PC 81-73RESOLUTION NO. PC81 -73
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2192 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from LARRY R. SMITH, 17046 Marina Bay Drive,
Huntington Harbor, California 92649, owner, and CHARLES L. HOHL, 14731 Golden West
Street, Westminster, California 92683, agent, of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID SECTION 15 WITH THE
NORTHEASTERLY RIGHT OF WAY LINE OF THE PACIFIC ELECTRIC RAILROAD,
100.00 FEET WIDE, AS DESCRIBED IN DEED TO THE LOS ANGELES INTER
URBAN RAILWAY COMPANY RECORDED NOVEMBER 14, 1905 IN BOOK 122, PAGE
278 OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID
RIGHT OF WAY LINE NORTH 53 DEGREES 24' 00" WEST 521.61 FEET;
THENCE NORTH 0 DEGREES 13' 00" WEST 72.95 FEET; THENCE NORTH 99
DEGREES 36' 00" EAST 222.30 FEET TO A LINE 443.00 FEET WESTERLY
AND PARALLEL WITH THE EAST LINE OF SAID SECTION 15; THENCE ALONG
SAID PARALLEL LINE SOUTH 0 DEGREES 15' 45" EAST 170.00 FEET;
THENCE NORTH 89 DEGREES 36' 00" EAST 240.00 FEET; THENCE SOUTH 0
DEGREES 15' 45" EAST TO TFIE SOUTH LINE OF SAID SECTION; THENCE
WESTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 30.00 FEET FOR ROAD PURPOSES.
EXCEPTING THEREFROM ANY PORTION LYING WEST OF THE WEST LINE OF THE
EAST 20.00 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 15; AND
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE SOUTH 89
36' WEST 248.02 FEET; THENCE NORTH 53 24' WEST ALONG THE PACIFIC
ELECTRIC RAILROAD RIGHT -OF -WAY 521.62 FEET; THENCE NORTH 0° 13'
WEST 72.95 FEET; THENCE NORTH 89 36' EAST 222.3 FEET TO THE
INTERSECTION WITH A LINE PARALLEL WITH THE EAST LINE OF SAID
SECTION AND DISTANT WESTERLY 443.00 FEET FROM SAID EASTERLY LINE
OF SAID SECTION, SAID INTERSECTION BEING THE TRUE POINT OF
BEGINNING; THENCE PARALLEL WITH SAID EAST LINE, SOUTH 0 15' 45"
EAST 170.00 FEET; THENCE NORTH 89 36' EAST 240.00 FEET; THENCE
PARALLEL WITH SAID EAST LINE SOUTH 0 15' 45" EAST 163.74 FEET TO
A LINE PARALLEL WITH AND DISTANT 53.00 FEET NORTHERLY FROM THE
COURSE HEREINBEFORE DESCRIBED AS "SOUTH 89° 36' WEST 248.02 FEET ";
THENCE PARALLEL WITH SAID COURSE, NORTH 89 36' EAST 20.00 FEET TO
THE WESTERLY LINE OF THE EASTERLY 183.00 FEET OF SAID SECTION;
THENCE ALONG SAID WESTERLY LINE, NORTH 0 15' 45" WEST 163.74 FEET
TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 170.00 FEET FROM THE
EASTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS
"NORTH 89 36' EAST 222.3 FEET "; THENCE ALONG SAID PARALLEL LINE
NORTH 8 9 ° 36' EAST 130.00 FEET TO A LINE PARALLEL WITH AND DISTANT
WESTERLY 53.00 FEET FROM SAID EASTERLY LING OF SAID SECTION;
PC81 -73
THENCE ALONG SAID LAST DESCRIBED PARALLEL LINE NORTH 0 15' 45"
WEST 170.00 FEET TO A LINE WHICH BEARS NORTH 89 36' EAST AND
WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING THENCE ALONG SAID
LAST MENTIONED LINE, SOUTH 89° 36' WEST 390.00 FEET TO THE TRUE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 6, 1981, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.280 to wit: to
permit a racquetball facility with waiver of:
SECTION 18.06.060.0257 - Minimum number of parking spaces.
(185 spaces required; 167 spaces proposed)
2. That the requested waiver is hereby granted on the basis that testimony
presented by the petitioner at the public hearing indicated that two parking spaces
per racquetball court are adequate based on experience with similar operations and
that the request is minimal.
3. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
4. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a racquetball facility with waiver of minimum number
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of parking spaces an an irregularly- shaped parcel of land consisting of approximately
3.14 acres located north and west of the northwest corner of Ball Road and Knott
Street; 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 impact due to the approval
of this Negative Declaration since the Anaheim General Plan designates the subject
property for general commercial and medium density residential land uses commensurate
with the proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that the
Negative Declaration substantiating the foregoing findings is on file in the City of
Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. 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 building permit.
4. That a reciprocal parking and access easement agreement, providing for
circulation of vehicles and trash trucks from one parcel to the other, shall be
submitted to the City Attorney's Office for review and approval; then be recorded in
the Office of the Orange County Recorder.
5. That plans indicating the modified land use permitted under Conditional
Use Permit No. 1193 (nursery school) shall be submitted to the Planning Department
for review and approval.
6. That subject property shall be developed substantially In accordance
with plans and specifications an file with the City of Anaheim marked Exhibit Nos. 1
through 3.
7. That Condition Nos. 4 and 5, above - mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
8. That Condition Nos. 2 and 6, above - mentioned, shall be complied with
prior to final building and zoning inspections.
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PC81 -73
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereTnabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
1981.
ATTEST:
THE FOREGOING RESOLUTION is signed and approved by me this 6th day of, April,
j
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-
CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on April 6, 1981, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of April, 1981.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC81 -73