PC 85-202RESOLUTION N0. PC85-202
A RESOLUTION OF THE ANAHEIM CiTY PLANNING COMMISSTON
THAT PETITION FOR CONDITLONAL USE PERMIT N0. 2714 6E GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Pecmit from PRTSCZLO PANGANIBAN AND PiLAR C.
PANGANIBAN, 804 North Magnolia Avenue, Anaheim, California 9280i, owners, and
DALTON JAMES, 6279 Checey Avenue, Long Beach, Ca.'..ifornia 90805, agent for
certain :eai property situated in the City of Anaheim, Coun~y of Orange, State
of Californi.a, described as:
LOT 149 OF TRACT 27.18~ PER b1AP RECORGED iN BOOK 63, PAGES 36 TO
38 INCLUSIVE OF MiSCELLANEOUS MAPS IN THE OFFTCE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT AI,L OIL, GAS~ MLNERALS AND OTHER HYDROCARBON SUBSTANCES
BELOW A DEPTEi OF 500 FEET~ BUT WiTHOUT THE RIGHT OF SURFACE
ENTRY~ AS RESERVED IN DEED RECORDED iN BOOK 27].4~ PAGE 257~
OFFICiAL RECORDS.
WHEREAS, tlie City Planning Commission did hold a oublic hearing at
the Civic Center in the City of Anaheim on September 4, 1985, at 1:30 p.m.,
notice of said pub.lic hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter ].8.03,
to hear and consider evidence tot and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, aftec due inspection, investigation and
study made by itself and in its behalf, and after due consideration of al;.
evidence and reports offe:ed at said hearing, does find and determine the
followiny facts:
1. That the proposed use is properl.y one for which a condi~ional use
yermit is ~14~27GL1ZL-CI bp dnahein Municipal. Cod~ Section 18.26.OSO.OtO to wit:
to expand a board and care faci3.ity to a maximum of 12 developmentally
disabled persons, and tc censtruct a second ctory additios~ in the RS-7200
(Residential, Single-ramily) Zone.
2. That the proposed use will not adversel.y affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be locatPd.
3. 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 particulat 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 Anaheim.
0608r :C85-202
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5. That the traffic generated by the propcsed use wi.ll not impose an
undue burden upon the stceets and highways designed and impro~~ed to carry the
traffic in the area.
6. That three persons indicated their presence at said pub).ic
he.~ring in opposition; and that no correspondence wz: Leceived i.n opposition
to the subject petition.
ENVIRONDIENTAL iMPACT PINDING: That the Anaheim City P].an~~ing
Commission has reviewed the propusal to expand a board and care facility for a
maximum of 12 developmentally disabled persons, a~id construct a second story
addition in the RS-7200 (Residential, 5ingle-Famil.y) Zone on a rectangu).arl.y-
shaped parceJ, of iand consisting of appcoximately 6,004 square feet, having a
f:ontage of approximately 60 feet on the east side of Magnolia Avenue, and
further desceibed as 804 North Magnol.ia Avenue; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
Declaration together with any commenL-s received during the publ.ic review
process and further finding on the basis of khe initial study and any comments
received that there is no substantial evidence that the project will have a
siynificant eYfect on the environment.
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 yeneral welface of the Citizens o£ the City of Anaheim:
1. That the owner of subject property shall pay to the City of Anaheim a
Eee for street lighting alung blagnolia Avenue in an amuunt as
determined by the City Council.
2. That the owner of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Magnolia Avenue in an amount as
detetmined by the City Council..
3. That pians shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uni.YOrm Building, Plumbing, Electr.ical, Housing,
Mechanical and Fire Codes as adopted by the City of ~naheim. The
appropriate permits shall be obtained for any necessar~~ work.
4. That subject property shal]. be developed substantially in accordance
wiEh plans and specifications on fi7.e with the City of Anaheim marked
Exhibit Nos. 1 through 3.
5. That prior to the commencement of the activity authorized under this
resolution, or prior tu issuance of a buil.ding permit, or within a
peciod oP one year from the date of this cesol.ution, whichever occucs
first, Condition Nos. 1, 2 and 3, above-mentioned, sha]1 be complied
with. Extensions for fuLther time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipa].
Code.
6. That prior to final building and zoning inspections, Condition No. 4,
above-mentioned, shaJ.l be complied with.
-Z- PC85-202
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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 eacn and all of the conditions
hereinanove set forth. ShouZd any such conditions, or any part thereof, be
declared invaZid or unenforceable by the final judgment of any court of
competent jurisdiction, then this P.esolution, and any approva7.s herein
contained, shall be deemed null and void.
THE FOF,cGOING RESOLUTZON is signed and approved by me this 4th day of
September, 1985.
~/~A.,.Cu~.c~ ,/~ ~ G'~~-u.c/
CHAiRWCMAN, ANAHEIM CiTY~PLANNIDIG COMMiSSION
ATTE5T:
`~,~. .~2~~,~.~
SECRETARt~ ANAHEIM CiiY PLANNTNG COMMISSZGN
STATE OF CALIFCRNIA )
COUNTY OP ORAi~GE ) ss.
CITY OF ANAHEII9 )
I, Bdith L. Harris, Secretary of the Anaheim City P~~nning
Conunission, do heceby ceetit~ that L-}~e Eoregoing resolution was passeu and
adopted at a meeting of the Anaheim City Planning Commission held on September
4, 19fi5, uy the followiny vote of the members thereof:
AYES: COMtATSSIONERS: BOUAS, FRY, HERBST~ LA CLALRE, MC BURNEY~ MESSE
NOES: COMMLSSIONERS: NONE
ABSENT: COt9MISSIONERS: LAWICKI
II4 WITNESS 47HEREOF, I have heceunto set my hand this 4th day of
September, 1985.
- !? ~G . ~/ l.~
SECRETARY~ ANAHEiM C'[TY PLANNiNG COMMSSSLON
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