PC 81-189RESOLUTION N0. PC81 ®189
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2254 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from MERVADA, INC., 34000 Via De Agua, San Juan
Capistrano, California, 92675, owner, and LESTER COWLES, 3400 Via De Agua, San Juan
Capistrano, California 92675, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
The South 95 feet of the West 229.26 feet of the following
described land: That portion of the Southwest quarter of the
Northwest quarter of Section 28, Township 4 South, Range 10 West,
as said Section is shown on a Map thereof recorded in Book 51,
Page 10, Miscellaneous Maps, records of said Orange County,
together with a portion of Lot 1 of the Townsend Subdivision as
shown on a Map thereof recorded in Book 5, Page 40 of
Miscellaneous Maps, records of said Orange County, and a portion
of the abandoned street adjoining said lot on the South, described
as a whole as follows: Beginning at the Southwest corner of the
North 264 feet of the South half of the Southwest quarter of the
Northwest quarter of said Section 28, and running; thence North 0
deg. 56° 30" West along the West line of said Southwestquarter of
the Northwest quarter, 285.57 feet more or less to the Southerly
line of the Anaheim - Barber City Channel, 50 feet wide, as
described in the deed recorded June 9, 1960 in Book 5280, Page
150, Official Records, said point being on a curve concave
Northwesterly and having a radius of 2413.45 feet, a radial line
to said point bearing South 7 Deg. 53 42" East; thence Easterly
along said curve through a central angle of 5 Deg. 44° 12" an arc
distance of 241.64 feet to an angle point in the Westerly boundary
of Tract No. 3946 as shown on the Map of said Tract, recorded in
Book 140, Pages 33, 34 and 35 of Miscellaneous Maps, records of
said Orange County; thence South 0 Deg. 56 30" East along said
Westerly boundary, 327.35 feet to the South line of the North 264
feet of the South half of the Southwest quarter of the Northwest
quarter of said Section 28; thence Westerly along said South line,
238 feet to the point of beginning.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Septemher 9, 1981, at 1:30 p.m., notice of said
public hearing having been duly given as required 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 permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, 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 18.41.050.130 to wit: to
permit an office use of a residential structure.
2. That the proposed use is hereby granted subject to the petitioner's
stipulation to provide a 6 -foot high chainlink fence or 6 -foot high masonry block
wall along the east property line.
3, 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.
4. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed 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.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That one person indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit an office use of a residential structure on a
rectangularly - shaped parcel of land consisting of approximately 0.4 acre, having a
frontage of approximately 95 feet on the east side of Euclid Street, approximately
395 feet north of the centerline of Orangewood Avenue (2050 South Euclid Street); and
does hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan designates the subject property
for general commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1, That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the issuance
of a building permit or commencement of the activity herein approved, whichever
occurs first.
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2. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3396) in an amount as determined by the City Council,
for each new dwelling unit prior to the issuance of a building permit or commencement
of the activity herein approved, whichever occurs first.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
4. That the existing structures shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim.
5. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2; provided, however, that a six (6) foot high chainlink or masonry block wall
shall be constructed along the east property line.
6. That all of the preceding conditions shall be complied with prior to
commencement of the activity herein approved or within a period of ninety (90) days
from the date herein, whichever occurs first.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 9th day of
September, 1981.
ATTEST:
1981.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION'
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION'
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on September 9, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September,
SECRETARY, ANAHEIM'CITY PLANNING COMMISSION
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