PC 83-55RESOLUTION NO. PC83-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PGTITION FOR CONDITIONAL USE PERMIT N0. 2422 g~ GRANTED
WHEREAS, tha Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from MARIE H. PELLETIER, 3311 Devon
Circle, Huntington Heach, California 92649, owner, and N. E. FAY D. C., P. p,
Box 1340, Downey, California 90240, agent of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
THE NORTH 69 FEET OF THE SOUTH 470 FEET OF THE WEST 147 FEE't
OF THE SOUTFIWEST 1/4 OF THE SOUPHWEST 1/4 OF SECTION 8
TOA7NSHIP 4 SOUTH RANGE 10 WEST OF SAN HERNARDINO HASE AND
MERZDIAN IN THE CITY OF ANAHEIM.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on March 7, 1983, at 1:30 ~.m., notice of
said public hearinq 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 i.ts behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and 3etermine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.140 and
18.44.035.p12 to wit: to permit the medical office use of a residential
structur.e.
Z. That the proposed use is hereby granted subject to the
getitioner's stipulation at the public hearing that there shall be curtains
only in the doorways to the examination or treatment rooms, and that thera
shall be no solid doors in said doorways.
3. That the proposed use is hereby granted for a period of two
years, to expire on March 7, 1984.
4. That the proposed use, as granted, wi11 not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
5. That the size and shape of the site proposed for the use, as
granted, is adequate to allow the fuil 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.
6. That the granting of the Conditional UsA 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.
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7• That the traffic generated by the proposed use will not impose
an undue burden upon the streets and 'nighways dPSigned and improved to carry
the traffic in the area.
8• That no one indicated tlzeir presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject pe~ition.
BNVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Comraission has reviewed the proposal tu permit the medical off~ce use of a
residential structure on a rectangularly-shaped parcel of land consisting o£
appro:cimately 6000 square feet having a frontage of approximately 69 feet on
the east side of Hrookhurst Street, being located approximately 400 feet north
~~f the centerline of Lincoln Avenue, and further described as 126 North
Brookhssrst 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 en•~ironmental imgact
due to the approval of this Negative Declaration since the Anaheiai General
Plan designates the subject property for general commercial land uses
commensurates 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 Declaratlon substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, HE IT RESOLVED that the Anaheim City Planning
Commission does hereby qrant 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 sidewalks shall be installpd along Brookhurst Street as required
bY the City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
2. That the existing most northerly and southerly driveways on
Brookhurst Street shall be removed and replaced with a atandard curb,
qutter, sidewalk and ten (10) foot deep landscaped planter.
3. That prior to issuance of a building permit, appropriate water
assessment fees shall be paid to the City of Anaheim, in an amount as
determined by the Office of the Utilities General Manager.
~3. That tra~h storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitat~on
Division.
5. That the existing structure shall be brought up to the ninimc~
standards of the City of Anaheim, including the Uniform Huildin~
Plumbing, Electrical, :~techanical and rire Codes as adopted by the
City of Anaheim.
6. That the proposal shall comply with all signing requirements of the
CL (Commercial, Limited) Zone unless otherwise approved in connection
with a duly-advert:sed public hearing.
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7. That a 6-foot high masonry bloak wall shall be constructed along the
east proper.ty line and/or tlzat a bond in an aTOUnt and form
satisfactory to the City of Anahelm shall be postad with the City to
guarantee tlle installation of said wall privr to final building
inspection.
8• T}:at any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of 12 feet. Said lighti.nc:
Pixtures shall be directed away from adjacent property lines to
protect the residential integritv of the area.
9. That the 10 to 14 1/2-foot wide front setback area shall be
landscaped in conformance with Cede standards.
10. That an easement for vehicular access over the property to the north
of subject property to the parking spaces on subject property shall
be subcutted to and approved by the City Attorney's Office. S~id
document, as approved, will then be filed and recorded in the Office
of Orange County Recorder.
12. That this Conditional Use Permit is granted subject to the completion
of Reclassification No. 73-74-9(10), now pending.
13. That prior te issuance oE a building permit or commencement of the
activity herein approved, whichever occurs first, Condition Nos. 7
and 10, above-mentioned, shall be complied with.
14. That prior to final building and zoning inspections, Condition Nos.
1, 2, 4, 5, 8, 9 and 11, above-mentioned, shall be comglied with.
15. That there shall be curtains only in the doorways to the examination
or treatment rooms, and that there shall be no solid doors in said
doorways.
16. That the use is granted for a period of two years, to expire March 7,
1984.
BE IT FURTHER RESOLVED that the Anahetm 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
hereittabove set forih. Shou~d any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any caurt of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
TH~ FOREGOING RESOLUTION is signed and approved by me this 7th day of
March, 1983.
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CHAtRMAN, ANAHEIM CITY P~T ING COMMISSION
ATTEST:
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SECRETAR , ANAHEIM CITY PL}1NNING COMMISSION
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PC83-55
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STATE OF CAI,ZFORNIA )
COUNTY OF ORANGE ) ss.
CZTY OF ANAHEIM )
I, Edith L. t-Iarris, Secretary of the Anaheim City Planning
Commiseion, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on March 7,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: FRY, HERBST, LA CLAIRE, MC BURNEY
NOES: COIyMISSIONERS: BOUAS, BUSHORE, KING
ASSENT: COh4+(ISSIONERS: NONE
IN WITNESS WHEREOF, i have hereunto set my hand this 7th day of
March, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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