PC 80-158. .. .
RESOLUTlO~a N~. PC2~-15°.
A RESOLUTI ON OF THE A'IANE ~'1 C ITY PLANN IN , CO~1M I SS 1~~1
THAT PETITIOiI FOP, CONDITIONpL USE PER""IT N0. 71~~ BE G441lTED
WfiEREAS, the Anaheim City Planninc~ Commission did reccive a verified
Petition for Conditlonal Us~ Per7it fron BRUCE bJAL?7., 7_52~. West Clearbr~ok Lar-e,
Anahetm, Caltfornia, ~2$~~~ and RUTri J, EN~LISN, ~~pn West C.learbroo~ Lane~ Anaheim,
California, ~2$n4, ~~mers of c~rtain real property st[uated in the Citv ~f Anahefm~
County of Orange, State of Cali`ornia, descrihed as:
Lots 40 and 42 of Tract 2(tF2, r!.M.qY,. 71., P~S. 3 and !~; "In
uninc~rperated [c r,itory ~range County, California hrl~o a
subdiviston of a portion or' the SN 1/h of Section 13, T, 45,
R• »~1•, in the Rancho Los Coyo*cs~ S,9,M,~ M,N, ~1-}~ County of
Or~nge California.
41HERE/1$, the Ctty Plannino Cormissl~n did ~olr1 ~ putilic tiearing at the Civic
Center in Lhe Cicy of Anahefm on September 22, 1~R^~ at 1:3~ o,m,~ notice of said
publle heari~q havinq been duly gtven as required hy ~~t;. ~nd fn arrn-_
prev?sions of *.hc Aflbheirn HunlctPal Code Lha cer iP,~ ~~~~~ •~i'~ `~~
evldence for anrl aqainst sald ~ ~ 3+ t~ `~Par and consider
ma~e findings and rzr_ommrndationsopnSCO~nectionother~sltherqn~} a~~ =o Inv~stioate and
t~HEREAS~ sai~' Cortunission~ after Aue inspection, invrstlc-ation an~! study made
by itself and in its bei~alf, and after due consid~ration of ~11 evidPnce and renorts
offere~ a[ said heartng~ does find and deternine the f~1)cx•~in~ facts:
1. That the proposed use is pr~perly onr f~r whieh a condir!or~~1 ~es~
permTt iS authc~ri7Pd hy 4n~tiRt,T y;~-;j=I~,~~ ~que ~ec[ion Ir.n3.~3^.'ll~ tn wTt: to
~etatn two aviartes in chc RS-72~0 (ResiAentiai, Singl~-Famlly) Zone y1~LF1 waiver of:
SECT10`f 13,!12,057.~12 - Minimum sethack for hird avlaries.
~S^ teet ~om np qhAerina rpsid~nces ancl
2~eet from oroperty Iln~ revulreri;
~11 and ~+ feet exisclna)
2. That the proposed use ts h~rPb~~ qranted fo~ a nax(mum of seventy-five
~75) birds on each lot for a pertod of one (1) year~ suhject to rPVTew for possible
extenslons of ttme to de[erminc whether the use has ha~ a detrTmental Ir~pact on thc
surrounding resldential arca.
4. fhat the proposed use ~~ill noc advertcly aFfecc th~ id(otn~~a )A~~i uses
and the growth and development of L'+c area in ~•~hich it te nr~~,OSed t~ bc lozat~d.
5. That the slzr. and shapc of the slt~ nroposed f~~ the us~ is adequate to
allow the full develo~ent of the~ oro~osed usc ln a manncr nnt detrimrntal to thc
partlcular area nor to tlie peace~ health, sofety~ and neneral rre)fare of the Ci[izens
of the Lity of A~~heim.
Pf~9~-159
6. 'ha[ the nrantina of [he Conditional !)se PerR,it under Che condittons
inposed, if any, will not he detrimental to the oeace, health, safety and general
welfare of the Citizens of the City of Anahefm,
7. That the traffic generated hy the proposed use v~ill not impose an undue
burden uoon the streets and h1g'~~+» y5 d~slgned and improved to carry the traffic in
the a~ea.
8, Tha[ no one indicated their presence at said public heartng in
opposition; and that seven (7) 1~tters were received in support of the subject
petition, and one petition was received ~ontainino six (G) signatures of neighbors
supporting the rr.quest.
E~IVIRON:MENTAL IMP~CT FIN~ING: That the Anahein Citv Plannina Commisslon has
revicr~d the proposal to retain r.vro ~viaries on t~~ lots in the R~-71_~f1 (Residential~
Single-farily) Zone with a watver of minimum setbac~ for hird aviaries on two
rectangularly-shaped parcels of land consicting of aporoxinately !1,3F. acres, having a
fronta~e of approximately 1~+4 feet on the sou[h sidP of Clearbrook Lane~ having a
maxinin depth of approximately 11~ feet and being located ap~roximately 14(1 feet east
of the centerlin~ of Velare Strcet: and does hPrehy aoprove the ~~eg~tive Declaration
from the requireme~t to prepare an environmentil im~act report on the hasis that
t~~r? ~:~uT~ t,e n~ ~ign{ficant ind(vi~ual oF cur~uiative a.iveese envirenr„entai impaet
due to the apnroval of this Negative Declaration sTncr, the Anaheim ~eneral Plan
designatns the sutiject nroperiy for loar-density r~sidential land uses conmensurate
wlth thc proposal; [hat no sensitivr_ envlronmental impacts are involved in the
proposal; that the Inltlal Stu~fy sutimitteci by the ~etiti~ner indicates no
signiflcant indivfdual or cumutacivc acfverse environmental impacts; and that the
Negative ~eclara[lon suhstantiating the foregoinc~ ftndings is on file in the City of
Anaheim P2annina Department.
I~QV, TNERfFf1RE, PE IT 4ES~LVE~ thai the AnahPim f.ity Plan~ina C.ommicsion
docs !ir_ret•y gr~nt subjrr_t Petition for Conditional 1'se Permit. upon the foilowing
condtttons which are hereby found to he a necessary prerequisite to the proposed use
of tfie su~~ject oroperty in order to preserve the safety and g~neral F~elfare of the
Citizens of the City o` Anaheln:
1. That subject nroperty shall he devel~oed suhstantTally in accordance
with plans and specifications on file wit'~ Lhe City of Anaheim marked Exhibit No. 1
2. Tha~ the orcK>osed use is nranted far a maximun of 75 bircls on each lot
for a pertod of on~ (1) year sutiiect to rrvler~ for possihle extensians of time to
determine If t~~e use has had a detrimPntol tn~ac[ on the surrounding resTdential
area. Said r~vicw hy th~ Plann(nn Ccrr.~issien shall he tnitiated hy a written request
of the petictoner,
RF. I1' FURTHER AFS01_VED tf,at the Anrheim City Planninn Comritssion does hereby
find and Jetrrnine chat adnption of this 4esolution is r.xpressly predtcated upon
appliean['s conplia~ce witti each ind all of Lhc c~n<Iltions herein~bove set forth.
Should ~ny Suc~, cc~nditfon, or inv ~art th~reof~ tin dcclared Invallr~ ~r unenforceable
-?- PC~3~-1 r,o
~
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals ~i°rein contained, shall be deemed null and void.
THE FOREGOItJG RESOLUTlOPI is signed and aopruved by me this 22nd day of
September, 193~• ~~~~~~ ~
CHAI~AN,~~M CITY PLANPlINR COMMISSION
ATTEST:
c~l~C,r~w ~ • .
SECRETARY, NAHEIPI CITY PLAtJNiNG COMMISSION
STATE OF CALIFOR~lIA )
COUNTY OF OP,ANGE ) ss.
CITY OF ANANEIM )
I, Edith L, iizrris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoir~g resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on Septe~nber 22, 19~0, by the following
vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORF, FP.Y, HERBST, KIPlr,~ TQLAR
NOES: COMMISSIONERS: NONE
ABSENT: COPIMIS510NERS: BARNES
IN WITNESS WHEREOF, 1 have hereunto set my hand this 27.nd ~ay of September,
1980.
~,~-~ ,~ ~~..~
SEC°ETA°,Y, RNAHEIM CITY PLANNIMG COMMISSION
_~_ PCBo-15~