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Resolution-PC 94-59R~SOLUTION IVO. P b- A RESOLUTION OF THE AtVAI-IEIM CITY PIANNING COMMISSION THAT PETITIAN ~OR CONDITIONAL USE PERMIT NO. 3677 t3E GRANTED WFI~REAS, tha Anaheim City F'lanning Commission did receive a verilfed Petit(on for Conditional Use Permit tor certain real property situatod In the City of Anahelm, County ~f Orange, State of California, describod as: PARCEL A: PARCELS 1, 2 AND 3, AS SHOWN ON A MAP FILE~ IN BOOK 166, ?AGE5 49 AND 50 OF PARrEL MAPS IN 1'HE OFFICE OF THE COUNTY RECOFiDER OF ORANGE COUNTY, CALIFdRNIA. PARCEL B: THAT PORTIt~N OF THE EAS7 5.00 ACRES OF THE WEST 10.00 ACREB OF THE SOU'~FI MALF UF THE SOUTHF~S7 DUAR7ER OF 7HE NORTHEAS7 QUARTEli OF SErTION 14, TOWP~°yIP 4 SOUTH, RANGE 11 WE.ST, IN THE RANCHO LOS COYOTES, AS SHQWN QN A MAP RECORDEO IN E300K 51, PAGE 11 OF MISCELI.ANEOUS MAPS, RECORDS OF ORANGE CbUNTY, CALIFORNIA, THAT IIES NORTHWESTENLY OF THE P10RTHWESTERLY LINE OF THE LAIVD DESCRiBEO IN THAI' CERTAIN FINAL ORDEH OF CO,IDEM(JATION, 5UPERiOR C~UR7 CASE NO. 88598, A CE~7IFIED COPY OF WHICH WAS RECORDED JUNE 11, 1962 IN BCOK 6140, PAGE 399 OF OFFICIAL RECORDS OF SAID ORANGF COUNTY. WI-IEREAS, tho City Plannfng Commission did hoid n pt!bl(c hearin~ at tha Cfvfc Center In the City of Anaholm on hiay 16, ~9J4 at 1:30 p.m., noticv ot s~id public hearing havinq baen duly givon as requirod by law and In accordance with tho provisions of the Anahelm Mun(cipal Code, Chapter 18.A3, to hear and consider evidence tor and against sald proposed conditfonal use pormit and to Investigate and mak~ findings and recomme~datlans I~ c^nnection therewith; and WHEREAS, said Cornmission, aHer due ins~ection, investfyatlon and study made by ItsQlf an~J in its bohal(, and after dua consideratlon ol all evidence and reports otfered at said hearfng, does find and dotermino the (oll~wing f~cts: t. That the proposeci use Is praperiy one for whi~h a condftional use perrnit Is authorized by Anahefm Muni :ipal Code ~ectfun Z8.41.050.100 and t8.44.050.170 to permit an approximately 390 sq.tt. add~tion to an •~xiating hospft~l tor magnetic -esonance imaging (MRI) use; 2. That the proposed use 13 properly one for which a conditional use permft is authorizod by th~ 2oning CocJe; 3. That tt;e proposed uso wfll not adversely eHect th~ adjoining land usus and ihe growth and development of tho area in wtilch it is proposed to ba locatod bocause on•site parking will Incroase by three spaces; 4. Ttut the size and ~hapo of the sito lor the proposud use Is adao,uate to ollow the tull de~~.~lopment oi the pro~osect u3e in a mannRr not detrimental to the particular area nor to tho psace, health, satety and genersl wetfare because tho proposed I,ARI e~pan~ion is minlmal, It fs consistent with exisling uses, and It wil! resu-t in tho r~moval of the eriyting h~Rt traUor; 5. That the traffic fleneratod by tha proF,osod use wlli not impose an u~xlus burden on tho streots ancf highways designod and Improved to carry the traHfc in tlie aroa because the locatiun end dosipn of tl~e MRI expansion witl minimatly impact on-ska cfrculatfon; CR2092MS.WP -1 • PC94•59 S. Thut the qranting of the conciitional use permit ~nder the condit(ons imposod will not be detrimental to tho peaco, health, safety and general woliare ot the citizens of ttie City of Anaheim; and 7. That no one indfcated thefr presence at sald public hearing in oppositiun; and that no correspondence was roceived in oppusit(on to the subject pet(tion. ,S A~IFORNIA ENVI~NMF_NTAL DUALITY ACT FINDING: The Planniny Director or his author(zed ropresentativa has detorminad that tho proposed p~~ject located et 3033 West Orango Avenue tali5 within thr~ doiinition o( Categorical Exemptfons, Class 1, as deffned In tho State EIR Guidelines ttnd is, thHrefore, cateflorically exempt from the roquirement to prepare an EIR. NOW, THEREFORE, BE IT RFSOLVED that the Anahoim City Planning Cnmmisslon does herehy grant subjoc: Petitiun for Conditiunal Use Porrnit, upon the following co~ditlons which are hereby found to be a nocessary prerequisite to the proposed uso of the subject pro~orty in order to preservo tho safety and general wolfare of the Citizens of the City of Anahefm: 1. That ihe applicable traHic signal assessment fee shall be pafd to th~ City of Anahefm in the amount establistied by City Council Rasolution. 2. That tho develoaer shall nay a traftic and trans~ortatlon improvemen: fee to the City ot Anahefm, Trailic ~ngineering Div(sion, In an amount astabl(shed by City Council re ;olutinn. 7his fee wlli be used to fund traftic and tran,portation Improvemynts wfthin tho area impacted by thfs proJeci. Said tea ~hall be subject to ad(ustment by the City Council. 3. That within a period of thirty (30) day~ after occupancy of the new fecflity, ihe owner of subJect prr,porty shall submit a letter requestlnG term(nat(on of Condit(unal Use Permft No. 3591 (permittfng a mobile MRI trafler with waiver of m(nimurn number ~! park(nfl spaces) ta the Zoning Div(sion. 4. That subj~ct pmperty shall be developed substantially {n accordance wfth p~ans and specfficatinns submitto~i to the City oI Anaheim by the petitioner and which plans Aie on filo with the Plannin~ 17epartment marked Exhibit Nos. t through 6. 5. That prior to the issuancg of a bulld(ng pormit by the State oE Californi~ or with'n a psriod of nlnery (90) days from the date oi thfs reso!utlon, whichever occur~ f(rst, Conditlon Nos. 1 and 2, above• mentioned, shall he completRd. Extensfons iar further tfmo to complete sa~d condRfons may bo grantad In accordance with Sectlon 18.03.090 of the Anaha(m Municfpal Caio. 6. That approvai of this appticatlon constftutas approv:sl o( ths proposed rbquest nnly to the extent that it complies with tho Anaheim Municipal Zoning Gocfe and any cthar oppllcable City, State and Federal regulations. Approval does not fnr,lude any ar,tion or tindinfls as to compl(ancd or approval of the request regard(ng any other applicable ordinance, repulaHon or reyulrement. 6E IT FUH7HER RESOWEO that the Anaheim Cfty Planninq Commisslon does hereby find and determine chat adoptinn of this Fiosolution is oxpressly preciicated upun applfr.ant's comnliance with oach anci ttll of the r,onciitions hereln~bove set torth. Should any su~h condition, or any part thereof, be declared invalid or unentorceable by the Iinal ~udgment of ar.y court of competont Jurisdiction, then thfs Resolution, and any approvals herefn contafnQd, shall be deernod nu~l and void. .p_ PC94-59 THE FORtGOING RESOLUTION was adopted et tho F~lanning rommission moatin~ of May 16, 1994. C.~:'~~i`~- ~ ~~~~ f-IAIFiMAN ANAHEIM C1y~~ITY PIANN COMMISSION C ATTEST: ~~ '~ ,Lc.~~- .~. '~ ~~.. ' SECRETARY, A~IAHEIM CITY I.ANNING COMMISSION S7ATE OF CALIFORNIA ) COUNTY (~F ORA~IGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary o! the Anahefm Cfty Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a moetir~g of the Anaheim City Planning ~ommissfon held on May 16, 1994, by tt~e following voto of the members thAreof: AYES: COMMISSIONE~S: 60YpSTUN, CALDWELL, FtENNINGER, MESSE, PERAZA, TAIT tvOES: COMMISSIONERS: PJONE ABSENT: COhlMIS510NERS: hAAYER IN WI7NESS WHER~OF, I have hereunto set my hand this /!1.~ day of ~ ti~ 2.. . ~ssa. ~~ ~ ~ . ~.i •1 ~ `-~-! . ,~//~~LL,L~., SFCRE?ARY, AN~IMEIM C~TY PLANNI(~G COMMISSION -3- PG'~3 ~-59