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PC 81-192RESOLUTION N0. PC81 -192 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2256 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from KEITH E. RESCO, III, 805 North Harbor Boulevard, Anaheim, California 92805, owner, and WILLIAM A. WOODYARD, 300 South Harbor Boulevard #804A, Anaheim, California 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Lot 17, Block A, Tract No. 375, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 17, page 32, Miscellaneous Maps, in the office of the County Recorder of said County. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 1981, 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 18.44.050.140 to wit: to permit the commercial use of a residential structure with waivers of: (a) SECTION 18.44.063.040 and .050 - Minimum landscaped setback. (10 feet required adjacent to residential zoning; none proposed) (b) SECTION 18.44.068 - Required site screening (6 foot high wall required adjacent to residential zoning; ( none proposed) 2. That the proposed commercial office use is hereby granted subject to the stipulation of the petitioner to limit the uses to accountants, insurance agents, real estate brokers and professional offices (non - medical). 3. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. PC81 -192 4. That 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 of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and ;general welfare of the Citizens of the City of Anaheim. 6, That 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. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject Petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RM -2400 (Residential, Multiple - Family) Zone to the CO (Commercial, Limited) Zone to permit the commercial use of a residential structure with waivers of minimum landscaped setback and required site screening on a rectangularly- shaped parcel of land consisting of approximately 5,450 square feet, located approximately 100 feet north of the centerline of North Street; 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 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 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 the City of Anaheim: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 81 -82 -6, now pending. 2. 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 4. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 condition, 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. - 2 - PC81 -192 THE FOREGOING RESOLUTION is signed and approved by me this 9th day of September, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1981. t 4 CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 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 September 9, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September, / :. SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC81 -192