1985-092RESOLUTION NO. 85R-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2646.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from JOE PERSHING and CATHERINE HILDA ADELE LEMONS, owners, and DR.
DONALD F. REAS, agent, to permit commercial use of a residential
structure upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 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, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 39, PAGE 39
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC85-12 granting, in
part, Conditional Use Permit No. 2646; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. The size and shape of the site proposed for the 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,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting, in part, said
conditional use permit be, and the same is hereby, revise, in
part, and that Conditional Use Permit No. 2646 be, and the same
is hereby, granted permitting commercial use of a residential
structure on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.44.035.030 - Required location of parking
spaces. (Parking to the rear
of the residential structure
required; parking to the front
and side proposed)
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subject to the following conditions:
1. That a 6-foot high masonry block wall shall be
constructed and maintained along the westerly property
line.
2. That the existing garage structure shall be allowed to
remain until such time as additional access rights are
reciprocally granted to the adjacent properties,
3. That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division,
4. That due to the change in use of the building, plans
shall be submitted to the Building Division showing
compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim. The appropriate permits shall be
obtained for any necessary work.
5. 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 3;
provided, however, that prior to issuance of a building
permit, revised plans shall be submitted indicating that
the existing driveways on Euclid Street shall be closed
and replaced with standard curb, gutter, sidewalk and
landscaping; and that the circulation and parking areas
shall be redesigned, subject to the review and approval
of the City Traffic Engineer, to provide a minimum of
nine (9) parking spaces (2 of which may be enclosed in a
garage) and to allow one new driveway on Euclid Street
near the south boundary of the subject property. Angled
parking spaces shall be permitted along said driveway
which connects Euclid Street with the existing driveway
extending south to Orange Avenue. A minimum landscaped
setback of three (3) feet shall separate any angled
parking spaces from Euclid Street.
6. That this Conditional Use Permit is granted 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
resolution, or within a period of one year from the date
of this resolution, whichever occurs first, Condition
Nos. 4 and 6, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
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8. That prior to final building and zoning inspections, or
prior to commencement for the activity authorized under
resolution, whichever occurs first, Condition Nos. 1, 3,
and 5, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant'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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of February,
1985.
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MA OR OF THE CITY OF ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF A IM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-92 was introduced and adopted at a regular '"~'^'a
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of February, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-92 on the 19th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of February, 1985.
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CITY CLERK OF THE CITY OF AHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the criginal of Resolution No. 85R-92 duly passed and adopted
by the Anaheim City Council on February 19, 1985.
a
CITY CLERK
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