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PC 78-149RESOLUTION N0. PC7$-149 A Rf50LUTI0N OF THE ANAHEIM CITY PLANt~ING COMMISSION THAT PETITION FOR COI~DITIONAL USE. PERMIT N0. 1850 BE GRANTED 61HEREAS~ the Anaheim Cfty °!ann(ng Commission did receive a verified Petition for Conditional Use Permit from VINCE~T P. AtJD PATRICIA L. PIETROK~ 1000 East South Street, Anaheim, Californla 92805, aw~er of certain real property situated in the City of Anaheim. County of C~ange, State of California, described as: The East one-half of the following: Starting at a point 515 feet East of the intersection of the center line of South Street, and the Easterly line of Orange Street: Thence Easterly along the center line of South S[reet 120 feet: Thence South 15-1/2 East Parallel to the Easterly line of Orange Street 300 feet; Thence South 74-1/2 West, paraliel to the center line of South Street 12- feet; thence North 15-1/2 West 330 feet to ihe potnt of Beginning. WHEREAS, the Ci[y Planning Commission did h Hall in the City of Anaheim on July 3, 1978, at 1:30 hearing having been duly given as required by provislons of the Anaheim Municipal Code, Chapter evidence for and against satd proposed conditional findings and reco~renendations in connection therewith; ~id a public hearing at the Ctty p.m „ notice of said public law and in accordance with the 18.03, to hear and consider use and co investigate and make and WHEREAS, said Commission, after due inspection, investTgation and study made by itself and fn its behalf, and after due consideration of all evTdence and reports offered at said hearing, does find and determine the foilowing facts: 1. That the proposed use is properiy one for oihich a conditional use permit is authorized by Anaheim Municipal Code Sec[ton 18.61.050.450 to wit: to permit a gymnastic training center with waivers of the following: (a) SECTION 18.06.060.0261 - Hinimum number of arkin s aces. 32 spaces required; sp~ aces exTsting) (b) SECTION 18.61.063.012 - Mininum front setback 25 eet required; 22.3 feet ex-sl tin9) (c) SELTiQN 18.61.053.012 - Min(mum landsca ed setback 0 eet propose ; none proposed) 2, That the requested waivers are hereby granted on the basTs that the existing structure was constructed in accordance with Municipal Landscaping Code regulatlons a[ the time of construction and to upgrade the number of parking spaces arsd landscaping and building setbacks to conformance with the current Zoning Code would create a hardship; and that the proposed use~ as described by the petittoner, will not generate a need for parking spaces in excess of the available spaces. 3. That the proposed use will ~ot adversely affect the adJoining land uses and the growth and development of the area in which it is proposed to be located. PC78-149 4, That the size and shape of thc site proposed for the usc is adequate to allow the fult development of the proposed use in a manner not detrimental to the partic~itar area nor tn the peace, health, safety, and general Nelfare of the Citizens of the City of Anaheim, 5, That the granting of the Conditional Use Permit under the conditions imposed, if any, w111 not be detrimental to the peace. health, safety and general welfare of the Cttizens of thc City of Anaheim. 6. That no one indicaced their presence at said public hearing in opposition; .' that no correspondence was received in opposttio~ [o the subJect petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed proJect falls within the definition of Categoricat Exemptions, Class 1, as deFined in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare a~ E1R. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ci[y Planning Commission does hereby grant subject Petition for Londitional Use Permit, upon the folloaing conditions which are hereby found to be a necessary prerequlsite to the proposed use of the subJect property in order to preserve ihe safety and general welfare of the Citlzens of the City of Anaheim: 1, That the owner(s) of subject property shall deed to the City of Anahetm a strip of land 32 feet in width from the centcrline of the street along South Street for street wtdening purposes. 2. That all engineering requirements of the Lity of Anaheim a7ong South Street including preparation of improvement plans and installation of all improvenents such as curbs and gutters, stdewalks, street grading and paving, drainage facilities or other appurtenant work, shall be canpiicd with as required by the City Engineer and in accordance with standard pla~s and specTficaitons on file in the Office of the City Engineer; that sireet lighting facilities along South Street shatl be installed prior to finai buildfng and zoning inspections uniess othe~wfse approved by the Director of Public Utilities, and in accordance with standard speciflcations o~ file in the Office of the ~irector of Public Utilities; and/or that a bond, certificate of deposit. letter of rredit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted wtth the City to guarantee the instaliation of the abave-mentioned requirement, prTor :o ftnal occupai~cy. 3, That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Puhlic Works. 4. That subJect property sha~l be served by underground utilities. 5, That dratnage of subject property shall be dlsposed of in a manner satlsfactory to the City Engineer. 6, That subject property shall be developed substanttally in accordance witl~ plans and specifi~ations on ftle with the Ctty of Anaheim marked Exhibit No. 1. 7, That Condition Nos. 1 and 2, above-mentioned, shall be complied wlth prlor to the commencement of the activity authortzed under thls resolution, or prior _Z_ Pc78-i49 .1 to the tlne that the building permit is issued~ or within a period of one year from date hereof, whichever occu~s first~ or such further tlme as the Planning Commission may grant. 8, That Conditlon Nos. 3, 4. 5 and 6, above-ment:or,ed~ shall be canplied with prlor to flnal bullding and zanlny inspections. BE IT FURTHER RESOLVEO that the Anaheim City Planning Commission does hereby find and determine that adoptton of this Rasolutio~ is expressly predlcated upon applicant's compliance with each and ail of the conditions hereinabove set forth. Should any such condTtion, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent JurTsdictton, then this ResolutTon. and any approvals herein contalned, shall be deemed null and void. THE fOREGOING RESOLUTION is signed nd approved by me this 3rd day of July 1978. ~ C AN, A H CI Y PLAN~:IN6 COMHISSION ATTEST: ~,~L~y .~ 7J~,,,~:. SECRETARY, ANAHEIM LITY PLANNING COMMISSION STATE OF CALIFORN!A ) COUNTY OF ORANGE ) ss. CITY OF AI~AHEIri ) I. Edith L. Harrts. Secretary of the Anaheim City Planning Commisslon, do hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim City Plannino Camiission held on July 3~ i978, at 1:30 p.m,~ by tfie following vote of the members thereof: AYES: CONMISSIONERS: BARNES, DAVID, HERBST. JOHNSON, KtNG, IIHN, 70(AR NOES: COHNISSIONEftS: NONE ABSENT: COMMISSIO~~ERS: NONE IN WITNE55 bMEREOF, I have hereun:o set my hand this 3rd day of July, i978. ~ECRE AR ~~ ~M ~~ N LA4NING COMMI S~ -3- PC78-149