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PC 79-180RESOLUTION N0. PC79-180 A RESOLUTION OF THE ANAHEIM LITY PLANNIHG COHMISSION THAT PFTITION FOR COPlDITIONAL USE PERMIT N0. 2004 BE GRANTED, IN PART WHEREAS~ the Anaheim City Planning Commission did recelve a verified Petition for Condittonal Use Permit from COSMO VINCENT TAORMINA AN~ ARLE~dE TAORMINA, and TAORMINA INDUSTRIES, INC,~ 512 East Vermont Avenue, Anaheim, Callfornta, 92805, owners. and ANAHEIM ELKS LOOGE N0. 1345. BENEVOLE~IT AN~ PROTECTIVE ORDER OF ELKS~ 423 North Anaheim Boulevard~ Anaheim, Californfa 92805, agent, of certain real property situate~ in the City of Anahetm, Lounty of Orange, State of California, descrtbed as: PARCEL i: The Easterly one-acre of the Westerly four-acres of the following described land: Beginnina at the Northeasterly corner of Lot 28 of Anahefm Extensian, as shown on a map made by William Hamel, fited far record in the office of the County Recorder of Los Angeles County, California; thence Westerly along the Northerly line of safd lot, 786.90 feet to a point 37a.75 feet Easteriy of the Northwesterly corner of said Lot 28; thence Southerly. parallel to the Westerly line of said lot, ~~42 feet; thence Easterly parallel to the Nor[herly line of said lot, 78b.90 feet to a point on the Easierly line of said lot; thence 4ortherly along said Easterly line 442 feet to the point of be9Tnning. EXCEPTING from said Easteriy one-acre of the the WesterTy four- acres, that p~rtion occupled by Vermont Avenue, formerly Broad Street. PARCEL 2: The Westcrly one-half of the Easterly one acrc of the tifesterly flve acres of the following described land: Beginning at [he Northeasterly corner of Lo[ 28 of "Anaheim Extenslon"~ as shown on a map madc by William Hamel, filed for record in the office of the Lounty Recorder of Los Angeles County, California; thence Westerly along the Northerly line of satd lo*_, 786.90 feet Lo a point 37°.75 fcet Easterly a` ihc t:orthwes[eriy corner of sald Lot 28; thc~ce Southerly, parallel to the Westerly line of s~id Lot. 442 feet; thence Eas[erly parallel to the Northerly line of said lot, 7g6.90 feet to a point on the Easterly 11ne of said lot; thence Northerly along 3aid Easterly line 442 feet to the point of beginning, contalning 8.09 acres. more or less. EXCEPTING from said Eastarly one acre of the Westerly five acres that portTon occupied by Vermont Avenue, formerly Broad Street. ALSO EXCEPTING THEREFROM that portion included with(n Parcel i as shown on a map recorded in book 50, page 9 of Maps, records of Orange County, Californla. WHEREAS, the City Planning Cortunisston did schedule a public hearing at the City Hall in the Clty of Anaheim on August 27, 1q79, at 1:30 p.m., nottce of said public heartng having been duly given as requlred by law and in accordance wlth the provisTons of the Anaheim Municipal Code~ Chapter i8.03, to hear and conside~ evidence for and against said proposed reclassification and to investigate and make findings a~d recommendattons in connection therewith; said public hearing having been continued to the Planntng Commission meeting or September 10, 19?9; and PC79-t8o ~_ ' WHEREAS~ said Lommission af[er due inspectton, investigation and study made by itse lf and in its betialf, and after du e consideration of all evidence and reports offered at said hcaring, does find and de termine the following facts: i. That the proposed use i s properly one for which a conditional use permit is authorized by Anahetm Municipal Code Section 18.21.050.260 to wit: To permlt and Elks Lodge tn the RS-A-43,000 (Residentlal/Agricultural) Zone with watvers of: (a) SECTION 18.05.060.0264 - Minimum number of arkin s aces. 111 spaces required; 7~spaces proposed) (b) SECTION 18.21.062.010 - Maxtmum structural height. 0 eet permitted at property line; 20 ~t ~roposed) (c) SECTIOtI 18.21.063.010 - Minimum landsca ed front setback. 25 eet requ re ; 13-1 2 feet proposed) (d) SECTION 18.21.063.020 - Minimum stde ard setback. b eet requ re ; 0 e~proposed) 2. That the requested watver (a) Is hereby denied on the basis that the petitloner sttpulated at the public hearing to provide, in conformance with the zoning cQde regulations. a permanent parking agreeme;nt with the adJolning property owner to the west for the use of [htrty-three (33) additional parking spaces. 3. That the reauested waivers (b), (c) and (d) are hereby granted on the basis that other nearby propert(es are developed with non-residential uses having similar siie development standards and thai the subject properiy is long and narrow in shape making it difftcul[ to develop wTthout waivers. 4, That the proposed use, as granced, wi11 not adversely affect the adjoining land uses and the growth and development of the area in which tt is proposed to be located. 5. That the size and shape of thc stte p~or~s~d for the use. as granted, is adequate to atlow [he full development of the proposed us- ~n s mH~.~ar not detrimental to the parttcular area nor to the peace, health, safety, t.ti~~ general welfare of thc Citizens of the Clty of Anahelm. 6. That the ConditTonal Use Permit. as g~anted~ and under the conditlons imposed, wlil not be detrlmental to the peace. health~ safety and general wetfare of the Cltizens of the City of Anaheim. 7. That the trafflc generated by the proposed use wilT not Tmpose an undue burden upon the streets and highways designed and improved to carry the traffic in ths area. 8. That no one Indtcated their presence at said publfc hearing in opposition; and that no correspondence was received in opposttion to the subJect petition. -z- Pc7g-i8o f 1 ENVIRONMENTAL IHPAC7 FINDING: That the Anahelm City Planning Commission has reviewed C e proposa to permit an Eiks Lodge in [he RS-A-43,000 (Residential/Agricultural) Zone wt[h walvers of minimum number of parking spaces, maximum structural height, minimum landscaped front setback and minimum depth of sideyard on an trregulorly-shaped parcel of land consis[ing of approximatety 1.0 acre having a frontage of approximately 150 feet on the south side of Vermont Avenue, having a maxlmum depth of approximately 409 feet, being located approximately 35~ feet west of the centerline of Harbor Boulevard; and does hereby approve the Negative Declaratio~ from the requfrement to prepare an environmenta) impact report on the basis that there would be no stgnificant individual or cumulative adverse envtronmental tmpact due to the approval of this Nega[ive Declaration since the Anaheim General Plan designates the subJect property for commerctal recreation land uses commensurate wlth the proposal; that no sensitive environme~tal impacts are involved Tn the proposal; that the Initial Study submi[ted by the petittoner indicates no significant indlvtdual or cumulative adverse environmental impacts; and that the Negative Declaration substanttating the foregoing findings is on file tn the City of Anaheim Planning Depar[ment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ctty Planning Commission does hereby grant, in part, subject Petttion for Condttic+nal Use Permit, upon the followtng conditions which are hereby found to be a necessary prerequisfte to the proposed use of the subJect property in order to preserve the safety and general welfare of the Ci[izens of the Cfty of Anaheim: 1. That sidewalks shall be installed as requ(red by the City EngTneer and in accordance with standard plans and specificatl~ns on file in the Office of the City Engineer. 2. That street lighting facilittes olong Vermoni Avenue shall be installed as required by the Office of Utilities General Hanager, and in accordance with specificattons on file in Che Office of Utilittes General Manager; and/or that a bond. certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the a~ove-mentioned requirements prior to accupahcy. 3. That the owner(s) of subJect property shall pay to the City of Anaheim a fee, in an amoun[ as determined by the City Louncil~ for tree planting purposes along Vermont Street. 4. That trash storage areas shall be provided in accordance wtth approved plans on file with the Office of the Executive Dlrector of Public Works. 5. That ftre hydrants shall be installed and charged as requTred and determined to be necessary by [h~ Chief of the Fire Department prior to commencemen[ of structural framing. 6. That subject property shall be served by underground utilfties. 7. That drainagc of subJect property shall be dlsposed of Tn a manner sattsfactory to the City Engineer. 8, That the owner(s) of subJect property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for cortmercial buildings prior to the issuance of a building permit. -3- PC79-180 ~ ..~ 9. In the event that subJect property is to bc divided for the purpose of sale. lease~ or flnancing, a parcel ~ap, to record the approved divlston of subJect property shatl be submitted to and approved by the City of Anaheim and then be recorded in the ofFice of the Orange Councy Recorder. 10. That appropriate water assessment fees as determined by th~ Office of Utilities General "tanager shall be paid to the City of Anaheim prior to the issuance of a buttding permit. it. That the owncr(s} of subject property shal) submit a letter requesting the termination of Variance No. 3~53 to the Planning Department. 12. That thc proposed fraternal lodge shall complY with all signing raquirements of the RS-A-43,000 Zone unless a varlance approving otherwise is granted by the Planning Commission or Clty Councii. 13, Thai the property owner shall acquire a permanent parking agreement with the adjolning property owner to the wcst for thc use of thirty-three (33) parkfng spaces on said westerly property; said agreement to be approved by the C)ty Attorney as to form and content. 14. That subject property stiall be deveioped substantially in accordance with plans and specificatfons on ftle with the City of !.naheim marked Exhtbit t7o. 1. 15. That Condition Nos. 7. 3, 11 and 13, above-mentioned, sfiali be complied with prior to the commencement ~f the activity authorized under this resolu[ion, or prior to the timc that the building permit is issued~ or within a period of one year from date hereof, whtchever occurs first, or such further time as the Planning Lommission may grant. 16, That Co~dttton Nos. 1, 4. 6, 7 and 14, above-mentloned, sfiall be complied with prlor to final building and zanin9 inspections. BE IT FURTHER RESOLVED that the Anahelm City Planning Corrcnission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant`s compllance Hith eacf~ and aii of ti~e conditians herelnabove set forLh. Should any such candition, or any part thereof, be declared invalid or unenforceable by the ftnal Judgment of any court of competeni Jurisdtction, then this Resolution, and any approvals hereln contained, shail bc deemed null and void. THE FOREGOING RESOLUT10~1 is signed and approved by me this 10th day of September, 1979• p!~~ ~ ~ se.s-.-~~ CHAIRMAN±! . ANAHEI~ITY PLANNING COMMISSION ATTEST: .,~~ .~ ~L~. SECRETARY~ ANANEIM LITY PLANlNING LONMISSION -4- PC79-t8o '~_ 4 . 57ATE OF CAIIFORNIA ) COUt~TY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edtth L. Harris~ Secretary of the Anahelm CTty Pianntng CommissTon~ do hereby certify that the foregoing resolutTon was passed and adopted at a meeting of the Anahetm City Ptanning Commisslon held on Septembcr iA. 1979. by the folloNing vote of the members thereof: AYES: COMHISSIONERS: fiARNES, DAVID~ FRY~ HERBST~ KItIG. TOLAR NOES: COMMiS510NERS: NONE ABSENT: COMMISSIONERS: NOt~E ABSTAIM: COMHISSIONERS: BUSHORE IN t11TNE55 WFiER~OF~ I have hereunto se[ my hand this i0th day of September. 1979. 3~E~T .~ ~~ LA N H OMN 5530~ -5- PC79-180 ^ '