PC 68-369~ I
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"; , RESOLUTION N0, PC68-369
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
_ RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ANAHEIM AN
: AMENDMENT TO THE ANAHEIM MUNICIPAL f~7DE, TITLE lo~
ZONING, CHAPTER 18.16, R-A, q~RICULTURAL ZONE,
SECTION 18.16.030(4), THERETO
`, WHEREAS, as a result of numerous complaints on possible violations of the Anaheim
Municipal Code regarding the sale of produce, the signing of. thesc nroduce stands, and
the creation of traffic hazards and resultant accidents therefrom, the Planning Commission
rt~ set for public hearing consideration of amendment to the wording to Title 18, Cha[~ter
,~+~ 18„16, R-A, Agriculiural, Zone, Section 18.16.030(4) Permitted accessory buildings,
structures, and uses; and
i;' ~ WHEREAS, ihe City Planning Commission did hold public hearings.at the City Hall in
- _ the City of Anaheim on Novembei 18, and De~ember 16, 1968, at 2:00 0`clock P.M., notice
of said p~biic hearing having been duly given as required by law and in ac~cordance with
the provisions of the Anaheim Muni~ipal Code, to hear and consider evidence for and again;L
said proposed amendment and to investigate and make findings and secommendations in
` . ,:onnection ther e~iih; and
WHEREAS, said Co~ission, after due inspection, investigation, and study made bY
itself and in its behalf, and after due consideration of all evidence and reports oftered
at said hearing, does find and determine the following tacts:
1.. That ~uhere produ~e stands are located and dedication and improvement of the
abutting arteriais has not been made, the Police Department has indicated
traffic probiems have resulted because of the lack of dedication, improvements,
, 5igning, etc,
2- That the majority of other Orange County cities p~'mit by right the sale o'.,
from stands on the property, produce grown on the premises only; however,
where th e sale of the produce not grown on the premises is propo~eci, dedi~ation
and improvement ot the abutting streets together with providing parking and
signing in accordance with normal commercial opez'ations are conditions
applied thru the approval of a Conditional Use Pei'mit.
3. That the Orange County Health Department investigates produce stands which
se11 produce not grown on the premises as part of the recently adopted ~ity
of Anaheim Food Handling Ordir.ance, to insure compliance with all health
requirements.
4. Thai the intent of the ordinance permitting produce stands in the R-A Zone
was to allow the grower an opportunity to sell the produce grown on his iand;
however, when operators of such stands seli produce on a year round basi~ and
iittie or no crops are grown on the premises, the operation then becornes a
regular commercial retail operation competing with other legitimate stores ~rvho
are required to meet the ~ommercial zone site development standards, colleci
sales tax, store and seli produce wholly wifihin a building, etc., thereby
pla~ing the produce stand operators at an advantage over other commerciai
ventures because these requirements are not made of them. Thereiore, such
stands~ should be subject to rEgUlar commercial zone requirements, such as
street dedication and improvement and parking and signing requi.r~ents.
5. That the Assistant City Attorney indicated the statute of liroitations for
non-conforming uses in the R-A Zone would allow for a three-year period of
time to terminate any such operation, and with the tax structure, cost of
land, etc, utilization of iand for agricuitural purposes in the City would
be outdated, therefore, any amendment other than limiting such sales to produce
grown on the premises would be unnecessary, However, the right to request
a waiver from the Code *equirements wouid still be available by mezns of a
~ariance if a property owner was desirous of utilizing the property for the
sale of produce not grown on the p*emises.
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EXHIBIT ,~A~~
ORDINANCE N0.
AN ORDINANCE.OF.•THE CITY OF ANAHEIM AMENDING
TITLE 18, CHAPTER 18e16 OF THE qNAHEIM
MUNICIPAL CODE RELATING TO ZONING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
$pr.i'iOll 1 ~
That Title 18, Chapter 18e16, of the Anaheim Municipal ~c1de be, and the
same is hereby amended by the amendment to the following section:
"18.16.030(4) - Incidental sale of agricultural produce grown on the
premises onlyo"
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b. That t!•:i•ce of the produce stand operators appeared before the pommission to
9_ve rr,ei.i ~~ievrpoints on the proposed amendment; and that all prod~ce stand
ope~:.:'.ots nad been notified of the public hearing.
N~W, THEREFURE, BE IT RESOLVED that the'City Planning Commission does hereby
recommepd to the City Council of the City of Anaheim that Title 18~ Zoning, Chapter
18.15, R-A, Agricultural, Zone, Section 18a16.030(4) Permitted Accessory Buildings,
Structures, and Uses be amended as depicted on Exhibit "A" attached hereto and re-
ferred to herein as thouoi; set forth in fulle
THE FOREGOING RESOLUTION is signed and approved by me this 26th day of December,
1968.
- ~.c ,~ , ~~.ee~-,
CHAIRMA ANAHEIM CITY PLANNING COM~A7ISSION
ATTEST:
~ ~G`Z?~/ `~% LC.I~'2/
SEGRETARY ANAHE~M CITY PLANNING COMMISSION
~ STATE OF CALIFORNIA )
~ COUNT'Y OF ORANGE j ss.
CITY OF ANAHEIM
I, Ann Krebs~ Secretary of the City Planning Commission of the City of Anaheir,i, do
hereby certify that the foregoing rQsoluti~n was passed and adopted at a meeting of
the City Planning Cortrnission of the City of Anaheim, held on the 16th day of Dec!mber,
1968, at 2:00 0'clack P.M., by the following vote of the members thereof:
AYES: 170MMISSIONERS: Allred~ Camp~ Farano, Gauer, Nerbst, Mungall, Rowland.
NOES: COMMISSIONERS: None.
ABSENT: OOMMISSIONERS: Noneo
IN WII'r!ESS WHEREOF, I have hereunto set my hand this 26th day of December, 1968.
~~~!2'~vW ~~~G~-
SECRETARY ANAHEI CITY PLANNING COMMISSION
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