PC 79-56RESOLUTIOH N~,. PC79-56
A RESOLUTION OF THE ANAHEI'1 CITY PLANf11NC C0~1'i15510N
THAT PETITION FOR CONDITIONAL USE PERy1T N0. 1~53 BE GRANTFD
IlHEREAS, the Anahcim Clty Planning Coc+misslon did receivc a verifieJ
Petition for Conditionn) Use Permit fror~ FRANK A~lD MARION MALAVARS~C, 1Q2 North
Evcrgreen Strcec, Anaheim, California 923n5, owr+crs. am1 T~`1 LAMPBELL. 1=~25 East
Ltncoln Ave.nue. Anahein~ Californta q28n5, agent, of certain real oroperty situated
fn thc City of Anahelm, County of Orange, State of Californta. descri~ed as:
Lot 115 of Tract No, iL•24. in the City of Anahein~ as shc~m on a
map thcreof recorded in boo~. 4E, at nages 17 and if., of
MTscellaneous Maps, records of said Oranqe County.
WNEREAS, the Ci[y Planning Commission did hold a public hearing a[ the Lity
Hail in the City of Anaheim on March 26, 197Q, at 1:3~ p,n., notice of said oublic
hearin~ having been duly given as reautred by law an.i tn accordance with the
p~ovisions of the Anaheim Municipal Code, ChaDter i?.e3, to hear and consider
evidence for and agains[ said proposed conditlonal use and [o investigate and make
findings and recor+mendations in connection the~eHlth; an,.'
41FiEfiEAS. said Cammisston, af[er due inspection. investfgation and study made
by itself and in (ts behalf. and after due consideration of all evldence and reports
offered at said hearing, does find and determinc the foilowinq facts:
1. That th~ proposed use is properly one for w!,ich a conditional use
permit is authorized hy Anaheim Municipal Cafe Section iG.~3,030.~1~ to wit: to
permit office uses tn an existing rrs(dential structure wi[h waivers ofi:
(a) SECTlOtI 1$.26.n63,n1~ -'iinimum landsca~ed front setback.
~~ cet requ~red; 5 eet p~OpoSed)
(b) SECTIOtI 1&.Ob.OG3.191 - Maxtmun fence hcl ht.
2 nches perm tted tn fron[ setback;
0~ nT ches proposed)
2. That the offlce uses in Lhe restdential structure shall be itmited to
~eal ?state~ insurance and tax preparation.
3. That the proposcd walver (a) is hereby gra~ted on the basis that the
structure ts existing and denial would be depriving subject property of a prTvilege
being enJoyed by other propertles in the same zone and vicinity.
4, That the proposed waivcr (b) Is hereby granted on the basis that the 5~
Poot h(gh slumpstone fence shall be constructed to within 5 feet of the nor[h
property line on Evergreen Street in order to screen the proposed comnerclal parking
PC79-56
area from nearhy residential properties therehy protrcting said resiJential
proper[ies.
5. That the oroposed use is herety granted subJect to the stipulation of
ihe petittoner at the public hearing th~t the two parking spaces located at the rear
structure N111 be designated for e~ployec parking only and thac a gate will be
provided and kept closed at all times in order to prevent customers from parking in
this area and then backing out onto Ltncoln Avenue,
6, That [he proposed usc will no[ adversely affect the adjoinfng land uses
anJ the growth and development of the area in which it is proposed to be located.
7. That the size and shape of the sitc proposed for the use is adequate to
allow the fuli developnent of the proposed use in a manner n~t detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
8. That the granting of the Conditlonal Use Permit under the conditions
imposed, if any, will no[ be decrimental to the peace, health. safety and general
weifare of the Citizens of the City of Anahein.
4. Thac no one indicated their oresence at s~id public hearing in
opposition; and that no correspondence was r~ceived in oppnsitlon [o the subJect
petition.
EHVIRO'~yENTAI 19PACT FI!7DIriG: That che Anahelm City Plannina Commisston has
reviewed the proposal to oermit o Ice uses in an existing resldentlal structure with
waivers of minimum landscaoed front sethack and maxfnun fence hetaht on a
rectangularly-shaped parcel of land consisting of approximately 6oQL square feet
located at the northeast corner of Llncoln Avenue ar,d Evergreen Street, havtng
approxina[e frontages of 1~$ feet on the north side of ~incoln Avenue and F,3 feet on
Lhc cast si~c o' ~vcrr,tecr Strcct; artd ~ocs ~ereby spFrevc thc ~ieg~:tve Declaratlcn
from the rcqulrement to prepare an environmental impact report on the basis that
there would be no signtficant indtvidual or cumulattve adverse environmental impact
due to the approval of thls Neaatfve Dcclaration since the Anaheim General Plan
designates the subiect property for commercial professional land uses commensurate
with [he proposal; tha[ no sensitive em troMnental in~pacts are fnvolved in the
proposal; that the Initial Study submi[ted by the petitioner indicates no
si9nificant indlvidual or cumulative adverse environmental impacts; and that the
Negative Declaration substantiacing the foregoino findinrys ts on file tn [he Ctty of
Anahcim Planntng Department.
NOW, THEpEFORE, BE IT RESOLVED that the Anahelm City Planning Carcnissian
does hereby grant suLJect Petttion for Conditlonal Use Permit, upon the following
condittons which are hereby found to be a necessary prerequisite to [he proposed use
of the subJect property in order Co preserve the safety and general welfare of the
Citizens of the City of Anahetm:
1, That subJect property shall be developed substantially tn accordance
with plans and sFecificatlons on file with the City of Anaheim marked Exhibit "los. 1
and 2; provided~ however, that the two parYing spaces located [o the rear of [he
building shall bc limited [o employee use only and that a locked gate shall be
provided to prevent customer use of those two parking spaces.
'Z' PC79-56
2. That [he existing structure shall be brought up Yo the minimum
standards of the Clty of Anahelm, Including the Uniform Builciing, Housin9i Plumbing,
Electrical~ Mechani~al and Fire Codes as adopted by the Clty of Anaheim.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Dtrector oT Public Works.
4. That the owner(s) of subJect property shall pay the difference between
[he dwelling uni[ and commerctal traffic signal asse5sment fees (Ordf~ancc No. 38g6)
in an amount as determined by the Lity Councll, prlor to the issuance of a build(ng
permit, or prior to the commencement of the ~ctivity authorized hereln.
5. Thai [he proposed office shall comply xith all sianing r~quirements of
ihe CL (Commercial, Limited) zoning.
6, Tha[ Conditton Nos. i~ 2 and 3, above mentioned, shali be canplieJ wtth
prior to final building and zonina inspec[tons.
BE IT FURTIiER RESOLVED that the Anaheim Cl.ty Piannln~ Cor.mission does hereby
ftnd and de[ermine that adop[ton of this Resolution is expressly predicated upon
appiicant's compliance with each anJ all of [he condltions hereinabove set forth.
Should any such conditfon, or any pari thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdtcti~n, then this Resolution.
and any approvals hcrein contained, sh~ll be dce~ed null and void.
Tf!E FORE~01!JG RESOLUTIOtJ is signed and approved by me this 2F[h day of
March, 1979. ~
`
i
LHAI ,. N, A~~i,NE "1 ITY PL !!tlltlG C~~4IISSION
ATTEST:
i~L(.~/ - .
SECRETARY, AYAHE~M CITY LANNING LOMMISSION
STATE OF LALIFORNIA )
COUN7Y Of ORANGE ) ss.
CITY OF A~IAHEIM )
I, Edith L. Harris, Secretary of the Anahefm Citv Planning Commisslon, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on Harch 26. i?79, by the following vote of
~he members thereof:
AYES: COMHISSIO`IERS: BARNES, BUSHORE, DAVID, HERBST, JOHPlSOt1. Y.ING
NOES: COMl115SIONERS: NONE
ABSENT: COM`115510NEP,5: TOLAR
IN WIT~~ESS uFiEP,E'1F, 1 have hcreunto set my hand this 2Sth day of March,
~97°.
~~r~ .~ ~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- Pt79-56