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78-055RESOLUTION N0. 78R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF ANAHEIM GRANTING CONDITIONAL I1SE PERMIT N0. 1768 WHEREAS, the City Planning Commission of the Citz~ of Anaheim did receive an application for a conditional use permit from ROBERT W. and KATHERINE M. HUGHART, owners; and SISTER LUCILLE BERNIER, agent, to .permit a private tutoring service on certain real properly located at 1335 South Ashington Lane, situ- ated in the City of Anaheim, County of Orange, State of California, legally described as: LOT 26 OF TRACT N0. 5751, AS PER MAP RECORDED IN BOOK 261, PAGES 7 AND 8 OF MISCELLANEOUS I~iAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUAITY; and .. -1- ATTV-26 (Page 1 of 3 pages) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.A3 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No.PC77-264 , denying Conditional Use Permit No. 1768 and WIiEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WIiEREAS, the City Council finds, after careful consider- ation of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 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, health, safety and general welfare. 4. The traffic generated by the proposed use will not im- pose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City, Planning Commission den in~c._ said conditional use permit be, and the same is here y, reversed and that Conditional Use Permit No. 1768 he, and the same is hereby, granted permitting a private tutoring service on the aforedescribed property, subject to the fallowing conditions: •- 2- ATTY-26 (Page 2 of 2 Pages) 1. 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. 2. That the maximum number o= students be reduced to not more than eight ( 8 ) per day by July 1, 19 7 8. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner(s), their heirs, successors or assigns to comply with the Anaheim Municipal Code and regula- tions and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th .day of January, 1978. ,1 ~~ MAYO OF THE I OF ANAHEIM ATTEST: %, CI LERK OF THE CITY OF ANAHEIT3 JLW:fm -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk o~ the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R-55 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of January, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-55 on the 24th day. of January, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of January, 1978. CITY CLERK OF THE CI OF Ai~AHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-55 duly passed and adopted by the Anaheim City Council on January 24, 1978. r~ ~~ CITY CLERK