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PC 75-48r' ~ ~ RESOLUTION N0. PC75-~ A RESOLUTION OF 7HE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITIUN FOR CONDITIOt~AL USE PERMIT.NO. 1518 BE GRANTED. I~IHEREAS, the City Pianning Commission of the City of Anaheim did raceive a verified Petition for Conditional Use Permit from BROWN-BFVIS INDUSTRIAL EQUI!'MENT COMPANY, 6550 East Washington, Los Angeles, California g0022 and THOMAS F, AND CAIHERiNE T. 6RADY, 125 South Narding Avenue, Anaheim, Callfornia 92804 (Owners); DM51,'Attn: Alec Osachoff, 3848 Campus Drive, Suite 210, Newport Beach, California 92660 (Agent) of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: p11 of Lot 23 and the Westerly hatf of Lot 24 of Tract No. 403, as shown on a Ma~ recorded in Book 16, Page 11 of Miscellaneous Maps, in the office of the County Recorder of said Co~nty. PARCEL 2: Lots 25 and 2b of Tract No. 403, as shown on a Map recorded in Book 16, Page 11 of Miscelianeous Maps, in the•office of the County Recorder of said County, EXCEPT THEREFROM the Easterly 145.50 feet thereof. Lot 22 of Tract No. 403, as shown on a Map recorded in Book 16, Page 11 of Mis- cellaneous Maps, records of Orange County, California. ' ' EXCEPT theref~om the East 156 feet thereof; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the.City of Anaheim on March 3, 1975, at 1:3~ p.m„ notice of said public hearing having been duly given as required by law and in accordance with the pro- vtsions o` the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for.and against said proposed conditional use and to investigate and n~ake findings and recommendations i~ connection therewith; and WHEREl15, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and after due consideration of all evidence and reports cffered at said hearing, does find and determine the following,facts: , 1, That the proposed use is properly one for which a conditional use permit is authorized by Code Section 18,26,050.020, to wit: establish an infiant day care and preschoul facility in the RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZONE, with waivers of the following: • ~ ~ a, SEC710N 18.04.042.020 - Permitted uses in required yards. (Play- grounds and parking not permitLed in front and side setbacks) b. SECTION 18.04.043.101 - Maximum fence heiqht. ( 1 feet permitted; 4 feet ana 6 feet proposed) c, SECTION 18.26.067.010 - Maximum si4n area. (1 square Foot permitted; IS square feet proposed) 2. That Waiver 1-a, above-mentioned, is hereby granted on the basis.that the ~roposal is not unreasonable, since the subject area is in a state of transition. 3, That Waiver 1-b, above-mentioned, is hereby granted on the basis that the proposed fence height is for the safety of the children who will be, cared for on the premises. 4. That Waiver 1-c, above-mentioned, is hereby granted on the basis that the proposed size of the sign is not objectionable, primarily because the subject area is in a state of transition. , 5, That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area i~ which it is proposed to be located. b. Thet the size and shapr_ of the site proposed for the use is adequatc 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 Anaheim. RESOLUTION N0. PC7~-48 I'. I~ 7. That the granting of the Condi[ional Use Permit u~nder the conditions imposed, if any, will not be detrimental to the peace, health, safety, and general i~r..lfare of the Citizens of the City of Anaheim. 8. That no one indicated their presence at said puhlic hearing in opposition, and no correspcndence was received in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That the Planning Commission recommends to the City Council that the subject project be exempt from the requirement to prepare an Environmental !mpact Report, pursuant to the provisions of the California Environmental Quality Act. NOW, THEREFORF, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grar.t subject Petition for Conditional Use Permit upon the following condi- tions which are hereby found to be a ~ecessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Ansheim: i. That the owner(s) of subject property shall deed to the City cf Anaheim a strip of lan~ 32 feet in width from the centerline of the strEet along Topanga Drive and Harding Avenue, and 10 feet in width from the centerline of the alley, for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Topanga Drive and Harding Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drain- age fiacilities, or other appurtenant work shall be compiied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighiting facilities along Topanga Drive and Harding Avenue shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60t per front foot along Topanga Drive and Narding Avenue for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved pl~ns on file with the office of the Director of Public Warks. 5. That fire hydrants shall be installed and charged as required and deter- mined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 6. That subject property shall be served by underground util~Cies. 7. That drainge of subject property shall be disposed of in a manner satis- factory to the City Engineer. 8. That a 6-foot masonry wall shall be constructed along the east, south, and north property lines ad~acent to residential properties. 9. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 10. That in the event that subject property is Co be divided for the purpose of sale, lea=~ or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3 and 4. 12. That Condition Nos. 1, 'L and 3, above-mentioned, shall be complied with prior to ~he commencement of the activ'ity authorized under this resolution, or prior to th~ time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -2- R.ESOLUTION N0. PC75'48 ~ I -. ~ ~ ~ 13. That Condition Nos. 4, 6, 7, 8, 9 and il, above-mentioned, shall be complied with prior'to fina7 building and zoning inspections. , THE fOREG0ING RE50LUTION is signed and approved by me this 3rd day of Ilarch, 1975• CH IRMAN, ANAHEI CITY PLANNING COMMISSION ATTE57': ~~~~~ ~~J S~CRETARY, P.NAHE,IM C17Y PLqNNING COM~~SSION STATc OF CALiFORNIA ) COUMT"! OF "vRANGE ) ss. CITY QF ANAHEIM ) I, Patricia B, Scan'lan, Secretary of the City Planning Commission of the City of Anahein, do here6y certify that the foregoi~ig resolution was passed and adopted at a meeting of the City P?anning Commission of the Ctty of Anaheim held on March 3, 1975> at 1:30 p.m., by tMe followi~ng wote of the members thereof: AYES: COMM-ISSi0NER5: FARANO, 'GAUER, JOHNSON, KIN6, HER85T NOES: C"bMMISSIOhEFS: NbNE ' ABSENT: COMMISSI~NERS: 't10RL£Y, TOLAR IN WITNESS WIIEREOF, I have hereunto set my hand this 3rd day of March, 1975. ,~ ~ ~ ,e ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -g- RESOLI!TION N0. PC75-48