PC 78-50
RESOLUTION N0. PC78-50
A RESOLUTION OF THE A~~AHEIM CITY PLANNIt~G COPiMI55ION
TNAT PETITION FOR CONDITIONAL USE PERMIT N0. 1809 BE GRANTED
WHEREAS, the Anaheim City Planntng Canmtsston did receive a verified
Petttion for Conditional Use Permit from SOUTNERN CALIFORMIA EDISON COMPANY~ P. 0.
Box 2307, Santa Ana, California 92707, owner, a~d ROBERT P. SMYTNE, JR., 5265
f'ranklin Circle, Westminster, Lalifornia 92~83, agen[, of certain real property
situated in the City of Anaheim, Coun[y of Orange, State of California, described as:
That portion of the southerly 175 feet of Lot 20 of Tract No. 190,
as per map recorded in 9ook 23, page 50 of Miscellaneous Haps, in
the office of the Coun[y Recorder of said County, lying east of
the east line of Clementine Street and westerty of che westerly
line of the Santa Ana Freeway.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Mall in the City of Anaheim on March T3, 1978, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in ~ccordance wlth the
provistons of the Anaheim Municipal Code, Chapter 18.03, [o hear and consider
evidence for and against said proposed conditional use and to investigate and make
findings and recommendations in connection therewith; and
41HEREAS. said Commission, after due inspeccion, investigation and study made
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, does find and determine the following fac[s:
1. That the proposed use is property one for which a conditional use
permit is authorized by Anaheim Municipal Code Sectior. 18.b3.03~.010 to wit: to
pernit a wholesale nursery wtth a wa(ver of:
SECTIOt! 18,04.043.101 - Maximum fence hetaht.
(42 inches pcrmitted; 6 feet proposed)
2. That the proposed use is hereby granted, subJecL to review by the
Planiiing Commission at the end of a ftve (5) year perlod to determtnc whe[her the use
has been detrimental to the surrounding commerctal-recreattonal area.
3. That the aforementioned waiver is hereby granted on the basis that a
higher fence than permitted by Code is necessary for security purposes and the
proposed use (growing of trees and shrubbery) -rould be higher than the fence; and
that the proposed use is granted subJect to time limitations.
!F. That the petitioner stiputated to provtding a mtnimum three (3) f~t
wide landscaped setback along Clementine Street a~d Freedman Way.
5. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which It is proposed to be located
because i[ is located in a powerline easement and Is subJect to a time limitation;
and that petittoner's testimony at the pubiic hearing Indicates that maJority o` the
trees and shrubbery grown an the site will be used by the petitioner in hTs bustness
as a lartdscape contractor with ltttle or no retail sales.
PC78-50
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6. That the size and shape of the site proposed for the use which is
directly under Southern Laltfornia Edison Power Lines is adequate to allow the full
development of the pre~o~ed 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.
7. That the granting of the Conditlonal Use Permit under the condttlons
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Cittzens of the City of Anafieim.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to eRe subJect
petitlon.
E~~VIRONMENTpL IMPACT FINDING: The Planning Director or his authortzed
representative has dete~mined that the propased project falls withtn the definiCion
of Categorical Exemptions. Classes 1 and 4~ as defined in Paragraph 2 oP the City of
Anaheim Environmental Impact Repor[ Cuidelines and is. therefore, categoricatly
exempt from [he requirement to prepare an EIR.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Londittonal Jse Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to [he proposed use
of the subject property In order to prescrve the safety and general welfare of the
Cttizens of ihe Clty of Anaheim:
1. That [rash storage areas shall be provided in accordance with approved
plans on file wlth the Office of the Director of Public Works.
2. Tha[ subject property shall be developed substantially in accardance
with plans and specifTcations on file with [he Ctty of Anaheim marked Exhibit No. 1.
TNE FOREGOING RESOLUTION ts signed anr! approved by me this 13th day of
March, 1978,
ATTEST:
! (/`~ ~~Cr'~~
CHAIRHAN. ANAHEIM CITY PLANNING CO'1!11SS~ON
~~- ~° ~~:.,
°~ECRETARY~ ANAHEIM CITY PLA~~NlNG COMMISSION
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STATE OF CALIFORF~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris. Secretary of the Anaheim Clty Planning Commission, do
hereby certtfy that thc foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission hel~f on March 13, 1978, at 1:30 p.m „ by the
following vote of the members thcreof:
AYES: CD!1MISSIONERS: BARNES. DAVID, HERBST. KING~ LINN~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISStONERS: JOHNSON
1978.
IN 111TNE55 WHEREOF, I have hereunto set my hand this 13th day of March,
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SECRE ARY, ANAHEIM CiTY PLANNIt:G COMHISSION
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