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PC 77-268RESOLUTION N0. PC77-268 A RESOLUTIOt7 OF THE AI~AIiEIM CITY PLANNI?IG COMMISSION TtiAT PETITIQII FOR CONDITIOtJAL USE PERMIT 40. 1779 BE DENIED WHEREAS, the Anaheim City Planniny Commission did receive a verified Pet6tion for Canditional Use PPrmit from SURESH AND RITA GANDOTRA, 6715 Swarthmore Drive, Anaheimy California 92807, owners, and GEORGE PATTON, 336 East Carson Street, Carson, California 90746, agent, of cer[ain real property situated in the City of Anaheim, Coun[y of Orange, State of California, described as: Lo~ 5 of Tract No. 791i3, as shown o~ a map recorded in book 355, pages 2J to 30, inclusive, of Miscellaneous Maps, recards of said Ora~nye County; and wHEf~EAS, the City Plan:~iny Commission did hold a public hearing at the City Hall in the City of Anaheim on December 5, 19j/, at 1:30 p.m., n~itce of said public hearing having been duly oiven as required by law and in accordance with the provisions of the Anaheim Fiunicipal Cod~, Chapter 1L~,03, to hear and consider evidence for and ayainst said proposed canditional use and to investigate and make findings and recommendations in connection therewith; and WNER[AS, said Commfssion, after due inspec[ion, investigation and study made by itself and in its behalf, and af[er due consideration of all evidence and reporis offered at said hearing, Joes 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 Section 1E3.84.042.012, to wit: to perrit roof-mounted ~olar collector panels. 2. That the proposal is hereby denied on the basis that the subject propPrty is loca[ed in the Scenic Corridor Zone-Overlay which specifically restricts roof-mounteJ equipment; that th~ proposal is visually objectionable in that black panels are mounted on a red tile roof and said panels arc fully visible from adjacent properties and stree[s; that [lie system was not desi9ned so as to be architecturally compaYible with the residence; tha[ [he use was illegally es[a6lished in violation of th:, Scenic Corridor regulations and withou[ a buildiny permit; and that an undesirabie precedent would be established if [he proposal o-iere permitted, 3, That [he proposed use will adversely affect the adjoining land uses and the yrowth and development of the area in which it is proposed to be located, 1+. That the size and shape of the sfte proposed for the use ts not adequate ta allow [he full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 5. That the granttng of the Conditional Use Permit will be detrimental to the pe¢ice~ health, safety and general welfare of the Citizens of the City of Anaheim. 6. That no one indicated their presence a~ said public hearing (n opposition; ar~~ that no correspondence was received in opp,isition to the subject QeN t1o~, PC77-268 EiJVIRONMENTAI IMPACT FIMDIt~G: That the Director of the Planning Department has determ ne t at t e pro~ase activity fa:is within the definition of Section 3.01, Giasses 1 and 3, of the City of Anaheim Gui~alines to the Requirements for an Environmenta) Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. NOW, TNEREFOP,E, BE IT RESOLVED that the Anaheim City Planning Cexnmission does hereby deny subject Peti[ion for Conditiona! Use Permit on the basis of the aforementioned findings. TH,E FOREGOIUG RESQLUTION is siyned and approved by me tF~is 5th day of Decernber, 1977. ,~u~Ol~ ~ ~ CHAIRNAN, ANAtiEIM CITY PLANI~ING COMMISSiON ATTEST: ~ ~~ ~ ~~~~u SECRETAR , ANA E111 CI Y PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) !~ Edith L. Harris, Secretary of the Anaheim City Pianning Commission~ do hereby certify that the foregoing resolution was passed and adopted at a meeti~~g of the Anaheim City Planniny Commission held on December 5, 1977~ at 1:30 p.m.~ by the followtng vote of the members thereof: AYES: COMMISSIONERS: HARNES~ DAVID, HERBST, KItIG, LINN, TOLAR NOES: CONI115510tJERS: NONE ABSENT: COMMISSIONERS: JOHNS01~ 1977. IN WiTt~ESS WHEREOF, I havr. hereunto set my hand this 5th day of December, L~~ ~~~ SECRETARY~ AtIRNEIM C Y PLNJN NG COMMISS ON .;2_ PC77-268