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PC 80-74RESOLUTION NO. PC80 -I4 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2072 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from KARTAR SINGH AND HARBANS K. SINGH, 1737 Holbrook Street, Anaheim, California 92807, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Lot 8 of Tract No. 5989 as per map recorded in book 230 pages 37 and 38 of Miscellaneous Maps, in the office of the county recorder of said Orange County, California. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 5, 1980, 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 Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional 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 determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.27.050.010 to wit: to permit a residential care facility for ten (10) tenants and a manager to the RS -5000 (Residential, Single- Family) Zone with waiver of: SECTION 18.27.061.021 - Maximum lot coverage. (35% permitted; F ! proposed) 2. That the proposed use is hereby denied for the expansion of the facility to ten (10) residents because of the small size of both the subject property and the dwelling. 3. That the proposed waiver is hereby denied on the basis of the small size of the property which does not permit adequate recreational and exercise facilities for the existing residents. 4. That the proposed use will 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 and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not PC80 -74 detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit will be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That thirteen (13) persons indicated their presence at said public hearing in opposition; and a petition containing forty -nine (49) signatures in opposition was submitted in opposition; that no correspondence was received in opposition to the subject petition; and approximately eight (8) persons indicated their presence favoring the request. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a residential care facility for ten (10) tenants and a manager in the RS -5000 (Residential, Single - Family) Zone with a waiver of maximum lot coverage on a rectangularly - shaped parcel of land consisting of approximately 50 feet on the northwesterly side of Holbrook Street, having a maximum depth of approximately 100 feet and being located approximately 400 feet north of the centerline of Orangethorpe Avenue; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low - medium density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit on the basis of the aforementioned findings. 1980. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION THE FOREGOING RESOLUTION is signed and approved by me this 5th day of May, CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION -2- PC80 -74 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 May 5, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, FRY, HERBST, TOLAR NOES: COMMISSIONERS: DAVID, KING ABSENT: COMMISSIONERS: BUSHORE IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of May, 1980. SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC80 -74