMMIS510!JERS: BARNES~ BUSHORE. DAVID. HERBST, JOHNSON, KING. TOIAR
ti0E5: COMMISSIf~NERS: NOHE
ABSENT: COMMISSIONERS: NONE
1979.
IN 'dITNE55 WHEREOF~ I have hereunto set my hand this 3rd day of January.
~~ ~ ~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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