PC 78-169
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RESOLUTION N0. PC78-169
A RESOLUTIOt~ OF THE ANAh1EIM CITY PUINNING COMMISSION
THAT PETITION FOR COWDITIONAL USE PERMIT tJO, 1863 BE GRANTED
WHEREAS, the Anaheim CTty Plan~ing
Petition for Conditlonal Use Permit from DA"IPIY
Street. California, °2805. owners of certain
Anaheim, County of Orange, State of California,
Commisslon dtd receive ~Qr~hr~East
L. KI Y,ER, ET Al, 770
real property situated in the City of
described as:
That portion of Lot i of [he Nnahelm Extenslon, !n the City of
Anaheim, as shown on a map of survey made by William Hamel and
filed in book 3, Page 163. et seq., of Los Angeles County Maps~
records of Orange County. described as follows: Beginning at the
northwest corner of the land conveyed to J. E. 1Jalter '~tpfflcial
deed recorded May 13, 1947 i~ book 15~u page 337,
Records, said point being West 817.84 fect from the rtortheast
carner of said lot; thence southerly 209.iFi feet along the
thence,5outhn73°o54'~25",Westt27~hg~sfeetwalongorthe Qprolongation
of the southerly line of said land of Walter, to the westerly line
to Sthe ,northwest cornerrof sa8d~~loteethence Easi~281507rfeetito
the point of br_ginning.
WHEREAS, the CIiY Plan~i^9 ~o~""ission did hoidMa P~not(Ceeaofn9saldthpublic
Hall in the City of Anaheim on July 17. 1978, at 1=3~ P•~•.
hearing having been duly given as required by law and ir. accordanr_e with the
provisions of the Anaheim Municipal Code, Chapter 18.03, [o hear and consider
findings andrrecommendationssindconnectionetherewith, and and to investigate and make
HHEREAS, said Commission, after due inspection, invcstl9ation ~nd study made
offered,atasatd~heartnahadoesafindfand determinedthetfollowtng,fa~tsence and reports
1, Thet the praposed use is properly one for which a conditio~al use
permit is authorized by Rnaheim Municipal Code Section 18.03.030.010 to wii: to
permit expansion of a service station with waiver of:
SECTION 15.67.030.070 - Minimum landsca ed area.
3 oot setback adJacent Co interl~r
boundary requlred; rone proposed)
2, 7hat the proposed walver is hereby granted subJect to the petitioner~s
stlpulatlon to provide an equal amount of la~dscaping (approxlmately 9~0 square feet)
elsewhere on the site sTnce provumi~tslandsscaping as requtred by Code would
necessitate relocating the existing p P
3, That the proposed use will not adversely affect the adJolning land uses
and the growth and development of the area ln which it ts proposed to be located.
PC7~-tG9
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RESOLU710N N0. PC78-159
A RESOLUTION OF THE ANAIIEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERHIT N0. 1863 BE GRANTED
WHEREAS, the Anahefm Clty Planning Canmisslon dfd recelve a verified
Petitlon for Conditlonal Use Permit from DANt~Y L. Y.IY.ER, ET AL, 770 North East
Str~et~ CaliFornla, 92g05, owneri of certain real property situated in the City of
Anahelm, County of Orange, State of California, described as:
That portlon of Lot i of the Anahaim Extenstan, in the City of
Anaheim~ as shown on a map of survey made by William Hamel and
filed in book 3, page 163, et seq., of Los Angeles County Maps.
records of Orange County, described as follows: Beglnning at the
northwest corner of the land conveyed to J. E, Walter et al., by
dced recorded May 13. i9~7 in book 1514 page 337, Offlcial
Records, said point being Uest 817,84 feet from the northeast
corner of said lot; thence southerly 209,41 feet along Lhe
westerly li~e of said tand to the southwest corner of said land;
thence Souch 73° 54' 25" West 270.81 feet along the prolongation
of the southeriy line of said land of Ilai[er~ to the westerly line
of said lot; thence northerly 288.00 fee[ along said westerly line
to the northwest corner of said lot; thence East 281,07 feet to
the point of b~ginnfna.
WHEkEAS, the City Planning Camnisston did hold a publlc hearing at the City
Hall in the Ctty o~ Anaheim on July 17, 1978~ at 1:30 p.m.~ notice of said public
hearing having been duly given as required by law and in accordance with the
provtsions of the Anaheim Nunicipal Code. Lhapter 18,c!3, to hear and consider
evidence for and against sai~ proposed conditionai use and to investigate and make
findings and recommendations in conneccfon therewith; and
NHERERS~ said Commission, after due inspection, investigaCion and study made
by itself and in its behatf, and after due consideracion of all evtdcncc and reports
offered at satd hearing, does flnd and determine the following facts:
1. That the proposed use is properly one for which a conditiona! use
permi[ is authortzed by Anahetm Muntctpal Code Section 18,03,G30.010 to wit: to
permi[ expansion of a service station with waiver of:
SECTION 1P,.87.030.070 - Hinimum landscaped area.
3 oot setback adjacent to interlor
~undary required; none proposed)
2. That the proposed waTver is hereby granted subJec[ to the petitioner's
stipulation to provide an equal amount of landscaping (approximately 900 square feet)
elsewhere on the site since providtng landscaping as requlred by Code would
necessTta2e relocaxing the existing pump Isla~ds.
3. Thet the proposed use will not adversely affect the adJolning land uses
and the grawth dnd development of the area in which it ts proposed to be located,
PC78-169
4. That the size and shape of the site proposed for the usc is adequate to
allow the full 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 Lity of Anahelm.
5. That the granting of the Conditlonal Usr Permit undcr the conditions
imposed, if any, will not be detrimental to the peace, hcalth, safety and general
welfare of the Citizens of the City of Anaheim.
6. That no one indlcated [heir presence at said public hearing in
opposition; and that no correspondence was received tn opposition to the subject
petttion.
ENVIRONMENTAL IMPACT FINDING: The Planrtinq Director or his authorized
representative has determined that the proposed proJect falls wlthin the definition
of Categorical Exemptions, Classes t and 3, as defined Ir~ Paragraph 2 of the City of
Anahelm Envtronmental Impact Report Guidelines and is, therefore, categorically
exempt from the requirement to prepare an EIR.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim Ci[y Planning Commission
does hereby grant subject Petition for Condltional Use Permi[. upon the following
conditions which are hereby found Lo 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 thc City of Anahelm:
1. That street lighting facilttles along La Palma Avenue shall he
installed prior to the ftnal building and zoning inspections unless otherwise
approved by the Dtrector of Public U[ilities, and in accordance with standard
specifications on file in the Office of the Direc[or of Public Utilitles; and/or that
a bond~ certificate of deposit, letter of credit. or cash, in an amount and form
satisfactory to the Clty of Anaheim shall be posted wt[h the City to guarantee the
installation of the above-mentloned requirements prtor to occupancy.
2, That the owner(s) of subject property shall pay to the Clty of Anaheim
ihe sum af [hree and one-half doiiars (53.50} per front foot afong East Street for
street lighting purposes.
3. That [he owner(s) of subJect property shall pay the traffic stgnal
assessment fee (Council Policy No. 214) amounting to 5363.00 per square feet of
building or fraction thereof prior to the Tssuance of butiding permit.
4. That subJect property shall be developed substa~tially in accordance
With adopted Service Statton Minimum Slte Development Standards, excep[ as walved in
connection with this conditlonal use permTt.
5. That subject proper[y shall be developed substantially tn accordance
wTth plans and specificattons on file with the City of Anaheim marked Exhibit No. 1;
provided, however~ that a mfnimum of approximately 900 square feet of landscaping
shall be provided on the stte.
6. That Conditlon Nos. 1 and 2, above-mentioned~ shall be complied with
prior to the cormnencement of the actlvi[y authorTzed under this resolution, or prior
to the time that the building permit is issued~ or withTn a period of one year from
date he~eof, whichever occurs first, or such fu~ther ti~re as the Plann(ng Comm(ssian
may grant.
-2- PC78-169
7. That Condit'ton Nos. 4 and 5, above-mentloned, shall be complled with
prior to final butlding and zonin9 inspections,
BE IT FURTNER RESOLVED that the Anahelm City Planning Commisslon does hereby
fTnd and determine that the adoption of this Resolutlon is expressly predicated upon
applicant's compliance with each and al) of the conditlons herelnabove set forth.
Should any conditlon or any part thereof, be declared tnvalid or unenforceable by the
final Judgment of any court of competent Jurisdiction~ then this Resolutlon, and any
approvals herein contained~ shalt be deemed null a~d vold.
~978.
THE FOREGOING RESOLUTION is signed a~d approved by me thls 17th day of July.
,~~.~~~...s~~ ~a..,..4/
CHAIRHAN PRO TEMPORE
At1AHEIM CITY PLANNING COkMIS510N
ATTEST:
`~~.~. .~ Z.~,~~ .
~ECRETAR . ANAHEIM CITY I./~NNING LOMHISSION
STATE OF CALIfORNIA )
COU~~TY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edtth L. Harris, Secretary of the Anafiei~ City Planning Cwnmtssion, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 17~ 1978, at 1:30 p.m,,by the
followTng vote of the members thereof:
AYES: COHMISSIONERS: BARNES, DAVIO, JOHNSON, KING~ LI~IN, TOLAR
t~0E5: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
!N 5JlTl~ESS NNEREOF, ! have hereunto sct my hand thts 17th day of July, 1978.
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SELRE7ARY~ ANAHEIM CITY PLANNING COMMISSION
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