PC 85-12RESOLUTION N0. PC85-12
A RESOLUTION OF THE ANAHEIM CITY YLANNING COMMISSI~N
THAT PETITION FOR CONDITIONAL USE PERbfIT N0. 2646 BE GRANTI3D~ IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition fo[ Conditional U~e Permit from JOE PERSHING AND CATHERINE HILDA
ADELE LEPiONS, 1808 West Chalet Avenue, Anaheim, California 92804, owners, and
DR. DGNALD F. REAS, 441 South Euclid Street, Aniheim, California 92802, agent
Eor certain real property situated in the City o£ Anaheim, County of Orange,
State uf Calzfornia, d~scribed as:
THAT PORTZON OF THE SOUTHEAST QUARTER 0? THE NORTHEAuT
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGz 10 WEST~
PARTLY IN THE, RANCHO SAN JUAN CAJON DE SANTA ANA AND PARTLY
IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51, PAGE 10 OF MISCELLANEOUS MAPS~ P.ECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 3, AS SH047N ON A MAP FILED IN BOOK 39, Pr',GE 39 OF
PARCEL AIAPS, IN THE OFFICG OF THE COUNTY RECORDER OF ORp(~GE
COUNTY, CALIFORNIA.
the Civic WCenter ~ inhthel C tyl of lA~~he m lo~il Januaa h~ld a public hearing at
noCice of said public hearinc, having been dul y ~ 1985, at 1:30 p,~ „
accordance with the Y 9iven as required by law and in
provisions of the Anaheim Municipal Code, Chapter 18.03,
tc hear and consider evidence for and against said proposed conditional use
permit and to investigate and make fi~dings and recommendation~ in connection
therewith; and
WHEREAS, said Cummission, after due inspection, irvestigation and
study made by itself and in its b~half, and after due ~onsideration of all
evidence and reports offered at said hearing, does find and detecmine the
following facts;
1• That the propose~ use is properly one for which a conditional
use permit is authori~ed by Anaheim Municipal r_ode Section 18,44.OSC.140 to
Nit: to permit rhC comm?rcial ~• ~ of a residential structure with waiver of
the followy„g:
SECTION 18.44.035.030 - Required location of parkina spaces.
1Parkinq to the r_ r_a~ of the residential
stcucture required; parkin4 tu the front ana
side proposed)
2• That the requested waiver is hereby den:.ed on the basis t5at
vehicular access to the rear of the oroperty will be at~ailable along a
recorded access easement (private driveway) and that there are special
circumstances applicablP to the property such as size, shape, topography,
location and surroundings whirh do not apply to other identically zoned
nroperty in the same viciuity; and that strict application of the Zoning Code
deprives the property of privileges enjoyed by ohher properties in the
identical zone and cla~sification in the vicinity.
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PC85-12
3• That the proposed use, as granted, will not adversel
adjoining land uses and the growth and development of the area
proposed to be located. Y affect the
in which it is
gr.anted 4~ Th~t the size and shape of the site proposed for the use, as
, is adequate to allow the full development of the proposed use in
manner not detrimental to the particular area nor to the
and general welfare of ttie Citizens of the C.ity a
peace, health, safety
of Anaheim.
~• That the granting of the Conditional Use Permit under khe
conditions imposed, if any, will not be detrimental to the peace, heal
and general welfare of the Citizens of the City of Anaheim.
th, safety
6• Thar_ the traffic generated hy the proposed use will no:
undue burden upon the streets and highway~ designed and improved tc
traffic in the impose an
area, carry the
~• That no one indicareu their presence at said
opposition; and that no ~~;~P~Nondence was ceceived Public hearing in
petition, in opposition to the subject
'~ FW:+IftONMcNTAL IMPACT
` Commission has FINDING: That the Anaheim
reviewed the proposal to reclassif City Planninc
ks-A-:.3,000 (Residential, F~gricultural) Zone to Y s~bject property from the
or a le~s intense zone to the CL (Commerciril
with waiver Pecmit the commercial use of a ~ Limited) Zone
of. required location og residential structure
parcel of land consisting of appraximatelln9p.spaces on an irregularl ped
approximatel Y-sha
y 16•4 feet on the west side of Eucl d9 a~re' having a Erontage of
as 441 South ~uclid Street; and does hereb ~ Street, and further described
firiding that it has considered the Neyatipe ove the Nega~ive Declaration upon
comments received during L-he 9 D~~larat~on toyether with any
basis of the initial stud public review prucess and further findin
evidence that the project will have a s gnificantleffectaonttheeenvironmentt ntial
NUW, 7'H~;x~YOkE, Bg IS RBSOLVED
Commisaion does heceby prant ~,~.,• that the Anaheim ~i~1 pZ~nniny
Li~e tollowing conditions which are hereb ~ltion tor Conditional Use Permit, upon
the proposed u~e of the ~,~b• Y found to be a necessary prerequisite to
~ 3eneral welfare of the CitizensCOf t he C ty of Anaheimt~ Preserve the safet
i y and
~ 1. That a 6-foot high maconry block wall shall be constrUCted and
maintained along the westerly property line.
i
2• That the existinS 9acage structure shall be allowed to remain until
such time as additional access rights are reciprocally granted to the
adjacent propecties.
3• Tl~at trach storage areas shall be pcovide@ and maintaine8 in accordance
with approved plans on file with the Street Maintenance and Sanitation
~ivisio~-,
4. That due to the change in use uf the building, plans shall be submitted
to the Building Di.vision showing compliance with the minimum standards
ot the City of Anat~eim, including the Uniform Building, Plumbing,
Electrical, Plechanica2 and Fire Codes as adopted by the City of
Anaheini. The appropriate permits shall be obtained fpr any necessary
work,
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PC85-12
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5• That subject property sliall be developed subst:anr_ally in accocdance
With nlans and specifications on Eile with the City of Anaheim
marhed 2xhibit Nos. 1 through 3; provided, however, that prior to
issuance of a 5uilding permit cevised plans bA sub,,~itted indicating
imt r;, ~„N.,~ ~p ~h~ ?~i_foo,. wide pri•rale alley adjacent to the
west~~.y property line; and t.~t th~ drive~av on Euclid Street shall
be ciosed and repiaced with ~tanr7ard curb, gutter, sidewalk and
land~capin3; and that the circulation and ~.arking areas shall be
redesigned, subject to the review and approval of the City Traffic
Engineer, to provide a minimum of nine (9) parking spar.es (2 of
which maY be enclosed in a garage).
6• That this Conditional Use Permit is yr~nted subject to the
completion of Reclassification No. 84-85-15, now pending.
7• That prior to issuance of building permits or prior to commencement
of the activity authorized under this res,lution, or within a period
of one year E:om the date of this resolution, wliichever occurs
first, Condition P+~.~, y~nd 6, above-mentioned, shall be complied
wit~, r•,xtensi.uns ~or Eurther time to complete said conditions may
be granted in accordance with Section 18.03.0~0 of the Anaheim
t•lunicipal Code.
~• That prioc to final building and zoning inspections,
commencement fo the activity authorized under resolution, wh,i.chever
occurs first, Condition Nos. 1, 3, a:~d 5, abov~,-menticned, shall t~
complied with.
BE IT FURTHER RESOLVED that the Anahei.m City Planning Commission
doe~ hereby find and detezmine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinab~ve set fo!th. Ghould any such conditions, or any part thereof, be
declared inv~lid or unenforceable by the final judgment of any court of
competenr jurisdiction, then r.his Resolution, and any approvals herein
contained, sha1Z be deemed null and void.
ThF.' FOR~GOING RESOLUTiOP7 is signed an~ ~pproved by r:e this 7th dav
of ,lanuary 1985,
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ATTEST: --~'~AIRF1Af1~ ANAHEIM CTTY PL.~NNING CpMMiggipp~
" ~~ ~ ~/ /`fv~/Lt,~,~,.
SECRETARY, ANAHEIb1 CITY PLANNING COMMISSION
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PC85-12
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S>TATE OF CALIFORNIA )
COUNTY 0~ ORANGE ) ss.
CITY OF ANAHEI~ )
]., Edith L. Harris, Seccetary ot the Anaheim Citv Planning
Commission, do hereby certify that ~he foreqoing reaolution was oassed and
adopted at a meecing of the Anaheim City Planning Commiss~on held on January
7, 1985, by the followiny vote of the membets thereof:
AYES: COMMISSIONEkS: dOUAS~ BU~HORF., FRY, EtERBST, KING~ LA CLAIRE~
MC BURNEY
PIOES: COMP;ISSIONERS: I10Nt;
AbSENT: COMMISSIONERS: NCNE
IN 47ITNESS WtiEREOF, I have h?reunto set my hand this 7th day of
Jan~ary, 1985. ~
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^ d-1.UC.. ~ ~C~Lus~
uECkETARY, ANAH~IM CITY PLANNING COMMZSSiON
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