Loading...
PC 83-11RESOLUTION NO. PC83-11 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2404 SE DENIED WHEREAS, the Anaheim City Planning Commissirn did receive a verified Petition for Conditional Use Permit from EAST ANAHEIM SHUPPING CENTER ASSOCIATES, 200 "A" East Lincoln Avenue, Anaheim, California 928Q6, owner, and MARIE TU THI NGUYEN & WILLIAM D. RUNNEALS, 10021 Fowler Drive, Westminster, California 92683, agents of certain real property situated in the City of Anaheim, County o£ Urange, State of California, described as: TFiAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA AtdA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOSIN ON A MAP RECORDED IN BpOK 51 PAGE 10 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECION OF THE EAST LINE OP THE WEST 362.00 F'EET OF SAID NORTHWEST QUARTER WITH THE CENTER LINE OF ANAHEIM-OLIVE ROAD AS DESCRIBED IN DEED RECORDED IN HOOK 275 PAGE 85 OF DF~DS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER I~IN'r SOL'i'H 78° 52' 26" EAST 977.12 FEET TO THE EAST LINE OF SAID NORTHWEgT QUARTER; THENCE ALONG SAID EAST LINE SOU1H 0° 10' 46" WEST 731.16 FEET TO THE SOUTHEAST CORidER OF 't'HE NORTH HALF OF THE SOUTHEAST QUARTER ~)F SAID NORTHi~7EST QUARTER; THENCE ALpNG THF. SOUTH LINE OF SAID NORTH HALF SOUTH 89° 52' 48" WEST 660.81 FEET TO 1HE SOUTHT4EST CORNER OF SAID NORTH HALF; THENCF. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOU7'HWEST QUARTER OF SAID NOP.PHWEST QUARTER SOUTH 89° 52' S1" WEST 298.81 FEET TO THE EAST LINE OF THE WEST 362.00 FEET OF SAID NORTHWEST QUARTElt; THENCE ALONG SAID LAST MENTIONED EAST LINE NORTH 0° 11' 45" EAST 90.12 FEET; THENCE NORTH 89° 48' 15" WEST 9.22 FEET; THENCE NORTH 0° 10' 17" WEST 120.95 FEET THENCE SOUTH 89° 48' 15" EAST 9.99 FEET TO THE EAST LINE OF THE WEST 362.00 FEET OF SAID NORTHWEST QUARTER; THENCE AI,ONG SAID LAST MENTIO[VED EAST LINE NORTH 0° 11' 45" EAST 710.64 FEET TO THE POINT OF BEGINNING. EXCEPT: BE:+INNING AT THE INTERSECTION OF SAID CEfVTER LINE OF ANAHEIM-OLIVE ROAD WITH A LINE PARALLEL WITH AND DISTANT WEST~i2LY 200.00 PEET MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID PARALLEL LINE SOTJTH 0 DEG 10' 46" WEST 295.93 FEET; THENCE SOUTH 89 DEG 49' 14" EAST 200.00 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE NORTH 0° 10' 46" EAST 246.26 FEET TO THE CENTEZ LINE OF SAID ANAHEIM-OLIVE ROAD; THENCE ALONG SAID CENTER LINE NOR:H 78° 52' 26" WEST 203.71 FEET TO THE POINT OF BEGINNING. !~O~F21 I PC83-11 r,,.~ /"~ WHEREAS, the City Planning Commission did hold a public hear3ng at the City Hall in the City of Anaheim on January 10, 1933 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 reconmendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and a£ter due consideration of all evidence and reports offered at said hearing, does find and determine ~he following facts: 1. That the proposed use is properly one for which a conditi.onal use permit is authorized by Anaheim Municipal Code Section 18.89.030.010 to wit: to permit a physio-therapy massaqe facility. z• That the proposed use is hereby denied on the basis that the pet.itioner was not willing to limit the proposed hours of operation (9;pp a,~, to 12 mi.dnight daily) to hours which are more compatible with the surrounding business; that the proposed hours do not reflect a therapeutic physio-therapy massage facility; and on the basis that the use z~ill create an additional burden on the taxpayers due to increased l~olice Department activity. 3• That the proposed use will 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 not 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 Anagei~. 5• That the qranting of the c`onditional Use Permit under the conditions imposed, if any, will 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 impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ~• That one person indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENt7IRONMENTAL =MpACT FIND2NG: That the Anaheim City Planning Commission has reviewed the proposal to permit a physio-therapy massage Eacility on an irregularly-3haped parcel of land r.onsisting oE approximately 15.5 acrea having a frontage of approximately 775 feet on the south s3c:_ of Lincoln Avenue, and further described as 2130 East Lincoln Avenue, Unit #34; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis tliat there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan -2- PC83-11 ~'~-•. . '"~ r. ~'~ desi nates the sub'ect •~yr 9 7 property for general commercial land uses commensurates ^"' with the proposal; L•hat 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 Negativp 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 deny subject Petition for Conditional Use Permit, on rj the basis of the aforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this lOth day of January, 1983. ~ CHAIRMA , EIM CITY PLANP G COMMISSION / ATTEST: ~~~'. ,t°- ~., ~ SECRETARY, ANpHEIM CITY PLANNING CO[~AiISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY Or ANAHEIM ) I~ Edith L. Harris, Secretary of the Anahei.m City Planning Commission, do hereby certify that the foregoing resoluti~~n was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 10, 1983, by the following vote of the members thereof: AYES: COMMISSIONRRS: BOUAS, HUSHORy, FRY, Ii~RBST~ iCING, LF~ CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this lOth day of January, 1483. - `~.Q.~ ,~ %tG~.u~, SECRETARY, ANp.HE2M CITY PLANNING COMMISSION -3 PC83-11 L~~-~~