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PC 85-13~--. RESOL~~TION N0. PC85-13 A RESOLUTION OF THE ANAHEIM CITY °LAt7NING CUI4MISSION THAT PElITIO[J FOR CONDITIONAL USE PERMIT N0. ~647 BE GRANTED WHEREAS, the Anaheim City Planning Commission ~id receive a verified Petition [or Conditicnal Use Pezmit from WILLIAM E. S~'JW AND MARY E. SNOW, 1591 South Sinclair Stceet, Anaheim, Calif~•rnia 92806, ,wners of certain real pro~erty situated in the City of Anaheim, County of Oran;" State of California, described asr LOT 52 OF TRACT 2090, IN THE CITY OF f,NAHElM, COUNTY 9F Oi2AtJGE, STATE OF CALIFJRN:A~ AS FER MAP RECOhDED I^1 BOOK 41~ PI,GE(S) 38 ArD 39 OF h1ISCELLANEOUS MAPS~ IN TFIE OFFICE OF THE COUNTY RE~ORDER OF SAID CU~NT':. WH~REAS, the CiCy planning C~mmission di:, hold a public hearing at the Civic Center in the City of A~aheim on January 7, 1985, at 1:30 p,m., notice of said publi~ heacing havir~ Eeen duly given a~ required by la~u and in accordance with the provisions oE the Anaheim Municipal Code, Chapter 18.03, to h?ar and consider evidence for and against said propose~ conditional use permit and to investigate and make Eindings and recommendations in connection therewith; and WEIEREAS, said Commission, aftec due inspection, inves`igation and stud~~ made by it~clf ano in its behalf, an~ aftec due considerac._on of all evidence and reoorts offeced at said h?aring, does finc and detcrmine the following facts: 1. That the proposed use is prcperlp one for w} ich a condi~_ional use ~,ermit is authorized by Anaheim Municipal Cod~ Section 18.41.050.1.~Q to wit: permit an nffice use in a rpsidential structurN. 2. That the proposed use will not adversely affect the adjoinir:g land uses and the growtl and development of the area in which it is proposed tq he l~CRtn~7, 3. That the size and shape of the site p~nosed for the use is adequata to allow the full development o~ the proposed use in a manner not de;.rimental to the particular area noc to the peace, t~ea~th, safett and yeneral welfare of the Citize~s of the City of Anaheim. 4. That the granting of the Conditional Use Pe~mit unde: the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare oE the Citizens of the City of Anaheim. 5. Th~t the traffic generated by the proposed use will not impose an ~ndue burden upon the streets and hi~hways de~igned and improved to carry the kraffic in the area. 6. That no one indicated tneir presence at said public hearing in opposition; and that ~u correspundence was received in opposi'ion to the subject petition. $0410t PC65-13 e Y ~-~~.r . .. . . ENVIR_ pNMghT~L =MpACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an office use in a residential structure on a rectangularly-shaped parcel of land consisti.ng of approximately 6369 square f.eet having a frontage of approximately 66 feet on the south side of Ball Road being located approximately 510 feet west of the center~ine of Anaheim Boulevard, and further described as 140 L9est Ball Road; and does hereby appcove tha Negative Declaration upon finding that it has considered the Negative Leclaration toqether with any comments received during the public review prccess an6 further finding on the basis of the initial study and any comments received that there is no substantial evidence that the pzoject will have a significant efPect on the environment. NOW, THEREFORE, BE IT P.ESOLVEA 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 presarve the safety and general welfare of the Citize~s oE the City oE Anaheim: 1• That the owner of subject property shall irrevocably offer to dedicate L-o c;,C City oE Anaheim a strip of land 53 feet in width frorn tne centerline of the street along Ball Road for street widening purposes. Z• That vehicular access riyhts to Ball Road shall be dedicated to the City of Anaheim. 3. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Ball Road in an amount as determined 5y the City Council. 4. That the owne:: of subject propert:y shall pay to the City of Anaheim a fee for. tree planting purposes along Ball Road in an amount as determined by the City Council. 5. T!.at the appropriate traffic signal assessment fee ahall be paid to the City of Anahe~m in an amount as determined by the City Council for a new commercial building converced from a single-family residence. 6. That a 6-foot high masonry block wall shall be consEructed and maintained alony the westerly property line. 7• That no medical and/or dental uses be permitted on subject property unless sufficient additional on-site parking is provided, as required by Zoning Code. 8• That this Conditional Use Permit is granted subject to the adoption of the zoning ordinance in cor.nection with Reclassi£ication No. 67-68-33(4), now pending. 9. That due to t,~e change in use and/or occupancy of the buildiug, plans shall be submitted to the Building Division showing compiiacice with the minimum standards oE the City o~ Anaheim, including the Uniform Building, Plu~,ibing, Electric~l, Mechanical and Fir.e Codes as adopted by the City oE Anaheim. The appropri.ate permits shall be obtained for any necessary work. , -Z- PC85-13 ~ ,-.. 10. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 11. That prior to commencement of the activity authorized under this resolution, or prior to thP ~ime that a k,uilding permit is issues, or within a period of ninety (90) days from the date of ~his resolution, whichever occurs fi.rst, the owner(s) of subject property shall execute and record a covenant in a f,:rm approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may heraafter be formed pursuant to the provisions of Development Agreement No. &3-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include srch o~aner's property. Failure to comply with this condition within the specified time sha11 deem this cond?tional use permit null al.d void. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim rt~arked Exhibit Nos, 1 and 2. 13. That prior to issuance of a building permit, or prior to the commencement of the acti.vity authorized under this resolution, or within a period of one year fcom the date of this resolu*_ion, whichever. occurs first, Condition Nos. 1, 2, 3, 4, 5, 8 and 9, above-meitioned, shall be complied with. Extensions for further time to cor.iplete said conditions may be granted in accordance wil•h Section 18.03.090 of the Ar,aheim ldunicipal Code. 14. That prior to fina; building and zoning inspections, Condition Nos. 6, 10 atid 12, above-mentioned, shall be cor,plied with. BE IT FURTHER RESOLVBD that the Anaheim City Planning Commission does hereby find and determine that adoption of this F.eso]ution is expressly predica~aa upon appl:icanL-'s compliance with each and all of the conditions hereinabove set forth. Should any such cenditions, or any part L-hereof, be declared invalid or. unenforceable by the final juc~~,nent of ano court of comnetent juzisdicLicn, tLru L-his Resolution, ,:~d any approvals herein contained, st~all ~e deemed null and void. THE FOREGOIN(; RESOLUTTUN is signed and approved by me this 7th day of .lanuary, 1985. ~`~ ' ~ . ~ i~/~ '° ,~~ . ~ --eFfAIRMAN~ ANAHETM CvITY PLANNING COMMISSION ATTEST: ~(?~~~ ~~~~~~ SECRETARY~ A.d?!HEIM CITY P:,ANPIING COI9MISSION -3 PC85-13 ': STATE OF CALIFORNIA ) COUNTY OF ORAN~E ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary oE the Anaheim Ci.ry Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January ?, 1985, by the following vote oE the me!~hers thereof: AYES: COMMI;'•SIONERS: BOUAS, BUSHORE, I'RY, FiERHST, KING~ LA CLAIRE, MC SURNEY NOES: COPIMISSIOhERS: NONE A$SENT: COMMISSIONERS: NONE IN W?TNESS WHEREOF, I have hereunto set rny hand this 7th day of January, 1985. frI ~ 2 .~"~ ~ ~~~f ~„~ . SECRETAkY~ ANAHEIM CITY PLANNING CO[4bfISSION ~ ~~ -4- x:; n< ?^a ~, .. ~c:u~k~a~: a;d_ ~~