PC 82-146,~.
RESOLUTION P70. PC82-146
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A RESOLUTZON OF THE ANAHEIM CI'?'Y PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL LTSE PERN'T NO. 2359 BE GRANTED~ IN PAP,T
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from STANLEY F. AND SYLVIA C. WONG, 1906
East South Street, Anaheim, California 92805, owner, of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 16 OF ANAHEIM EXTENSZON, AS SHOWN ON A MX~P OP
SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY OF WfiICFi IS SHOWN
IN BOOK 3 PAGE 163 ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS" IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY~ DESCRIBED AS
FOLLOWS:
HEGINNING AT A POINT ON THE CENTER LZNE OF SOUTH STREET~ SAID POINT
HEING THE NORTHWEST CORNER OF LAND CONVEYED TO JAMES B. KERWIN BY
DEED RECORDED OCTOBER 28, 1947 IN BOOK 1590 PAGE 187 OF OFFICIAL
RECORDS, THENCE NORTH 74 QEGREES 36 MZNUTCS OS SECONDS EAST 111.50
FEET AIAtdG SAID CENTER LINE: THENCE SOUTH 15 DEGREES 45 MINUTES 25
SECONDS EAST 188.75 FEET PARALLEL WITH THE WEST LINE OF SAID LAND OF
KERWIN TO THE NORTHWESTERLY LZNE OF THE LAND DESCRIBED ItQ THE DEED TO
WILLIAM H. GRESEL. ET UX, RECORDED JULY 3, 1948 IN HOOK 1663 PAGE 397
OF OFFICAL RECORDS: THENCE SOUTH 74 DEGREES 36 MINUTES OS SECONDS
WEST 111.50 FEET 11LONG SAID NORTHWESTERLY LINE OF SAID WEST LINE OF
THE LAND OF KERWIN: THENCE NORTH 15 DEGREES 45 MINUTES 25 SECONDS
WEST 188.75 FEET TO TfiE POINT OF BEGINNING.
LXCLPT i2Si~T POI~TIOil TtIEI2£QF :'FI1lT LSES :•:STHIN THE LIPIES nF SOiJTA
STREET, AS SHOLdN ON SAID M.'~P.
SAID LAND ZS INCLUDED WITHIN THE AREA SHOP7N ON A MAP FILED ZN BOOK 20
PAGE 28 OF RECORD OF SURVEYS, IN THE OFFIC~ OP TFiE COUNTY RECORDER OF
SAID COUN't'Y.
WHEREAS, the City Planning Commission did hold a public hearing at the
City Hall in the City of Anaheim on July 26, 1982, at 1:30 p.m., notice of
said public hearing having been duly given as required !.y 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 recommendattons in connection
therewith; and
PC82-146
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WFiER~AS, 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 10.03.030.010 to wit:
to permit the commercial use of a residential structure with waivers of:
(a) SECTZON 18.06.060.0111 - Minimum number of parkir.g spaces.
and 18.21.066.~10 (5 spaces required; 2 space proposed)
(b) SECTION 18.44.035.030 - Required location of parking spaces.
(c) SECTION 18.44.068 - Required site screening.
2. That the proposeci use is hereby granted for a period of five (5)
years, to expire on July 26, 1987.
3. That the requested Code waiver (a) is hereby granted on the basis
that the petitioner atipulated that the structure will be used as a corporate
bookkeeping office by the petitioner only and not rented to other tenants; and
that trees and shrubs exist on the south and east property lines and provide
suitable site screening along said adjacent properties.
4. That waivers (b) and (c) are hereby denied on the basis that the
waivers are unnecessary since Planning Commission denied reclassi£ication of
subject propezty to commercial zoning. The subject use is, therefore,
permitted under the conditions herein, in the RS-A-43,000 Zone.
5. That the proposed use, as granted, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
6. That the size and shape of the site proposed for the use, as granted,
is adequate to allow the full development of the proposed use in a manner not
detrimental ta the particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
7. 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 ~ity 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.
9. That twu (2) persons ,ndicated their presence at said public hearing
in oppositio~r and that a petit±on containin9 approxiaately 19 signatures was
received in opposition to the subject petition.
_2_ PC82-146
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commis^ion
has reviewed the propo~al to reclassify subject property from the RS-A-43,000
(Residential/Agricultural) Zone to the CL (Commercial, Limited) Zor.e to permit
the commercial use of a residential structure with waivers of minimum number
of parking spaces, required location of parking spaces, and required site
screening on a re~tangularly-shaped parcel of land consisting of approximately
0.4 acre, having a frontage of approximately 112 feet on the Eouth side of
South, and further described as 1906 East South 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 environnen~=1 impac` due to the approval of
this Negative Declaration since the Anaheim ~~neral Plan designates the
subject property for general cor,unercial 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 ~ommission
does hereby qrant subject Petition for Conditiora 1 Use Permit, upon the
following conditions which are hereby found to be a necessary prereq+aisite to
the proposed use of the subject property in order to 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 Anatieim:
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 cwner(s3 oi sui~ject 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 or commencement of the
acti.vity herein approved, whichever occurs first.
3. That sub~ect property shall be developed substantially in
accordance with plans and ~pecifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2.
4. That Condition Nos. 1 and 3, above-mentioned, shall be complied
with prior to final building and zoning inspections.
5. That the use is granted £or a period of five (5) year3, to
expire on July 26, 1987.
BE IT FURTHER RESOLVF;D 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, o: any part thereof, be
declared invalid or w~enforceable by the final judgmenr. of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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THE FOREGOZNG RESOLUTION is signed and approved by me this July 26, 198'l.
/~A.i?%f /% / ' /~e~
CHA~, AHEIM CITY PLA G COMMISSION
ATTEST:
`i2 ~L.r~ .~ ~,t,~.~.
SECRETARY, ANAHEIM CI PLANNING COMMISSION
STATE OF CALIFORL7IA )
COUNTY OF ORANGE ) s~.
CITY OF ANAHEZM )
I, Edith L. Harris, Secretary of the Anaheim City Planninq Commissioa, do
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Commission held on July 26, 1982, by the
following vote of the me~bers there of:
AYES: COIII4ISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COMMZSSZONERS: NONE
pgSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of July,
1982. n~ ~ ~
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SECRETARY, ANAHEIM CiTY PLANt:ING COMMISSION
_4_ PC82-146