PC 85-186RESOLOTION NO. PC85-lp6
A YESOLUTION O~' THE ANAHEI[4 CITY PLANNING COMMISSION
THAT YETITION rOR CUNDITIONAL USE PERb]IT NO. 2702 gE GRANTED~ iN PART
WHLREAS, the Anaheim City Planning Commission did receive a
verifie~ P2tition for Conditiona.l Use Permit from JOHN J. STEVENS AND
FATIhIA STEVENS, 17330 F~ast Temple Avenue, La Puente, California 91744,
owners of certain real property situated in the City cf Anaheim, County
oE Orange, State of Calif~~rnia, described as:
THAT PORTION OF THE NORTN HALF UF THE WEST HnLr OF THE
NORTHEhST QUARTCR OF THE NORTHWES4' QUARTER Or SECTION Zg~
TOWNSHIp 4 SOUTH, RAI~GE 10 WEST, IN THE RANCHO LAS BOLS~S~ AS
SHOWN ON A P1AP RECORDFD IN BOOK 51, PAGE '!0 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINIJIHG AT THE INTERSECTION OF THE CENTERI,INE OF KATELLA
AVENUE WITH THE: NORTHERI,Y PROLONGATION OF THE EASTERLY LINE
OF LOT 49~ TRACT N0. 3240, AS SHOWN ON A MAP RECORDED IN BOOK
113, PAGES :~ 2 AND 3 OP MISCELLANEOUS b1APS IN THE OFFICE OF
TliE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA; THENCE
P.LONG SAID NURTHERLY PROLONGATION AND SAID EASTERI,Y LINE,
BEING ALSO THE BOUNDAky L:NE OF SAID TRACT NO. 3240~ SOUTH 0°
56' 24' GAST, 186.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT
1y: THENCE CONTINUING ALONG SAID BOUNDARY LINE OF TRACT N0.
3240, NORTH 89° 13' 30" EAST, 89.02 FEET TO THE WESTERLY
LINE OF THE EASiERLY 211.00 FEET OF' SA7') NORTH HALF OF THE
WEST HALF OF' THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
UF SECTION 28, TOWNSEIIP 4 SOUTH, RANGE li) WEST iN THE RANCHO
LAS $OLSAS; THENCE ALONG SAID WESTERLY LIyE, NORTH 0° 55' 30"
WEST, 186.U0 FEET TO SAID CENTERLINE OF KATELLA AVENUE;
THENCE ALONG SAID CENTcRLINE, SOUTH 89° 13' 30" WEST, 89.07
FEET TO THE ppTNm pp y~~ii:.:ilrG,
the Civic WCeRter~ inhethe tCityaoEl Anaheim1SOn~AUgusth51d a public hearing at
notice of said public hearing having been dul ~ 1985, at 1:30 p,m,~
accordance with the Y 4iven as required by law and in
provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to in~~estigate and make findings and recommendations in connection
therewith; and
P7HEREAS, said Commission, after due inspection, investigation and
study made by ikself 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 whicii a conditional
use permit is authorized by Anaheim pfunicipal Ccde Section 18.44.050.140 to
wit: to permit a spiritual psychic palmist in a residential structure with
waivers of;
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PC85-186
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(a) SECTIONS 18.44.035.040 - Minimum front setback
AND 18.44.063.010 (10-foot minimum landscaped setback
adjacent to Katella Avenue r.equired;
6 feet-11. inches proposed)
(b) SECTION 18.44.062.011 - Maximum st[uctural height
(5 feet permitted adjacent to the south
pcoperty line; 12 feet proposed)
(c) SECTION La.4A.U63.040 - Minimum landscaped setback
(10 feet required adjacent to the
southe[ly and easterly p~operty lines;
0 to 10-feet proposed)
(d) SECTIGN 18.44.068 - Required site screening
(6-foot hiqh block wall cequired adjacent
to east property line; 5-foot hiqh wooden
tence existing)
(e) SECTIONS 18.05.065.O1U - Maximum si9n area
AND 18.44.067 (8-sauare foot wall sign permitted;
3U_square foot wall sign proposed)
2. That the requested waivec (a) is hereby granted and waiver (b)
is gzantea, in part, subject to the petitioner's stipulation at the public
hearing to relocate the proposed yaraye lo a location at least twenty (20) feet
from the suutherly ptopetty Line and to fully landscape a 10-foot wide strip
adjacent to the southerly property line; said waivers are granted on the basis
that there are special circumstances applicaole to the property such as size,
shape, to~oyra~,hy, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application of
the 7oning Code deprives the property oE privileges enjoyed by othec properties
in the identical zone and classification in the vicinity.
3. That the requested waivers (c), (d) and (e3 are hereby denied on
~i,C L~,;s ~L..L ~:w Yc:iticnc: ~tipu2.=.tcd ~._ t~e Puhlic haaring to conform to
Code cequirements and thece are no special circumstances applicable to the
property such as size, shape, topogcaphy, location or surroundings which do not
apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code does not deprive the property oE privileges
enjoyed by ather properties in identical z~ning classification in the vicinity.
4. That the proposed use, as granted, wil.l not adversely affect the
adjoinin9 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, as
granted, is adequate to allow the full development of the proposed use in a
mannec not detrimental to the pacticular area nor to the peace, health, ~afety
and 9eneral 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,
satery and genecal welfare of the Citizens of the City of Anaheim.
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7• That the traffic generated by the proposed use will not impose
an undue burden upon L-he streets and higtiways designed and improved to carry
the traffic in the area.
~• That one person indicaLed hi~ presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONFfENTAL IMPACT FIPJDING: That the Anaheim City Planning
Commission has reviewed the pcoposal to tect~osify subject property from the
RS-A-43,U00 (P,esidential, Agricultural) Zone to the CL (COmmercial, Limited)
'Lone tc pecmit a spiritual psychic palmist in a residential structure with
waivers of minimum front setback, maximum structural height, minimum landscaped
setback, required site screening and maximum sign area on a
rectangularLy-anaped parcel cf land con~isting of approximately 11,220 square
feet, having a frontage oP approximately 89 feet on the south side of Katella
Avenue, and further described as 1570 West Katella Avenue; and does hereby
approve the Negative Declacation upon finding that it has considered the
Negative Leclaration toyether with any cortunents received during the public
review process and furtl~zr finding on the basi~ of the initial study and any
comments received that there is no substar.tial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planhing
Commissicn do=s hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the ,ubject property in order ~o pceserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner oP subject property shall pay to the City oE Anaheim a
fee for street lighting along Katella Avenue in an amount as
determined by the City Co~ncil.
2. That the owner of subject property sha11 pay to the City of Anaheim a
fee for tree planting purposes along Katella Avenue in an amount as
determined by the City Council.
3. That the driveway shall be reconstructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
4. That the existing 6-foot high block wall adjacent to the south and
west property lines~ and the requiced 6-foot high block wall along
the east property lin~ shall be permanently maintained by the owner
of subject property.
5. That prior to issuance of a buildina permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities General Manager.
6. That prior to issuance of a building permit, the appropriate traffic
signal assessment Eee shall be paid to the City of Anaheim in an
amount as determined by the City Council for commercial buildings.
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7. That due lo the change in use and/or occupancy of the building, plans
shall be submitted to the euilding Division showing compliance ~ith
the minimum standacds of the City of Anaheim, includiny the Uniform
Building, Housing, Plumbing, Etectrica.l, Mechanical and Fire Codes as
adopted by the City of Anaheim. The appropciate permits shall be
obtained for any necessacy work.
8. That this Conditional Use Permit is granted subject to the adoption
of the Zonin~ Ocdinance in connection with Reclassifi.cation No.
84-85-42, now Yending.
y. That subject property shall be developed substantially in accocdance
with plans and specifications on file with the City of Anaheim macked
Exhibit [JO. 1; provided howevec, (a) that the proposed gazage shall
be located no closer than twenty (20) feet tu the south property
line; (b) that a minimum !0-foot wide landscaped pianter shall be
installed and maintained along the south propert-y line; (c) that a
6-foot hiyh block wall shall be constructed on the east property
line, excepting the reyuired fcont setback along Katella Avenue, and
(d) that the business signage is limited to one (1) eight (8) square
foot wall si9n.
10. That prior to the commencement of the activit~+ authorized under this
cesoliition, or prior to issuance of a building permit, cr within a
period of one year from the date of this resolution, whichevec occurs
first, Condition tJOS. 1, 2, 5, 6, 7 and 8, above-mentioned, shall be
canplied with. Extensions for further time to complete said
conditions may be gr.anted in accordance with Section 18.03.090 of the
Anaheim Plunicioal Code.
11. That prior to final bui~9ing and zoning inspections, Condition Nos.
3, 4 and 9, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission doe~
heceby find and determine that adopti~n of this Resolution is expressly
Yredic~~ed u~~oZ applic,~r.t's corili,>.nc~ .a?th ~~ch an~l ~7] of tha condition~
hereinabove set forth. Should any such conditions, oc 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 EOREGOING RESOLUTION is signed and approved by me this Sth day of
August, 1985.
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CHAIRWOMAN~ ANAHEIM C'CTY PLANNLNG COPIMISSION
ATTEST: /,% _
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SECRETARY~ ANAH~IM CITY YLANNING COhIMiSSION
-4- PC85-186
STATB OF CALIFORNIA )
COONTY OF ORANGE ) ss.
CITY OF ANAHEIt9 )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on August 5,
1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: HOUAS, FRY~ HERBST, LA CLAIRE, LAWICKI~ MC BURNEY
NUES: COFIMISSIONERS: NONE
ABSENT: (:OMI9ISSIOPJERS: MESSE
IN WITNESS WHEREOF, I have hereunto set my hand this Sth day of
August, 1985.
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SECRETARY, ANAHEIhI CITY FLANNING COMMISSION
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