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PC 82-165^'~ ,:,~..,. RESOLUTION NO. PC82-165 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIUN THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2370 BE GRANTED WIiEREAS, the Rnaheim City Planning Commission did rer.eive a verified Petition for Conditional Use Pe±-mit from OMER J. AND CONSTANCE J. GIBSON, 215 South State College Boulevard, Anaheim, California 92805, owners and PHILLIP A. ZYWICIEL, 300 South Harbor Boulevard, Suite 802, Anaheim, California 92805, agent of certain real property situated in the City o£ Anaheim, County of Oranye, State of c:ali~ornia, described as: LOT 5 OF TRACT NO. 1758~ IN THE CITY OF ANAHEIM~ IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 53, PAGE 19 aND 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on September 8, 1982 at 1:30 p.m., notice of said public hearing having been duly given as r~Zuired by law and in accordance with the provisiona 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 recoaunendations 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 £ind and determir.e the follow±ng facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit to pe::'mit an office use in a residential structure: 2• That the proposed use will not adversely affect the adjoining iand uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of r.h~ site proposed _°or the use is adeguate 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. 4. 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 Anahei.m. 5. 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. 6. That no one indicated their presence at said public hearing in ~pposition; a-3 that no correspondence was received in opposition to the subject petition. #0196I PC82-165 r-. ,~~~. ~x;~ ~IRONMENTAL IMPACT FINDING: That the Anaheim ;y,; Commission has reviewed the ro osal to ermit and office use City Planning ` structure on a rectangularl P P P in a residential ~'!~' y-shaped parcel of land consistin of a ~'~ 0.14 acre, having a frontage of approximately 64 feet on the s uth side e~f ; Ball Road, and further described as 324 West Ball apprave the Negative Declaration from the Road; and does hereby prepare an -„•~ environmental impact report on the basis t:hat thereulwouldtbeto :.i individual or cumulative adverse environmental impact due to n~ significant ~ this Negative Declaration since the Anaheim General Plan the approval of ~~; subject property for commercial professional office uses ~ommensurates wgth t; the propoaal; that no sensitive environmental impacts are involved in the „ proposal; that the Initial Study submitted b "~ significant individual or Y the petitioner indicates no ~' cumulative adverse environmental impacts; and that ~~ the Negative Declaration substantiating the foregoing findings is on file in ~f the City of Anaheim Planning Department. C~ NO{9, THEREFORE, BE ST RESOLVED that the Anaheim City Planning Cammission does hereby grant subject Petition for Conditional Use Permit, upon the followinq 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 the owner(s) of su!~ject property shall deed to the City of 1lnaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2• That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Ball Road. 3• That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Counci2, for tree planting pqspOSe~ aloriy Bail Road. 4. That the vehicular access rights, except at approved acceas points, to Ball Road ~hall be dedicated to the City of Fnaheim. 5• That the existing structure shall be brought up to 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. 6. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordina~ice No. 3896), in an amount as determined by the City Council, for comatercial buildings prior to the issuance of a building perutit. 7. That trash i:torage areas shall be provided in accordance with aPproved p1anN on file w.ith the Officc of the Executive Director of Public Works. e. That this Condition Use Permit is grantad subject to the completion of Reclassification No. 67-68-33, now pending. 9. That subject property shall be developed substantialYy in accordance with plans and specifications on file with the City of Anaheim marked Exhibit rro. I. -2- PC82-165 a.M 10. That Condition Nos. 1, 2, 3 an9 4, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resoli;tion, or prior to the time that the building permit is issued, or within a period of one year from date !~ereof, whichever occurs first, or such further time as the Planning Commission may qrant. 11. lhat Condition Nos. 5, 7 and 9, above-mentioned, shall be complied with prior to fina7. building and zoning inspecti.ons. 12. That medical offices will not be established on subject property as stipulated to by the petitioaer. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of tY,is Resolution is expressly predicated upon applicant's conpliance with each and all cf the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final iudqment of any court of competent jurisdiction, then this Resolution, and any aop=ovals herein contained, shall be deemed null and void. THE FOREGOir~ RESOLUTION is signed and approved by me this 8th day of September, 1982. ~ A N, ANAIiEIM CITY p NG COMMISSION ATTEST: _ //~ 1 .L - KYFJit.vd SECRETARY, }~NAFiEIM CITY PLANNING C~MMISSION 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 September 8, 1982, by the following vote of the members thereof: AYES: COMMISSIONERS; BOUAS, BUSHORE, FRY, HERBST, KING, MC SURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September, 1982. ~~ .~° ~/~,t~ SECRETARY, ANAHEIM CZTY PLA~ NNING COMMISSION _ f ,:' _ -3- PC8'1-165 _'~