Loading...
PC 82-182~ RESOLUTION NO. PC82-182 ~,~, A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSTON THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2378 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from IRINEO AND CELESTINA YUVIENCO, 1941 East Ceater Street, ~naheim, California 92g04, owners, and JEFFREY C. JONSSON, 31305 Paseo Del Sol, Laguna Beach, Cali,°ornia 92677, agentof certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 7~JF ANAHEIM_ EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY THEREOF MADE BY WILLIAM HA61EL~ ACKNOWLEDGED BY ALFRED ROSIAISON, TRUSTEE~ RECORDED IN LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF CENTER STREET, WHICH POINT IS SOUTH 74° 37' 30" WEST 105.55 FEET FROM A BOLT MAI2KING THE INTERSECTION OF PLACENTIA BOULEVARD AND CENTER STREET; THENCE NORTH 12° 55' 20" WEST 223.09 FEET~ MORE OR LESS, TO A POINT IN THE NORTH LINE OF THE LAND CONVEYED TO PAUL L. WILLIAMSON AND WIFE, BY DEED RECORDED DECEMBER 2, 1944, IN BOOK 1286, PAGE 421, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND CONVEYED TO ALLEA7 BARTSHE AND WIFE, BY DEED RECORDED DECEMBER 23, 1947; THENCE SOUTH 81° 19' 30" WEST 185 FEET~ D10rZE OR LESS, TO THE NORTHW~ST CORNER OF THE SAID LAND CONVEYED TO WILLILAN;SON; THENCE SOUTH I2° JS" EAST ALONG THE WEST LINE OF THE SAID LAND CONVEYED TO WILLIAMSON, 89.88 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO ROY WESLEY MENDOZA AND WIFE, BY DEED RECORDED DECEMHER 20, 1946, IN AOOK 1467, PAGE 82, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTA 74° 37' 30" EASm ALONG THE NORTFI LINE OF THE SAID LAND CON~7EYED TO MENDOZA, 65 FE~T TO TH~ NORTHEAST CORNER THEREOF; THENCE SOUTH 12° 08" EAST ALONG THE EAST LINE OF SAID LAND CONVEYED TO MENDOZA, 155 FEET TO A POINT IN THE CENTER LINE OF CENTER STREET, THENCE NORTH 74° 37' 30" EAST ALONG THE SAID CENTER LINE 123 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFRUM THAT PORTTON INCLL7DED IN THE PUBLIC HIGHWAY ALONG THE SOUTH SIDE OF SAID LANA. WH~REAS, the City Flanning Cor.,mission did hold a public hearinq at the City Hall in the City of Anaheim on September 20, 1982, 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 ma~re findings and recommendations in coni:~ction therewith; and #0231I PC82-182 WHEREAS, said Commission, after due inspection, investigation and study made by itself arid in its behalf, and a£ter dt:e consideration of all evidence and reports „ffered 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 18.21.050.180 to wit:to expand an existing rest home with waivers of the following: (a) SECTION 18.21.062.010 - Maximum struc':ural heiqht (5 feet permitted from adjaceni: residential zoning; 23 feet prc~posed) (b) SECTION 18.21.063.030 - tdinimum rear yard setback (25 feet required; 6 feet exist:ing and proposed) 2. That the requested waivers are hereby granted on the basis of the irregular shape of subject property and that denial would deprive subject property of a privilege being enjoyed by other nroperties in the same zone and vicinity. 3. That the proposed use is hereby granted subject to the petitioner's stipulation to provide a 6-foot high block wall along ihe northerly ~ortion of the westerly pr.operty line adjacent to the existing two-story motel development, and also to provide landscaping along the north property line consisting of trees on 20-foot centers or other suitarlc landscaping to be approved by the Planning Department. Said landscaped a.rea, the 8-foot setback between the existing 5'6" high block wall and the proposed one-story additio~ on the northern property line shall be properly irrigated and maintained. . 4. That the proposed use, as granted, will not adversely affect the adjoining land uses an3 the growth and development of the area in which it is prcposed to be located. 5. That the size and shape of the site,proposed for the use is adequate to allow the fuJl development of the proposed •ise 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. 6. 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. 7. That the traffic generated by the proposefi 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 opposition; and that no subject petition. indicated their presence at said public hearing in correspondence was received in opposition to the -2- PC82-182 ~NVIRONMENTAL IMPAC'P FINDING: That the Anaheim City Planning Commission has reviewed the propo~al to expand an existing rest home with waivers of maximum structural height and minimum rear yard setback on an irregularly-shaped parcel of land consisting of approximately 0.63 acre, having a frontage of approximately 130 feet on the nort,i side of Center Street, and .further described as 1941 East Center 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 s:gnificant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial orofessional land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Stu3y submitted by the petitioner indicates no significant individual or cumulative adverse environm~•ntal impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, HE 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 tne proposed use of t'ie subject property in order to preserve the safety and general welfare of the Ci*izens of the City of Anaheim: 1. That the owner(sj ~,: subject property shall pay the traffic signal assessment fee (O~dinance No. 3896), in an amount as determi.ned by the City Council, tor commercial buildings prior to the issuance of a buildin,~ permit. 2• That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 3. That appropriate water assessment fees as determinPd by the Office of Utilities General Manager shall be paicl to the C~ty of Anaheim prior t~ the issuance of a building permit. 4. That the existing str.uctures shzll be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 5. That a G-foot high concrete masonry wall shall be provided along that portion of property abutting the single-family residence located to the southwest of subject property; and also along the nartherly porL•ion of the westerly property line adjacent to the existing two-story motel (Village Inn). i -3- PC82-182 ,i ~~ I :i , 4+i : 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, however that landscaping shall be provided in the 8-foot setback between the existiny 5'6" block wall and the proposed 1-story additior! along the north property line. Said landscaping to consist of trees on twenty (20)-foot centers or other suitable landscaping approved by the Planning Department. Said landscaping shall be oroperly irrigated and maintained. 7. That Condition tdos. 2, 4, 5 and 6, 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 applia;nt's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, 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 RESQLUTION is signed and approved by me this 20th day of September, 1982. ~ ~ HAI , ANAHEIM CITY P ING COMMISSION ATTEST: !n .C~.. ~ ~ , SECRETARY, ANAHE2M CITY PLANNING COMNi.LSSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meetinq of the Anaheim City Planning Commission held on September 20, 1982, by the following vote of the members thereo°: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE IdC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, 2 have hereunto set my hand this 20th day of September, 1982. ~ Li SECRETARY, ANAHRIM CITY PLANNING COMMISSION -4- PC82-182 ~~ ~.,_....,..... _ ._.... _. . . .. .