PC 81-244RESOLUTION NO. PC61 -244
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2278 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from SHIOW -ING LIN and FANG -LING LIAO, 426
West Ball Road, Anahiem, California, 92805, owner, of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
LOT 2 OF TRACT N0. 2839, IN THE CITY OF AIIAIIIEM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 85 PAGES 9 to 15 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on November 16, 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 12.03, 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 18.44.05n.140 to wit: To
permit commercial use of a residential structure with waiver of the following:
SECTION 18.06.060.0211 - Minimum number of parking spaces.
(11 spaces required; 8 spaces proposed)
2. That the requested waiver is hereby granted on the basis that the
request is minimal and denial would deprive subject property of a privilege enjoyed
by other properties in the same zone and vicinity.
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.
PC81 -244
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 two people indicated their presence at said public hearing in
opposition; and that a petition containing approximately 15 signatures was received
in opposition to the subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit commercial use of a residential structure with waiver
of minimum number of parking spaces on a rectangularly- shaped parcel of land
consisting of approximately 7000 square feet and having a frontage of approximately
72 feet on the north side of Ball Road (3347 !hest Ball Road); 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 low- density 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 the existing structure 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.
2. 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 commercial buildings prior to the issuance of a building
permit.
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 subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
ilos. 1 and 2.
5. That Condition Nos. 1, 3 and 4, above-mentioned, shall be complied with
prior to final building and zoning inspections.
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
PC81 -244'
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 16th day of
IJovember, 1901.
ATTEST:
1981.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, .ANAHEIM CITY PLANNING COMMISSION
1, 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 November 16, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November,
, .
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC81 -244