PC 79-156~
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RESOLUTIOD! N0. PC79-156
A RESOLUTION OF THE NNAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT M0. 2002 BE GRANTED
WHEREAS, the Anaheim City Planning Commisslon did recetve a verlfied
Petition for Conditional Use Permit from SOLOMON WEINBERG AND HARRIET JUNE WEINBERG,
2731 Jackson Avenue, Anaheim~ California, owners of certain real property situated fn
the City of Anaheim, County of Orange, State of California, described as:
Lot 47 of Tract No. 3614, as sho+~m on a Map recorded In Book 152,
pages 42, 43 and 44 of Mfscellaneous Maps, records of Orange
County, Calffornia.
41HEREAS, the Lity Planning Commissio~ did hold a public hearing at the City
Hall in the City of Anaheim on July 3~, ~979~ at 1:30 p.m., notice of ,aid public
hearing having been duly given as requtred by law and in accordance with the
provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permTt and to investigate ~nd
make flndings and recommendations in connection therewith; and
WHEREAS~ sald Lam~ission, af[er due inspection, invesiigation and study made
by itself and in tts behaif, and after due cor~sideratlon of alt evidence and reports
offered at said hearfng, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit: to
retain an aviary with waiver of:
SECTION 18.02.U52.012 - Minlmum setback for a bird coo .
20 eet rom oropert line re ulred•
none nx sting
2. Tha[ the proposed use ts hereby gran[ed for a maximum oP 300 birds for
a period of two (2) years, subject to review and possi6le extensions of time by the
Planning Commiss(on at the end of that tfine, if it ts determined that the use has not
had a detrimental affect on the surrounding residentlal uses.
3. That the requested waiver is hereby granted on the basis that subject
property is relatively isolated and abuts restdenttal proper[y on the north side
only, that the requested setback waiver pertains to the east property line whfch
abuts Rio Vis[a Street, an arterial highway; and that the usa does not have a
detrimental affect on the health, safety and welfare of thr. surrounding area.
4, That Che proposed use will not adversely affect the adJoining land uses
and the growth and develapment of the area ln which lt is Nroposed to 6e located.
5, That the size and shape of the site proposcd for the use is adequate to
allo~v the full development of the proposed use in a manner not detrimental to the
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particular area nor to the peace, health. safety, and general welfare of the Citizens
of the City of Anahelm.
6. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimentat to the peace, health, safety and general
welfare of the Citlzens af the City of Anaheim.
7, That the traffic genera[ed by the proposed usc will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
8, That no one indicated their presence a[ satd public hearing tn
oppositfon; and that no correspondence was received in opposition to the subJect
petition.
ENVIRONMENTAL IMPACT FINDING: Tha[ the Anaheim City Planning LommTsston has
reviewed the proposal to retaTn an aviary +atth waiver of the minimum setback for a
bird coop on a rectangularly-shaped parcel of land consisting of approximately 9167
square feet located at the northrrest corner of Jackson Avenue and Rlo Vista Street,
having approximate frontages of 103 feet on the north side of Jackson Avenue, 89 feet
on the west side of Rto Vista Street and 89 fcet on the east side of Planta[ion
Place; and does hereby approve the Negative Declaratlon fran the reGuirement to
prepare an environmental impact report on the basis that there would be no
signi`icant tndividual or cumulative adverse environmental impact due to the approval
of this Megative Declaratio~ since the Anahein Generat Plan dest9nates the subJect
property for low-density residential land uses commensurate with the proposal; that
no sensitive environmental impacts are tnvolved in the proposal; tha[ the Inttial
~tudy submitted by the petit9oner indicates no significant individual or cumulative
adverse environnental impacts; and that tha Negative Oeclaratian substan[laiing the
fore9oing findings is on file in the City of Anaheim Planning Department.
NOtil, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Com~nission
does hereby grant subJect Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequislte to the proposed use
of ihe subject property in order to preserve Lhc safcty and general welfare of the
Citizens of the City of Anaheim:
1. Tha[ subject property shalt be developed substantiaily in accordance
with plans and specifications on file with the Clty of Anaheim narked Exhibit No. 1.
2, That the existing aviary struc[ure be brought up to the minimum
standards of the City of Anaheim including the Uniform Buitding. Plumbing,
Electrical, Hechanical and F(re Codes as applicable and as adapted by the City of
Anaheim.
3. That Condition I~os. 1 and 2~ above-mentlonEd~ shall be complied v~ith
within 3~ days of the approval of this permit.
BE IT FURTHER RESOLVEO that the Anaheim City Planning Cartmiission does hereby
find and determine that adoption of thfs Resolutlon is expressly predtcated upon
applicant's compliance wlth each and all of the conditlons heretnabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
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by the final Judgment of any court of compeYent Jur(sdictlon, then this Resolution~
and any approvals herein co~tatned, shall be deemed null and void.
1979.
TF1E FOREGOING RESOLUTION is stgned and approved by me this 30th day of July,
~~ s - ~ ~a...,^.~.~
CHAIRMAN, ANAHEIM CITY PLANNIPIG COMMISSION
ATTEST:
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SECRETARY~ APlAHElM CITY PLANNING COMMISSIOt~
STATE dF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAh1EIM )
I, Edith L. Harris, Secretary of the Anaheim Clty Planning Correnission, do
hereby certify that [he foregotng resolution was passed and adopted at a meetTng of
the Anahelm Llty Pla~ning Commission held on Juty 30, 1979, by the followtng vote of
the members thereof:
AYES: COMMISS{ONERS: BARNES, BUSHORE, OAVID~ NEP.BST, KING, TOLAR
NOES: COMMISSIONERS: NOt1E
AaSENT: COMMISSIONERS: FRY
1tJ WITNE55 WHEREOF, I have hereunio set my hand this 30th day of July. 1979.
~~Lcr~C ~ ~.e.c,~,~:.,
SECftETARY, AHAHEIH CITY P4A!7~lING LOMMISSiON
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