Resolution-PC 2007-118• •
RESOLUTION NO. PC2007-118
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05175 BE DENIED
(237 SOUTH BEACH BOULEVARD AND 3100 WEST LINDACITA LANE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California described as follows:
THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE(S) 11, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE CENTER LINE 1NTERSECTION OF ORANGE
AVENUE AND WESTERN AVENUE iN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID INTERSECTION IS SHOWN IN
COUNTY OF SURVEYOR'S TRANSIT BOOK 114, PAGE 32 ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY
ON OCTOBER 23, 1957;
THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE
CENTER L1NE 199.71 FEET TO THE TRUE POINT OF BEGINNING OF
THE LINE TO BE DESCRIBED, SAID POINT ALSO BEING DISTANT
NORTH 0°33'45" WEST ALONG SAID WESTERN AVENUE CENTER L1NE
2468.65 FEET FROM THE CENTER LINE OF BALL ROAD, AS SHOWN 1N
SAID TRANSIT IN BOOK 114, PAGE 32 ON OCTOBER 23, 1957;
THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY
ALONG A CURVE NON-TANGENT, CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 1600.00 FEET THROUGH A CENTRAL ANGLE OF
1°00'OS" AN ARC DISTANCE OF 27.96 FEET TO A LINE TANGENT;
THENCE NORTH 67°32' 10" EAST, 2073.00 FEET TO THE BEGINNING OF
A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF
1800.00 FEET;
- 1 - PC2007-118
•
~
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 9°58'S0", AND RANCHO CUCAMONGA
DISTANCE OF 313.55 FEET OT A LINE TANGENT;
THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE
CENTER LINE OF STANTON AVENUE AS SHOWN IN COUNTY
SURVEYOR'S OF SAID COUNTY ON OCTOBER 29, 1957; SAID POINT
BEING DISTANT THEREON NORTH 0°26'40" WEST, 983.26 FEET FROM
THE CENTER LINE OF ORANGE AVENUE AS SHOWN IN SAID
TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING
DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE
CENTER L1NE OF LINCOLN AVENUE AS SHOWN 1N SAID TRANSIT 1N
BOOK 107, PAGE 11, ON OCTOBER 29, 1957.
A PERPETUAL NON-EXCLUSNE SURFACE EASEMENT FOR
VEHICULAR INGRESS AND EGRESS OVER A STRIP OF LAND 30.00
FEET 1N WIDTH SITUATED WITHIN THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BE1NG
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE WESTERLY ALONG THE NORTHERLY L1NE OF SAID
SOUTHEAST QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE
WESTERLY LINE OF SAID BEACH BOULEVARD AS NOW
ESTABLISHED;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH
BOULEVARD SOUTH 0° 10' 15" EAST 25.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE ALONG A L1NE THAT IS PARALLEL TO AND 25.00 FEET
SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER SOUTH 89°36'49"
WEST 319.00 FEET;
THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL
TO AND 85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES
FROM THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00
FEET;
- 2 - PC2007-118
~ ~
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY L1NE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 14 SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A
POINT THAT IS 15.00 FEET NORTHERLY MEASURED AT RIGHT
ANGLES, OF THE SOUTHERLY LINE OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 14;
THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH
89°36'03" EAST 130.00 FEET.
EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF
PARTICULARLY DESCRIBED IN DEED FROM CHEROKEE MOBILE
GARDENS, A LIMITED PARTNERSHIP TO ELIZABETH LANCASTER
AND GEORGE MILES LANCASTER, RECORDED AS INSTRUMENT NO.
15932 ON NOVEMBER 11, 1976 IN BOOK 11957, PAGE 1929, OFFICIAL
RECORDS OF OR.ANGE COUNTY CALIFORNIA.
LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED
IN BOOK 80, PAGES 29 AND 30, MISCELLANEOUS MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 11, 2007, at 2:30 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 18.60 "Procedures", 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 that said public hearing was continued to the June 25, July 9, August 20, September
5 and 17, and October 15, 2007, Planning Commission meeting; 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 request to construct nine (9) single-family homes in the RS-4 zone, fronting
on a private street, is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.04.030.080 and 18.04.160.010 with waivers of the following:
CODE SECTION N0.18.40.060.030 Improvement of private street.
(2 sidewalks, 2 parkways and 28 foot wide
street required; 1=2 sidewalks, 0=1
parkway, 28 foot wide street proposed)
CODE SECTION NO. 18.04.040.010 Minimum lot area.
(Withdrawn by applicant)
- 3 - PC2007-118
• •
2. That waiver (a) pertaining to the improvement of a private street is hereby denied as
the waiver of required parkway requirements would create an inconsistent street design with the
adjacent neighborhood which has both a sidewalk and parkway.
3. That waiver (b) pertaining to minimum lot area is hereby denied because it has been
withdrawn by the applicant.
4. That the proposed use will adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located because the proposed project's access
onto Lindacita Lane and Grand Avenue would create an unsafe condition for vehicles exiting the
property by placing opposing traffic directly in line with one another. Vehicles exiting the project
would be on the same path on Lindacita Lane as the traffic going eastbound on Lindacita Lane.
5. That 15 people indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency
and that it has 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 that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
does hereby deny subject Petition for Conditional Use Permit on the basis of the aforementioned
findings found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the health and safety of the citizens of the City of Anaheim.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of October 15, 2007. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
,~ ~, / ,- .
~ ,._ .
_ ~ ~
CHA A~; ANAHEIM PI~t~~iNING COMMISSION
ATTES
w
SENI01~'SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2007-118
• •
STATE OF CALIFORNIA )
COLJNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 15, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: BUFFA, EASTMAN, KARAI~I
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
, 2007.
0 Y~~Z~
SENIO~" SECRETARY, ANAHEIM PLANNING COMMISSION
- 5 - PC2007-118