PC 78-117RESOLUTION N0. PC78-117
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIOH
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 185~ BE GRANTED
WHEREAS, the Anaheim City Pianning Commisston dld recetve a verified
Petition for Condltional Use Permit from PAUL R. AND FRANCES B. GARDNER, 3109 West
Orange Avenue, Anaheim, Californla, owners, of certain real property situated in the
City of Anaheim, County of Orange, State of California, described as:
The West 5~1/2 acres of the East 7 acres of the South 531.30 feet
of the East 1/2 of the Southwest 1/4 of the Northeast t/4 of
Section 14, Township 4 Sou~h, Range 11 West, fn the Rancho los
Coyotes, as shown on a map recorded in book 51, page 11 of
Miscellaneous Maps, records of Orange County, Lalifornia. Except
Lherefrom the South t acre of the East 2 acres. Also Except
therefrom that portion tying Northerly of the Southerly line of
the Orange County Flood C.ontrol Dtstrict Channel, as conveyed by
Fi~al Order of Condemnation, Superior Court Case 885?8, a
certified copy recorded February 20, 1962 in book G015, page 616
of Official Records.
WtiEREAS, the Gi[y Ptanning Commission did hold a public heari~g at the ~ity
Hall in the City of Anaheim on June 5, 1978, at 1:30 p.m., notice of said pu6lic
hearing having been duly given as required by !aw and in accordance with the
provisions of the Aaaheim Municipal Code, Chapter 18.03, to hear ~nd consider
evidence for and against safd proposed condttional use and to invesYigate and make
findings and recommendations in con~ection therewith; an~
WHEREAS, said Canmtssion, aftcr due inspection, invest(gatlon and study made
by Ttself and i~ its behalf, and after due consideration of all evide~ce and reports
offered at said hearing. does find and determinc the followin,ry facts:
1. That the proposed use is oronerly one far wfiich a conditional use
permit is authorized by Anaheim Nunicipal Code Section 18.44.050.280 to wit: to
permit a racqueiball facility.
2. That the proposed use is hcreby gran[cd subject to the petitfoner's
stipula[tans that the hcurs of o~er~tton shall be from 6 o'clock a.m, to 11 o'clock
p,m, and that the praposed driveway located at the westerly end of subject property
shalt be realigned in accordance with the requirements of the Ci[y Traffic Engineer.
3. That the proposed use will not adversely affect the adJoining land uses
and the growth and development of the area tn which it is proposed to be located.
4. That the size and shape of the site proposed for the use is adequate to
allnw the full ~evelopment of the proposed use in a manner not detrimental [o [he
particular area nor to the peace, health, safety~ and general welfare of the Citizens
of the Ctty of Anaheim.
5. That the granting of the CcndTtional Use Permii under the conditlons
imposed, if any~ will not be detrimental to the peace, health, safety and 9eneral
welfare of the Citizens of che City of Anaheim.
PC78-117
6. That one person indicated her presence at said public hearing in
opposition; and that no correspondencc oras received in oppos(tion to the subJect
petition, and that a petitlon contalning twnety-nine (29) signatures ln opposition
was received,
ENVIRONME~~TAL IMPACT FINDING: That the Anaheim City Planniny Cortmission has
reviewed the subJect proposa to reclassify the zoning from RS-A-43,000
(Residential/Agricultural) to CL (Commercial, Ltmited) to construct a racquetball
facility and permit the continued use of an existing office building with waivers of
maxtmum structural height and minimum sideyard setback on an irregularly-shaped
parcel of land consisting of approximately 1.3 acres having a frorttage of
approximately 258 feet on the north stde of Orange Avenue and being located
ap~ror.imately 730 feet east of the cen[erline of Western Avenue; and does hereby
approve the NegaCive Declaration from the requirement Lo prepare an environmentat
impact report on the basts that there would be no significant individuai or
cumulative adverse environmental impact due to the approval of this Negative
Deciaration since the Anaheim General Plan designa[es the subJect property for
cormercial-professional 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 significan[ individual or cumulative adverse
environmen~al impacts; and that the Negative Declaration substantiating the foregotng
findings fs on file in the City of Anahetrn Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cortmission
does hereby grant subJect Petition for Condltional Use Permi[, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property tn order to preserve the safety and general welfare of the
Citizens of the Ctty of Anaheim:
1. That this Conditional Use Permit is granted subeJct to the comptetion
of Reclassification No. 77-78-61, now pending.
2. That subject property shall be developed substantially in accorda~ce
with plans and specifications on file wfth [he Cfty of Anaheim marked Exhibi[ Nos. 1
and 2; provided, however, that the proposed driveway located at the westerly end of
suhJect property (west oF the racquetbali faciiityj shatl be reaiigned in accordance
with the requirement~ of the Ci[y Traffic Engineer.
3. That Condition No. 1, above-mentioned, shall be complted with prior to
the commencement of the activity authorized under this resolution, or prlor to the
time that the bullding permit is issued, or within a periad of one year from date
hereof, whlchever occurs first~ or such further time as the Planning Commlssion may
grant.
4. That Condition No. 2, above-menttoned, shall be complied with prtor to
flnal buliding and zoning inspectlons.
5. That the hours of operation shall 6e 6 o'clock a.m, to 11 o'clock p.m.
6E IT FURTHER RESOLVED [hat the Anaheim Ctty Planntng Commission does hereby
find and deCermine thai adoption af this Resolution is expressly predicated upon
applicant's compliance wlth each and all of the condttions heretnabove set forth.
Should any such conditlon, or any part thereof. be declared invalld or unenforceable
by the final judgment of any court of competent Jurisdiction, then this Resolu[ton,
and any approvals herein contalned~ shall be deemed null and vold.
-2- PC78-117
1978.
THE FOREGOING RESOLUTION is signed and approved by me this 5th day of June
J
C AIRMAN~ ANAHEIM L Y LANN NG OMM 5 ON
ATTEST:
~i7~C./~ eC • ~4L~/t~u
SECRETARY, ANAHEIM LIT PLANWIN~ COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AFIAHEIM )
i, Edith L. Harris, Secretary of the Anaheim City Planning Commtssion~ do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission heid o~ June 5~ ig78, at 1:30 p.m., by the
foilowing vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, NcR85T~ KING, L(NN,TOLAR
NOES: COMMISSIONERS: JONNSON
ABSENT: COMMISSIONERS: N~FJE
IN WITNESS 4lHEREOF, 1 have hereunto set my hand this 5th day of June, 1978.
~~,~.~. ~' ~-~,,ti
SECRETARY~ ANAHEIM CITY PLRNNING COMMISSION
-3- PC78-it7