PC 81-180'~E~OLl~T10!1 ~JO. PC~;1-1;;~
A RESCLUTIO`! OF iflE A.'lANE1~1 CITY PLAN~II'I; C(1'1'1(SSI!lt!
TilA7 PETITI0~1 F(1R C0~lDITIO~IAL USC PER~iIT ~1~. ?2?~~ EiE GBA"ITFD
IdHFZEAS, the Anahcin ~i[y Planninq Commission did reccive a verlfied
Petition for Concii[ional Use Permit from LU~ARQ FI:TFRPRISES, I'IC,, _;2^ !Jorth `tagnolia
Nvc_nuc, Anaheim, Cali`ornia `12301, owner of certain real property situated in the
City of Anaheirr, County of Orangc, State of California, descrihed ~s:
Parcel 2- The ~,iesterly 275,53 feet o' the north~:rest qu~rter of
the seuth~~est quarter of Section 7, in Township 4 S~uth, Ranqe 1~'1
West, San Bernardino dase and !leridian, in the Citv of Anaheim,
County of 'Jrange, State uf California, as shot•~n on a map recordeci
in Eook 4~ page 50, Records of Surveys, in the Off!ce c+f the
County Recorder of said Orance Lounty. Exceptina therefrom the
northcrly F•j3,'?1 fc~t. :11;o exceptina [hercfron the soi:therly
j~0~.7~ feet.
4lNEREAS, the City Planning C~n,nission did hold a puhllc hearinq at the Civi~
Center in the City of Anaheim or~ August 2h, l~~l, at 1:3'~ p.n•, noticc of said publi:
hearing having been duly given a~ required hv la~r and in accordance with th~
provisions of the Anaheim !lunicipal Code, Chanter 1~',n3, to hear and consider
evidence for and against said proposed condit(onal use i~erriit and [~ investiaate an1
make fi~dings and recommendat~ons in cnnnec[ion there~•~ith; an~1
WIIEREAS, said Commission, after due inspection, investiaatlon ond study made
hv irc~.lf nnri in irc ~-,~ti~lf .,.a ~f...~ .i..., • i,_...• _c
. _. .. ., ...... _. __.. ...... ~J'~,.. ~ :,'- ~ ~' ~~~~~~~cu~.e auu ic~..J(i~
off~red at said heariny, ~ioes find and dete mine the~follov,inq facts:
1, 7hat [he proposed use is prnoerly one for w.hich a conditional use
permit is authorizeu by Anaheim ~tunicipal Code Section 1~,.111~,!'5~,7.1~n to wit• tc~
permit a~-rholesale plant nursery in the Cl (Commercial, Limited) Zone.
2. That the proposed use will ~ot adversely affect the ad.joining land uses
and *_he grow[h and development of the area in ~•ihich it is prnposed to he located.
3. That the size and shape of the site oroposed for the use is adequate to
allow the full development of thc proposed use in a manner not cietrimPntal to tf~e
partir_ular area nor to the peace, health, ,afetv, and general welfare of thr Citizens
of the f,ity of Anahein.
=f, That thc nrantinn ~f th~ Conditional !ISe P~rnit under ~he eonditions
lmpc,sed, if any, wlll not he detrimental [o the peace, her~)th, s~f~ty and 9eneral
~.c i i;r ~ of t`~e C i t i zens of the C i ty c~f Anahe i rr~,
5. That the traffic 9enerated hy the oropose~ use ~•,ill nnr imnn~~ in imdue
burtien upon tl~e stree[s and hiqhaiays ocsi~ned and impr~vc~r' to c~rrv thA traffic in
t`~c area,
PC81-13~
6. That no one indicated their presence at said publir. hearing in
opposition; and that no corresponde~ce ti•;as received ir~ opposition to the subjecl
petition.
EPJVIROh1Pl@IJTl1L l~IP,1CT FI"iDIPlG: Tnat the Anaheim City Planning Commission has
reviewed the prcpos~l to permit a wholesale pla~t nursery in the CL (Commerciai,
Limited) Zone on a rectangularly-shaped parcel of land consistino of approximately
1.~ acres, having ~ frontage of approximately 290 feet on the east side of Magnolia
Avenue, ap!:roximately C-3~ feet south of the centerllne of Crescent Avenue (436 Plorth
Magnolia Avenue); and does her~hy a~prove 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 environmentai impact due to the
approval of this Negatfve Declaration since the Anaheim General Plen desianates the
subject property for general commercial land uses commensurate with the proposal;
that no sensitive environmental impacts are involved in the aroposal; that the
Initlal Study submitted by the petitioner indicates no significant individual or
cumulative adverse environmental impacts; and that tfie Negative Declaration
substantlating the foregoing findings is on file in the City of Anaheim Plannirig
Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cortr,nission
does hereby grant subject Petition for Canditional Use Permit, upon the follotiving
conditions which are hereby found to be a ne ~ssary prerequisite to the proposed use
of thc s~~bject property in order to preserve the safety and general ~~elfare of the
Citizens of Lhe C~ty of Anaheim:
1. That a bond in an amount and form sat?sfactory to the City of Anaheim
sliail be posted aiith the Clty to guarantee the installatior of a 6-foot F~igh masonry
biock ~•~all along the east pro~erty line.
2. That appropriate U~ater assessment fees as determined by the Of`ice of
Utilities General Flanager shail be paid to the City of Anaheim prlor to the
commencement of activity authoriz~d b~~ rt,~~ ,_,m;«
3. in the event that subject property ts to be d~vided for the purpose of
sale, lease, or financing, a parcei map, to record the approved division of sub.ject
property shall be submitted to and approved hy the Ctty of Anahelm and then be
recorded in the office of the Orange County Recorder,
4. That fire hydrants shall be installed and charc~ed as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
af activity authorized by this permit.
5. That a perpetual easement agreerent ~ti•ith the owner of the property to
the north; provtding for a minimum of nine (9) parking spaces, s~atl be submttt^d to
the City Attorney's Office for review and approval. then 6e filed an~i recarded in the
Office of the Orange County Recorder,
G, That subject property shali he ueveloped suhstanttally in accordance
witfi plans and specifications on file ~~~(th the City of .4naheiri mar4;ed Exhibit tJo. 1,
7. That Condition No. 1, 2, 4, ~, and 6, above-me~tioned, shall he
complied ~aith prior to the commencement of the activity authorized under this
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resolution, or within a period of ninety (90) days year from date hereof, a.hichever
occurs first, or such further tim~ as the Planning Corr~ission may grant.
BE IT FURTfi~R RES01_VEJ [liat the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compllance with each and all of the condttions hereinabove set forth.
Sfiould any condition or any part thereof, be declared invali;i or unenTorceable by the
f1na1 judgment of any court o` competent jurisdiction, then tFiis Resolution, and any
approvais herefn cor,tained, sha17 be deemed null and void,
ThiE ~OREGOING RESOLUTIOhJ is signed and approve~i by me thts 7_~th day of
August, i~c;~,
-~O~.~G~~-~
~ r~~~hf1AN PRO TEr~ppRE
ATTEST: ~~JAHE I M C I TY PLAMpJ I iJf COMM I ~p)
SECRETARY, A~.AHE IM I TY P ANN I PJG OMM I SS I ON
STATE OF CALIFORNIA )
COUNTY OF ORANG~ ) ss.
CtTY OF ANAHE111 )
~, Editli L. Harris, Secretary o,' the Anaheim City Planning Commisslon, do
hereby certtfy that the foregoing resolution a~as passed and acJopted at a meeting of
the Anaheim City Planning Commission held on August 24, Y481, at 1:3~ p,m.~ bY the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, FRY, HERBST, Kl~ir,
NOES: COt1!IISSIONERS: ~dOPlE
ABSE~JT: COMMIS510NER5: Bi1SNORE, TOLAR
IN WITNESS WHEREOF, I ha•e hereunto set my hand this 24th day of Auqust, 1981,
SECP,F7ARY, APIAHE I"1 C I T PL/IN I Nf; CQMM I SS I ON
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_ PC81-1t30