PC 82-179RESOLUTION N0. PC82-179
A RESOLUTION OF THE :1NAHEIM CITY PLANNING COMMISSION
THAT PETITION EOR CONDITIONAL USE PERMIT NO. 2375 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from ALFRED D. AND JOSEPHINE PAINO, 711
South Beach Boulevard, Anaheim, California 92804, owners; ALFRED P. PAINO AND
JIM RODIG, 711 South Beach Boulevard, Anaheim, California 92804, agents of
certain real property situated in the City oP Anaheim, County of Orange, State
of California, described as:
THAT PORTION LYING SOUTHERLY OF THE NORTHERLY 679.46
FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF TH~
SOUTHEAFiT QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH~
RANGE 11 F7E$T, SAN BERNARDINO BASE AND MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OE'
SAID EAST H1lI,F WITH THE SOUTHERLY LINE OF SAID
NORTHERLY 679.46 FEET; THENCE SOUTHERLY ALONG SAID
WESTERLI LINE TO THE NORTHWESTERLY CORNER OF LAND
DESCRIHED AS PARCEL 1 IN A DEED TO HARVEY KOSS AND
WIFE, RECORDED ON MARCH 10, 1950 IN BOOK 1983, PAGE 28
OF pI'FICIAL RECORDS OF ORANGE COUNTY; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID LAND OF KOSS TO A LINE
PARALLEL WITH AND DISTANT EASTERLY 27g.50 FEET lN~ASURED
AT RIGHT ANGLES FROM SAID WESTERLY LINE~ BEING THE TRUE
POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID
PARALLEL LINE TQ A LINE PARALLEL WITH AND DISTANT
NORTHERLY 113.00 FEET hI~ASURED AT RIGHT ANGL~ES FROM THE
NORTHERLY LINE OF SAID LAND OF KOSS; THENCE EASTERLY
ALONG SAID PARALL'3L LINE TO A LINE THAT IS PARALLEL
WITH AND DISTANT F7~STERLY 40.OU FEET MEASURED AT RIGHT
ANGLES FROM THE EAST LINE OF SAID SECTION 19; THENCE
SOUTHERLY ALONG SAID PARALLEL LINE TO THE NORTHERLY
LINE OF SAID LAND OF KOSS; THENCE WESTERLY ALONG SAID
NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on September 20, 1382, at 1:30 p.m.,
notice of said public hearing having been duly giver. as required by law and in
accor.dance with the provisions of the Anaheii;. 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 recummendations in connection
therewith; and
WHEREAS, said Commission, after due inspc.etion, investigation and
study made by itself ar.d in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
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1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.280 to
wit;to expand an ex.isting batting cage facility with waivers of the following:
(a) SECTION 18.44.062.011 - Maximum structural height
(0 feet permitted; 29 feet proposed)
(b) SECTION 18.44.063.010 - Minimum landscaped setback
(10 feet required; 0 feet existing)
(c) SECTION 18.44.063.040 - Minimum side and rear vard setbacks
(10 feet required; 0- 2 1/2 feet
existing and proposed)
(d) SECTION 18.44.068 - Required site screening
(6-foot high block wall required
adjacent to residential zone boundary;
partial block wall screening proposed)
2• That the requested waivers (a) and (d) are hereby granted on
the basis that the property to the north is developed with a veterinary clinic
although iL• is zoned for single-family residential land uses; and further
granting waivers (a), (b), (c) and (d) on the basis that denial would deprive
subject property of privileges being enjoyed by other properties in the same
zone and vicinity.
3. That the proposed variance is hereby granted subject to the
petitioner's stipulation at the public hearing to provide landscaping wherever
possible throughout the site.
4. 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.
5. That the size and shape of the site proposed for the use is
adequate to allow the full development o£ the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welPare of the Citizens of the City of Anaheim.
6. That the granting of the Condi±ional 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.
7. 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.
8• That no one indicated their presence at. said public hearing in
oppasition; and that no correspondence was received in opposition to the
subject petition.
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PC82-179
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ENVIRONMENTAL II~ACT r2NDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify ~ubject property from the
P.S-A-43,000 (Residential, Agricultural) Zone to the CL (Commercial, Limited)
Zone to expand an existing batting cage facility with waivers of maximum
st.ructural height, minimum landscaped setback, minimum side and rear yard
setbacks and required site screening on a rectangularly-shaped parcel of land
consisting of approximately 0.88 acre, having a frontage of approximately 113
feet on the west side of IIeach Houlevard, and further descri.bed as 711 South
Heach Boulevard; and does hereby approve tl:e Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there
would be no significant individual or ctunulative adverse environmental impact
due to the approval of this Negative Declaration since the Anaheim General
Plan designates the subject property for generai commercial land uses
commensvrate 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; anEi that the Negative Declaration substantiating the ioregoing
findings is on file in the City of Anaheim Planning Department.
CommissionOdoesThereby qrantE s bject~ Petition for C nditio al Use1Permitanupon
the following conditions which are hereby found to be a necessary prereqnisite
to the pr~posed use of the subject property in order to preserve t.he safety
and general welfare of the Citizens of the City of Anaheim:
1• That this Conditional Use Permit is granted subject to adoption of an
ordinance in connection with Reclassification No. 82-83-8, now
pending.
2• That subject property shall be developed substantially in accordance
with plans and sper.ifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 3; provided, however, that adda.tional
landscaping shall be provided where-ever possible
3. That Condition No. 2, above-mentioned, shal:. be complied with prior
to final building and zoning inspections.
BE IT FURTHER RESOLVED that the pnaheim City Planning Commission does
hereby find and determine that adoption o~ this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, b_
declared invalid or unenforceable by the final judgment of any court of
aompetent jur_sdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved '~y me this 20th day
of September, 1982.
`' 1~ `t~ ~~E_~ TY ANNING COMNIISSION
ATTEST: n .
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SECRETARY, ANAHgIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
2, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby c~rtify that the foregoinq resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on September
20, 1982, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUF.S, BUSHORE, FRY, HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
September, 1982.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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