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83R-166 RESOLUTION NO. 83R-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2422. - WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from MARIE B. PELLETIER, owner, and N.E. FAY, agent, to permit medical office use of a residential structure on certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH 69 FEET OF THE SOUTH 470 FEET OF THE WEST 147 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 4 SOUTH RANGE 10 WEST OF SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ANAHEIM; and 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 required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation 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. PC83-55, approving Conditional Use Permit No. 2422; and WHEREAS, 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 WHEREAS, the City Council finds, after careful consi- deration 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 adjoin- ing 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 impose 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 approving said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2422 be, and the same is hereby, granted permitting medical office use of a residential structure on the hereinabove described real property, subject to the following conditions: 1. That sidewalks shall be installed along Brookhurst Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That the existing most northerly and southerly drive- ways on Brookhurst Street shall be removed and replaced with a standard curb, gutter, sidewalk and ten (10) foot deep landscaped planter. 3. That prior to issuance of a building permit, appropri- ate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 4. That trash storage areas shall be provided in accord- ance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 6. That the proposal shall comply with all signing re- quirements of the CL (Commercial, Limited) Zone unless otherwise approved in connection with a dUly-advertised pUblic hearing. 7. That a 6-foot high masonry block wall shall be con- structed along the east property line and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said wall prior to final building inspection. -2- 8. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fix- tures shall be directed away from adjacent property lines to pro- tect the residential integrity of the area. 9. That the 10 to 14 l/2-foot wide front setback area shall be landscaped in conformance with Code standards. 10. That an easement for vehicular access over the property to the north of subject property to the parking spaces on subject property, or an agreement for alternative access acceptable to the City Traffic Engineer, shall be submitted to and approved by the City Attorney's Office. Said document, as approved, will then be filed and recorded in the Office of Orange County Recorder. 12. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 73-74-9(10), now pending. 13. That prior to issuance of a building permit or commence- ment of the activity herein approved, whichever occurs first, Condition Nos. 7 and 10, above-mentioned, shall be complied with. 14. That prior to final building and zoning inspections, Condition Nos. 1, 2, 4, 5, 8, 9 and 11, above-mentioned, shall be complied with. 15. That there shall be curtains only in the doorways to the examination or treatment rooms, and that there shall be no solid doors in said doorways. 16. That the use is granted for a period of two years, to expire March 7, 1985. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condftions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent juriSdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE City Council FOREGOING RESOLUTION is approved and adopted by the of the City of A~~1983. YOR OF THE CITY OF ANAHEIM ATTEST: ~ :.? ..;.f)~Z--- TY CLgRK OF T E OF ANAHEIM JLW: fm 1045M -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-166 was introduced and adopted at a regular ~. meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of April, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-166 on the 26th day of April, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th da~ of April, 1983. ~..k~, CITY CLEIK OF THE CITY F AN HElM (SEAL) I, LINDA D.ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-166 duly passed and adopted by the Anaheim City Council on April 26, 1983. ~ "J~~oLf)#~ ~ITY CLERK ---.