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PC 77-159RESOLUTION N0. PC77-159 A RESOLUTIOFI OF THE ANAHE!.'9 CITY f'LANWItlG C011MISSION THAT PETITION FOR CCNUITIDtlAL USE P[RMIT t~0. 171G 6E DEh71CU WHEREAS, [he Anaheim City Planniny Commission did receive a verificd Petition for Conditir~na) Use Perni[ from WILLIAN H. At~U CATHEP,INE A. ~RADLEY, 402 Paseo Serena, Anahcim, California 92007, o.+ners of ccrtain real property si[ua[ed in the City of Anaheim, County of Ora~ye, State of Lalifornia, described as: Lot 77 of Tract tlo. d220, as shovrn on a 11ap recorded in Book 335, pages 33 to 41 inclusive, of Miscellaneous Haps, records of Orange County, California; anJ WHEREAS, the Lity Planning Gommission did schedule a public heariny at the City Hail in the Ci[y of Anaheim on June 2~), t977, at 1:30 p.m., ~otice of Said pubiic heariny haviny been eluly yiven as requireJ by la~•1 ~nJ in accordance with the provisions of the Anaheim 1lunicipal Code, Chapter 12.0;, [o hear and consider evidence for and ayainst said proposeJ conditional use and ta investiga[e anJ nake findings and recammendations in connection therea,ith; said public hearing havine, been continucd Co the Flanning Comruission neetiny of July li;, 197/; and WHEREAS, said Cor~nission, afccr due inspection, inves[iyaticn and study made by itself and in its behalf, and after duc consideration of all evidence and reports offered at said iieariny, does finJ and deterrine [tie i0II0141(1(~ facts: 1. That Che proposed use is properly onc for which a co~ditional use permiC is authorized by M ahein N~unicipal Code Section 12.O~.Oj0.010, [o wit: to permit solar collector panels. 2. That tfie proposal is hereby denied on the I~asis that the subject property is located in the Scenic Corridor Overlay Zone wnich specifically prohibiis roof-mounted eyuipment; ttiat tlie proposal is visuaily objectionable and is fuily visible frum adjacen[ propertics and streets; [hat [he systeri was not designed in a manner which would make it visually inte~,~rated and architec2urally compatible with the resiJence, altliouyh other systems which ~•rould appear Co be acceptable in the Scenic Corrido~ are available; [hat tlie use was illegally es[ablished in viola[ion of the Scenic Corridor regulatians and witliou[ a building permit; and that an undesirable precedent o+ould bc es[ablished if the proposal were permittPd. 3, That the proposed use r+ill adversely affect tlie aJjoining land uses and the grow[h and development of the ar~a in t•~hich it is proposed to be located. 4. That the si~e and shape of the site proposed for ttie use is not adequate to allow the full developrnent of Chc proposed use in a manner not detrimental to the particular area nor to the peace, healtfi, safety, anJ general welfare of the Citizens of the City af Analieim. 5. That thc gran[iny of the Conditional Use Permit will be detrimental to the peace, health, safety and yeneral welfare of the Citizens of the City of Anaheim. PC77-159 b. That ten {10) persons indicated their suppor[ of the proposed use an4 four (4) people indicaCed their opposition to tlie requesk; and that thirteen (13) le[ters were received supporting the request, and one (1) letter was received in opposition to the request. EIiVIRONMEI~T~L 119PACT F~tJUI,~G: That the Director of the Planning Department has determ(ned [hat the proposed activity falls within the definition e` 'ection 3.p1, Class 1, of the City of Anaheim Guidelines to the Requiremer for an Environmental Impact Report anJ is, therefore, categorically exempt rro~~ the requirement to file an EIR. PJOIJ, Tfi[IiEFOftE, DE IT RESOLVED that t4ie Anaheim City Planning Comnission does hereby deny s~bject Petition for Conditional Use Permit on the basis of the aforementioned findinys. 1977. TNL FOP,EGOING RESOLUTIOfd is siyneJ and approved by me this lpth day of July, ~,~~~~~v ~. ~ CtiAIR11AN, At~AHEIM CrTY LAtlt~ING OMnISSION ATT[:ST: ~ l~~~. SECRETAR , A~EIM CITY PLAtIt~ING COHMISSION STAT[ OF CALIFORIJI~ ) COUNTY OF OiiAUGE ) ss. CITY OF ANAIiElt1 ) I, Ldith L. Harris, Secretary of the AnahPim City Planning Commission, do hereby certify that ttie foreyoiny resolution wa~ passed and adopteJ at a meeting of Che Anahein City Planning Cortunissic:n held on July 18, 1~77, at 1:30 p.m., by the following vote of the membcrs thereof: AYES: COM1115SIOI~ERS: UARtI[S, ~JAVID, iIERESST, JOHNSOt~, KIFIG, LIIJN~ TOLAR t~OES: COHI1ISSIOt~ERS: NOl~E ABSEl~T: COMI~115SIOIIERS: ~I01lE Itl WITNESS 41HEREUF, I have hereunto set my hand this 13th day of July, t977. /„ ~ ~ ~~~1/~ SECRETARY, Al~nlfElN CITY PLAt~NIi~G COMMISSION -2- Pc77-t59