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PC 78-154~ RESOLUTION N0. PC7II-t54 A RESOLUTION OF THE ANAHEIM CITY PLANNING GOMMi5510N THAT PETITION FOR COt~DITIONAI USE FcnMIT N0. 1860 BE GRANTED, IN PART WHEREAS~ the Anahefm Clty Planntng Commission did receive a verified Petition for Condittonai Use Permit from WILLIPM P. DRAGANZA, DOUGLAS E. JONES, 2629 Harbor Boulevard, Costa Mesa, Lalifornta~ y2626, owners, and BOYCE BELT. 1440 A. Cabrillo Park Drive~ Santa Ana, California 92701, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California~ described as: PARCEL i: That portton of thc southeast quarter of the southeast quarter of the northwest quarter of Section 27, Township 4 South~ Range 10 West, in the Rancho 5an Juan CaJon de Santa Ana, Gity of Anaheim, County of Orange, State of California, as said section is showr on a map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County described as folla+s: Beginnin9 at the Southeast corner of said Northwest quarCer, said point being the intersection of the center Iine of Harbor Boulevard and Oran9e+,ood Avenue; thence along the Southerly line of said Northwest quartcr and the center line of Orangewood Avenue, South 8~ k3' 23" West 666.85 feet to the westerly line of said southeast quarter of the Soucheast quarter of the Nor[hwest quar[er; [hence along satu westerty line, t~orth 1° 13' OS" West 353•05, more or less, to a line parallel with and distant 353•00 feetfeet northerly= neasured at right angles from said center line of Orangevx~oJ Avenue. said point bein9 the true point of beginning; thence along said parallci line North 69° 43' 23" East 265.04 feet, more or less, to a line parallel r+ith and dis[an; 265.00 feet easterly~ measured at right angles from said westerly line; thence along said parallel line North 1° 13' 03" West 106.00 feet; thence parallel with said center line of Orangewood Avenue, North 89° 43' 23" East k00.72 feet. more or tess, to said center 11ne of Harbor Bouievard; thence along said center line North 1° 21' 07" West 200.93 feet to [he North line of sald Southeast quar[er of the Southeast quarter of the Northwest quarter; thence South 8?0 43' 37" West 665.32 feet along the North tine of said Southeast quarter of the Sou[heast ouarter of the Northwest quarter to the Northwes[ corner thereof; thence along said Westerly line, South l0 13' OS" East 305.97 feet, more cr less, to the point ofi beginning. EXCEPT any portlon thereof whtch is not included within the Sautheas[ quarter of the Southeast quarter of the Northwest quarter of Sectton 27, Township 4 South, Range 10 West, as said section would be developed from a center as described tn Gase No. 40910 in the Superior Lourt of Orange County, California~ a certifled copy of thedecree was recorded August t, 1943 1n Eook 1208, page 287, Official Records~ and i~ Case No, 41055 in the Superlor Lourt of Orange Lounty. California~ a certified copy of the decree was recorded February 14~ 1951 in book 214b, page 174~ Offtcial Records. Said center being shown on a map filed in book 24, page 22 of Records of Surveys in the office of [he County Recorder of said County. AL50 EXCEPT that portion of the North 175.00 feet thereof~ measured from the PC78-154 ,~ northerly line of the last described exceptlon, lying easterly of a llne parallel with sald Harbor Boulevard, and distant Westerly ~~70.32 feet measured at right angles frnm the center line of said Harbor Boulcvard. WNEREAS~ the City Plannfng Commisslon did hold a public hearing at the City Hall in the City of Anaheim on Juty 3, 197a, at 1:3~ p.m „ notice of sald public hearing liaving been duly given as requlred by law and in accordance with the provisions of the A~ahelm Municipat Code, Chapte~ 18.03~ to hear and consider evidence for and against sald propo~ed conditional use a~d to investtgate and make findin9s and racommendations in connection therewith; and WHEREAS, sald Cor,mission, afcer due inspection, investigatiort and study made by ttself and in i[s behalf, and after due constderation of all evidence and reports offered at sald hearing, does find and determine the following facts: i. That the proposed use is properly one for which a conditional use permit is authorized by Anahei~ Municipal Code Section 18.44.050.0~+0 to wit: to permit a massage business with a walver of the following: SELTION 13,06.020.010 - Minimum number of parkinq spaces 2, That the requested waiver is hereby denled on the basis that subsequent to the the notice of pubiic hear(ng for the parking waiver~ and i~ accordance with Section 13.06.020.Q10 percalning to off-stte parking, peti[toner submitted a reciprecal parking agreement acceptable to the Ci[y of Anaheim and allouing off-site parking on the parcel [o the south and, thereby, elimfnated the need for :he waiver. 3, That the proposed use, as granteJ, will no[ adversely affect the adJoining land uses and the grawth and development of [hc area in which It is proposed to be located. k. That thc size and shape of the site proposed for the use, as granted~ is adequate to allov+ the ful) development of the propased use in a manner not detrime~tal to the particular area nor to Che peace, health, safe[y, and 9eneral welfarc of the Citizens of Che Clty of AnahcEm. 5, That the Londitional Use Permit, as granted, and under the conditlons imposed, witl not be detrimental to the peace, health, safety and general welfare of the Litizens of the City of Anaheim. 5. That no one fndicated their presence at said public hearing in opposition; and that no correspondence was received in oppositton to the subJect petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representatlve ha5 determ ned that the proposed proJect falls within the definltTon of Categarlcal Exempttons, Class 1~ as defined in Paragraph 2 of the City of Anaheim Envtronmental Impa~[ Report Gutdelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the Analieim City Planning Commission does hereby grant, in part, subJect Petition for Conditional Use Permit, upon the following condttions which are hereby found to be a necessary prerequisite to the _2_ PC78-t54 Y +~I l , , j proposed use of the subJect property tn order to preserve Che safety and general welfare of the Citizens of the City of Anaheim: 1. That appropriate water assessment fees as determined by the Dtrector of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a bufiding permit. 2. That the owner(s) of subJect property shali pay to the City of Anaheirti the sum of three and one-half dollars ($3.50) per front foot along Harbor Boulevard for street lighting purposes. 3. That subJect property shall be develaped substantTally in accordance with plans and specifications on file with the Ctty of Anaheim marked Exhtbit Nos. 1 and 2. 4. Tha[ Gondition Nos. 1 and 2, above-mentioned, shall be complied with prfor to the commencement of the activity authorized under this resolu[ion, or prior to the ttme that the building permit is issued, or within a perTod of one year from date hereof, whichever occurs first, or such further time as the Planning Commiss(on may grant. BE IT FURTHER RESOLVED that the Anaheim City Planning Cortmission does hereby find and determine that adoption of this Resotution is expressly predicated upon applicant's compliance with each and all of the co~ditions heretnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of canpetent Jurisdiction, then this Resolution. and any approvats herein contained, shall be deemed null and votd, THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of Juty T978. ~ ~ IRMAN, ANAH M 1~'Y PLAN!IING CO!iMISSION A7TEST: ~~_ .~ ~~... SECRETARY, A~~ANEIM CITY PLANNING LOMMISSION STATE OF CALIFORNIA ) C6UNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1~ Edith L. Harris~ Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anahetm City Planning CommissTon held on July 3~ 1978~ at 1:30 p.m,, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, OAVID, HE165T. KING, LINN, TOLAR NOES: LOMMISSIONERS: JOHNSON ABSEtIT: COM"iiSSI0NER5: NONE IN WITNESS NFIEREOF. I have hereunto set my hand this 3~d day of July, 1978. [~di.Ll~. /~ ~. "L~F~C/(~2.c~ SECRETARY~ ANAHEIM CITY PLANNING COHMISSION -3- PC78-154