Resolution-PC 98-68RESOLUTION NO. PC98-68
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4020 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE
OF CALIFORNIA, CALIFORNIA, COUNTY OF ORANGE, CITY OF
ANAHEIM, AND IS QESCRIB[D AS FOLLOWS:
THAT PORTION OF FRACTIONAL SECTION 4, TOWNSHIP 4 SOUTH,
RANGE 9 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID
FRACTIONAL SECTION 4, SAID POINT OF BEGINNING BEING ALSO
STATION NO. 17 OF U.S. GOVERNMENT SURVEY OF RANCHO CANON
DE SANTA ANA, REFERENCE BEING MADE TO A MAP FILED IN BOOK 1,
PAGE 29 OF LICENSED SURVEYORS' MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE
SOUTH 7-3/4° WEST, ALONG THE EAST LINE OF SAID LOT 1 A
DISTANCE OF 1364.77 FEET TO THE NORTHEAST CORNER OF THAT
PARCEL OF LAND CONVEYED TO M. APALATEGUT AND WIFE, BY DEED
RECORDED IN BOOK 393, PAGE 399 OF DEEDS, RECORDS OF SAID
ORANGE COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE
OF SAID LOT 1 A DISTANCE OF 569.30 FEET TO THE NORTHWEST
CORNER OF SAID PARCEL CONVEYED TO M. APAIATEGUT AND WIFE;
THENCE NORTH 1354.29 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT 1 DISTANCE OF 717.48 FEET WEST OF THE POINT OF
BEGINNING; THENCE EAST ALONG SAID NORTH LINE 717.48 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 1 OF
DEED TO THE CITY OF ANAHEIM RECORDED MAY 2, 1967 IN BOOK
8240, PAGE 889 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 27, 1998 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 Maheim Municipai Code, Chapter 18.03, to
hear and consider evidence for and against said proposed condi!ional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and det~rmfne the foliowing facts:
1. That lhe proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030.010, 18.8~.050.055 and 18.110.110 to permit a 450 sq, ft.
mobile office trailer in conjunction with an existing fishing concession operation.
CR3269PL.DOC -1- PC98-68
2. That subject property is located in Development Area 6"Open Space Area" of the Northeast Area
Specific Pian (SP 94-1).
3. That this proposal was inadvertently advertised as a 4,500 sq. ft, mobile office trailer but the
correct size is significantly smaller (450 sq. ft.).
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 a~d shape of the site for the proposed use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area nor to the peace, healih, safety and
general welfare.
6. That ihe traffic generated by the proposed use will not impose an undue burden upon the streets
and highways designed and improved to carry the tra~c in the area.
7. That granting of this conditional use permit, under the condilions imposed, will not be detrimental
to the peace, health, safety and general weifare of the citizens of the City of Anaheim.
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CAUFORNIA ENVIP.ONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has deter~nined that the proposed project falis within the definition of Categorical
Exemptions, Class 3, as clefinorl in the State Environmental Impact Report (EIR) Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE 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 the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of thQ City of Anaheim:
1. That additional minimum fifteen (15) gallon sized trees shall be plantPd, if needed, to provide
complete screening of the approved modular office lraiier from La Paima Avenue.
2. That th~ wall-mounted air conditioning unit on lhe modular o~ce traile~ shail not be visible to La
Palma Avenue.
3. That this permit shall expire five (5) years from the date of this resolution.
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to tl-~e City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as condiUoned herein.
5. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 4,
above-mentioned, shall be complied with. Extensions for further time to complete said con~itions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
6. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with lhe Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other appiicable ordinance, regulation or requirement.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and dete~ mine that adoption of this Resolution is expressly prsdicated upon applicanPs compliance
with each and ail of tho conditions hereinabove set forth. S!:ould any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, ther. this
Resolution, and any approvals herein contained, shall be deemed nuil and void.
THE FOREGOING RESOLUTION was adopted at the Planning Gommission meeting of
April 27, 1998.
.i/ ~ ~-~~ • ~~~
C IRMAN APJANEIM CITY PLANNING COMMISSION
ATTEST:
~~anaa~ ~Sa~n.~
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF ~ALIFORNIA )
COUNTY OF ORANGE j ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the A,naheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at ~ meeting of the Anaheim City Planning
Commission held on Aprii 27, 1998, by the following vote of the members thereof:
AYES: COMNiI&SIONERB:BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMWIISSIONERS:NONE
ABSENT: COMMISSIONERS: NONE
VACANLY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of _~~
1998. '
I 1~8~U~
SECRETARY, HEIM CITY PLRNNING COMMISSION
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