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Resolution-PC 98-33RESOLUTION NO. PCYB-33 A RESOLUTION OF THE ANAHEIM CITY PL,ANNING COMMISSION THAT PETITfON FOR CONDITIONAL USE PEF2MIT NO. 4007 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Pemiit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 12 OF TRACT NO. 4757, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAL!FORNIA, AS PER MAP RECORDED IN BOOK 184, PAGE(S) 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFIC~ OF THE COUNTY REC~?RDERS OF SAID COUNT,'. WHEREAS, the ~ity Planning Commission did hold a public hearing at the Civic Center in the City oF Anaheim on March 16, 1998 at 1:30 p.m., notice of said public hearing having 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 permit 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 consideration of all evidence and reports offered at said hearing, doe:; find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sectior. 18.34.05U.020 to permit 2 boardinghouse facility for up to ten (10) residents. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; 4. That the traffic generated by the proposal will not impose an undue burden upon the strests and highways designed and improved to carry the traffic in the area; 5. That granting this conditianal use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 6. Th~'r no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CR3209PL.DOC -1- PC98-33 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission fias reviewed the proposal to permit a boardinghouse facility for up to ten (10) residents on a 0.20-acre parcel having frontage of 72 feet on the north side of Aimont Avenue with maximum depth of 125 feet and located 842 feet east of the centeriine of State College Boulevard (2127 East Almont Avenue, Units A and D; and does hereby approve the Negative Declaration up~n finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the i~iitial study and any comments received that there is no substantial evidence that the project will have a ~ignificant effect 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 4o 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 ail services provided by this boardinghouse facility, including meal service, shall be for residents of this address (2127 East Almont Avenue) only. 2. That prior to commencement of operation of this business, a valid business license sha~i be obtained from the Business License Division, Gity of Anaheim Finance Department. 3. That the maximum number of residents shall be ten (10). 4. That the number of residen; vehicies shall at no time exceed the number of available covered garage spaces which are open and accessibie for parking. 5. That petitioner shall provide a twenty four (24) hours per day, on-site manager vaho wili be responsible for responding to any neighbor's concerns regarding lhis facility. The name and telephone number of the manager shall be submitted to the Code Enforcement Division, to be kept on file, within a period of thirty (30) days from the approval date of this resolution. 6. That trash storage areas shall be refurbished, including construction of new trash enclosure gates in accordance with C~ty standards, to the satisFaction of the Streets and Sanitation Division, Public Works Depariment, and in compliance with approved plans on file with said department. 7. That subject use permit shall expire one (1) year from the date of this resolution, on March 16, 1999. 8. That the property owner shall remove the un-permitted patio cover attached lo the masonry wall on the west property line. 9. That subject property shall be developed sub;;tantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 10. That within a period of thirty (30) daye ~rom the date of this resolution, Condition Nos. 2, 4, 5, 6, 8 and 9, above-me~tioned, shall be complied with. 11. That approval of this application constitutes approval of the proposed request only to the extent lhat it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approvai does no: include any action or findinps as to compliance or approval of th~ request regardfng any other appllcable ordinance, regulation or requirement. "2" PCfi3-33 BE IT FURTHER P.ESOLVED that the Anaheim City Planning Commission does hereby find and determine 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 condition, or any part thereof, be declared invalid or unenforceable by the fnal judgment of any court of competent jurisdiction, than this Resolution, and any approvals herein contained, shall be deemed null and vcfd. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting o~ M2rch 16, 1998. ~-~% .--~ ~-~ ~-~~ CHAIRMAN ANAHEIM CI7Y PLANNING CO MISSION AT7EST; ~I~1-4~M1~-~ (-~wru{Y SECRETAR , AN HEIM CITY PLANNING COMMISSInN STATE OF CALIFORNIA ) COUNTY OF ORwNGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Maheim City planning Commission, do hereby certify that the foregoing r~solution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 16, 199A, by the following vote of the members thereof: AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, HENPIINGER, NAPOLES, PERAZA NOES: COMMISSIONERS:NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this a7 day of~ffl.tt _, 1996. ~~V~ Vuw~ SECRETARY, NAHEIM CITY PLANNING COMMISSION -3- PC99-33