PC 83-200~ ~
RESOLUTION N0. PC83-200
A RESOLUTION OF THE AtdAHEIM CITY PLANNING COMMISSION
THF1T PETITION FOR CONDITIONAL USE PERMIT NO. 2503 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from DARRELL L. CLARDY AND ESTHER M.
CLARDY, 809 South Magnolia Avenue, Anaheim, California 92804, owners of
certain real property situated in the City of Anaheim, County of Orange, State
of Calif~rnia, described as:
LOT 140 OF TRACT 1951, AS PER MAP RECORDED IN POOK 63 PAGES
4 AND 5 OF MISCELLANGOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 17, 1983, 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 repocts offered at said hearing, does find and detecmine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit i.s authorized by Anaheim Municipal Code Section 18.44.050.140 to
wit: to permit commercial use of a residential structure to establish a 3elf
defense school with a caretaker's quarters with waiver of the following:
(a) SECTION 18.44.063.010 - Minimum landscaped setback
(10 feet required along Magnolia Avenue;
9 feet proposed)
(b) SECTION 18.44.063.040 - Minimum sidevard setback
!10 feet required; 0-4.5 peet proposed)
2. That the requested waivers are hereby granted on the basis that
the residential structure is existing and that there are special circumstances
applicable to ~he property such as size, shape, topography, location or
surroundings, which do not apply to other identicall.y zoned properties in the
vicinity; and that strict application of the Zoning Code deprives the property
of privileges enjoyed by other properties under identical zoning
classification in the vicinity.
3. That the proposed use is hereby granted subject to the
petitioner's stipulation at the public hearing that the maximum number of
students per session shall be limited to 15.
4. That the proposed use will n~t adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
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PC83-200
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~~t• 5. 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
,r-?''; detrimental to the particular area nor to the peace, health, safety and
general welfare of the Citizens of tl:e City of Anaheim.
6. That the granting of the Conditional Use Permit under the
conditior.s imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
:°` 7. That the traffic generated by the proposed use will not impose
t;;, an undue burden upo~i the streets and highways designed and improved to carry
~{; the traffic in the area.
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;~:s;; 8. That two persons indicated their presence at saa.d public
hearing in opposition; and that no correspondence was received in opposition
Y:`': to the subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject pcoperty from the
RS-7200 (RPSid~ntial, Sinqle-Family) Zone to the CL (COmmercial, Limited) Zone
to permit commercial use of a residential structure to establish a
self-defen~e school with a caretaker's quarters with waiver of minimum
landscaped setback and minimum sideyard setback on a rectangularly-shaped
parcel of land consisting of approximately 7200 square feet, having a frontage
of approximately 60 feet on the west side of Magnolia Avenue, and further
described as 809 South Magnolia Avenue; and does hereby approve the Negative
Declaration upon finding that it h~,s considered the Negative Declaration
together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence tha*_ the project will have a significant
effect on the environment.
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 this Conditional Use Permit is granted subject to the
completion of Reclassification No. 83-84-11, now pendinq.
Z• 2'hat prior tu issuance of a building permit, the appropriate traffic
signal assessment fee equalin9 the difference between the commercial
and residential assessment fees shall be paid to the City of Anaheim
in an amount as determined by the ~ity Council.
3• That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
markeq Exhibit Nos. 1 through 3.
4• That prior to final building and zonin9 inspectionc, Condition
No. 3, above-ment?oned, shall be comF~lied with.
5• That the maximum number of students per session shall be fifteen
(15).
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PC83-200
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~~ 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
heceinabove set forth. Should any such conditio~s, or any part thereof, be
declared invalid or unenforceable by the final ;udgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
~dE FOREGOING RESOLUTION is signed and approved by me this 17th day
of October, 1983.
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CHAIR OMAI~, ANAHEIM CITY PLANNING COMN,ISSION
ATTEST: ~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
;;' COUNTY OF ORANGE ) ss.
CITY OF ANAHCIM )
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;?~::, I, Edith L. Harris, secretary of the Anaheim City Planning
;~~i Commission, do hereby cectify that the foregoing resolution was passed and
~.~.! adopted at a meeting of the Anaheim City Planning Commission held on October
'~' ~ 17, 1983 g
;s,.' , by the followin vote of the members thereof:
F'I AYES: COMM.ISSIONERS: BOUAS~ FRY~ HERBST~ KING~ LA CLAIRE
S:~ NOES: COMMISSIONERS: NONE
~ ABSENT; COMMISSIONERS: BUSHORE~ MC BURNEY
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~,:; IN WITYESS WHEREOF, I have hereunto set my hand this 17th day of
••• October, 1983.
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-3- PC83-200
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