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PC 82-177~ RESOLUTION NO. PC82-177 ~., A RESOLUTIOtI OF THE ANAHEIM CITY PLANNING COMI~fISSION THAT PETITION FOR CONDITZONAL US~ PERMIT N0. 2374 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ANAHEIM BUSINESS CENTER, P.O. Box 10077, Santa A1a, California 92%11, owner, and WILLIAM D. ADAMS, 228 West Cerritos Avenue, Anaheim, California 92805, agent of certain real property situated in the Cit; of Anaheim, County of Orange, State of California, de~cribed as: PARCEL 1~ IN THE CITY OF ANAHEIM~ COUNTY OF OP.ANGE, STATE OF CAI,IFORNIA, AS SHOWN ON A MAP FILED IN BOOK 131, PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on September 20, 1982, at 1:30 p.m., notice of said public hearing haviag 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 perr.ut 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 conside~ation of all evidence and reports offered at said hearing, does find and determine the followinq facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.89.030.010 to wit: to permit a physio-therapy and sauna establishment with waiver of the following: SECTIONS 18.06.060.0211 - Minimum number of parking spaces and 18.44.066.050 (671 spaces required; 594 spaces existing) 2. That the proposed use is hereby granted for a period of three (3) years. 3. That the requested waiver is hereby granted on the basis of the surroundings and on the basis that the customera needs for parking will vary duE to the variety of businesses in the business complex and that denial would deprive subject property of a privilege being enjoyed by other properties in tl^~ same zone and vicinity. 4. That the petitioner sti,pulated at the public hearing that the treatment areas shall be separated by curtains, not sound-proofed walls. 5. That the proposed use will not adversely affect the adjoin3.nq iand uses and tha gr~.rth and development of the area in which it is proposed ±o Le located. ~02262 PC82-177 ~ ~ 6. 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, heal.th, safety and general welfare of the Citizens of the City of Anaheim. 7. 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. 8- 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. 9. That no one indicated their presence at said pubiic hearing in onposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTZeL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a physio-therapy and sauna establishment with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 12.3 acres located at the southwest corner o£ Cerritos Avenue and Anaheim Boulevard, and further described as 228 West c:erritos 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 commercial professional land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petiticner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaratiun substantiating the foreyoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, gE IT RESOLVED that the Anah~im Citj PZanninq Com~ission does hereby qrant 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 appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim. 2• That the owner(s) of subject property shall pay the difference between the industrial and coaunercial traffic signal assessment fees (Ordinance No. 3896), for an area of 163d square feet, in an amount determined by the City Council. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the treatment areas shall be separated by curtains not soundproofed walls. _~_ ` PC82-177 ~ ~ 4. That Condition Nos. 1 and 2, above-mentioned, shall be completed prior. to the commencement of the activity authorized by this conditional use permit. 5. That Condition No. 3, above-mentioned, shall be complied with prior to final building and zoning inspections. 6. That this conditional use permit shall expire three (3) years from the date of this resolution. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and deterr,une 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 conditions, or any part thereof, be cleclared invalid or unenforceable by the final judgment of any court of competent jurisd~'ction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of September, 1982. C I , ANAHEIM CITY PLA G COMMISSION ATTEST: ~[Y.L.G(~ ~ ~-/.Lilitie.~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION 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 Septetnber 20, 1982, by the following vote of the menbers thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KiNG, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE AHSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, 2 have hereunto set my hand this 20th day of September, 1982. ~~1d .~ . SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC82-177 , _.,~,'~