PC 80-107R[SOL~1T10'! N0, PG'~7-1~7
A RESOLUTIO': OF THE AP!/111C1!! CITY PLAtJt11~IG CO!+!!I5S10?1
TIi~,T PET IT I orl FO(t COPID IT I OrtF,!_ !1SE P[R~! I T!J0. 2.0~ ; aE r,RAtITED
WNEREAS, the Anaheim City Planning Commission did receive a verified
Pet i t i on for Cond i t i ona 1 Use Perr~ i t f rom PlELSOP! C/1SA~fOV/l Ah~D MAR IA T. CAS~MOVA, 91 1
South Sylvan Avenue, ~naheim, California ~2~i01E, owners, and ROP.ERT Sf1NCHEZ, ~11
South Sylvan Street, Anaheim, California 92^~~t, agent, of certain real property
situated in the City of Anah~ein, County of Orange, State of California, described as:
Lot 66 of Tract Plo, 1~51, in the City of Anaheim, Coun*y of
Orange, State of California, as per map recorded in GooE: c3 pages
4 and 5 of "liscellaneous Maps, in t•he office of the county
recorder of said county.
4lHEP,[AS, the City Planning Commission dicl hold a public hearing at the City
Hall ln the City of Aiiaheim on June 3D, 1~80, at 1:30 p.m,, notice of said public
liearing having been duly given as required by laaf anci in accordance with the
provisions of the Anaheim Flunicipal Code, Chapter 18.(13, to hear and consider
evidence for and against said proposed conditional use perm?t and to investigate and
mal<e findings and recommendations in connection therei~iith; and
l•!HE!tEAS, said Commission, after clue inspection, investigation and study made
by itself and in its bc.half, and after due consideration of all eviderice anct reports
offered at said hearing, docs find and determine the folloraing facts:
1. That the proposed use is properly one for ~•rhich a conditional use
permit is authorized hy Anaheim ;•lunicipal Code Section 11~.n3,n?0,~10 Yo ~•~it: to
1'Ct~l^ ~ff ~`!}07'~ 1!7 th° PC_7~n~ ~~e51f~^f?1"1~~, Sir.g!r_-fa~?]y\ 7n~n ~.rjtl• ~~.ntver ^f'
SECTIOP! 1c3.07_.0;2.01? - Minimum setbacl< for a 6ird coop.
and 1,,.2~.!~30.~~0 50 fee: required rom a neighbering residence
and 7_0 feet required fron the property line;
19 feet and 1 foot existing)
2. That the proposed use is herehy granted to allo~•~ a naximum of 300 birds
in portable aviary structures for a period of t~•~o (2) years, subject to revievr for
possible extensions of time to deternine ~rhether or no; the use has had a detrimental
impact on the surrounding area and residences.
?. That the proposed use will not adversely affect tfie adjoining land uses
and the growth and development of the area in which it is proposed to be located.
~!. That the size and shape of the site proposed for the use is adequate to
allo~•r the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general ~•relfare of the Citizens
of the City of Analieim.
5. That the grantinn of the Conditional Use Pernit under the conditions
imposed, if any, w;ll not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Flnaheim,
PCBO-107
6, That tiie traffic generated by the proposed use ~iill not impose an undue
burden u~on the streets and higha~ays desiyned and im~rove~i to carry the traffic in
the area.
7. That no one inclicated their presence at said public hearing in
opposition; and that no correspondence was receiv~d in o~position to the subject
petition.
ENVIRONPIEIJTAL IHPACT FltlDI~JG; That the Anaheim City Plannino Commisslon has
revieared the oroposal to retain an aviary in the RS-7200 (Resldential, Single-Family)
Zone 4rith a~.~aiver of required setback for a bird coop on a rectangul~rly-shaped
parcel of land consisting of approximately 720~ square feet, having a frontage of
approxfmately 50 feet on the vrest side of Sylvan Street, having a maximum depth of
approxinately 120 feet and beinq located approximately 9f1 feet nortli of the
Centerline of Oneida Avenue; and does hereby approve the Negative Declaration from
the requirement to prepare an environmental impact report on the basis that there
would be no significant individual or cumulative adverse environmental Smpact due to
the appruval of this IJegative Declaration since the hnaheim General Plan designates
the subject property for lo~•!-density land uses cor~mensurate o-~ith the prop~sal; that
no sensitive environmental impacts are involved in the propnsal; that the Initial
Study submitted by the petitioner indicates no signif(cant individual or cumulative
adverse environmental impacts; and that T.he Negative Declaration substantiating the
foregoing findingc is on file in the City of Anaheim Plannina Department.
NObI, THER[FOR[, BE IT RESOLVED that the Anaheim City Planntnq Commission
does hereby grant subject Petition for Conditional Use Permit, upon thn folloo-~ing
conditions s~~hich are hereby found to be a necessary prere.quisite to the proposed use
of the subject pronerty in order to preserve the safety and general i•~elfare of the
Citizens of the City of Analietm:
1. That subject oroperty shal! be developed substantially in accordance
with plans and specifications on file a~ith the City of Anahefn marked Ex~,ibit No. 1.
2. That the existing bird coop shall be brought up to the minir~um
standards of the City of Anaheim, including any appifcable Codes as adooted by the
City of Anaheim,
3. That Condition Nos. 1 and 2, ahove-mentionecl, shall be corrplied with
prior to `inal building and zoning inspections.
BF. IT FURTHER RE.SOLVED that the Ananeiin City Plann(ng Commisston dees hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance rlith each and all of the conditions hereinabove set forth.
Shouid any such condition, or any part ther<of, be cfeclared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then th(s Resolution,
and any approvals herein contained, shall be deemed nuli and void.
THF f'OREG~ItI; RESOLUTIOII is sigred and approved hy me this 3~th day of June,
1y2n,
_~.~~ I~ ~~--
ATTEST: ~ ChIAIR1•lOMAq, A~JAHEI,M ITY PLAWNING CQ~4MISSIOPI
~7 ~ .~°
3€'Z~~ , i.iM `T~Y'pTaNri ~ic conr~issior~ _z_ pc8o-to7
STAT[ OF CAL i FORPJ IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution r~as passed and adopted at a meeting of
the Anaheim City Planning Commission held on June ;0, 19~R, bY the foliowing vote of
the members thereof:
AYES: COMFtISSIO~JERS: 6ARNES, BUSHOf;E, FRY, HERf,ST, KIN6, iOLAR
IJOES: f,OMMiSSIO~~ERS: N0~lE
A3SEtdT: COMI•11SSIONERS: NO~IE
VACANCY: 01lE SEAT
IN WIT~dE55 LJH[REOF, I have hereunto set my hand this 30th day of June, 19$R,
' ~,o ~ ~
SECR[TARY, AtJAHE I!1 C I TY PLAPlPI I NG COM~! I SS I OM
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