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PC 78-165RESOLUTION N0. PC78-165 A RESOLUTION OF TtiE ANAHEIM CITY PLANNING COMMISS~ON THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1866 BE GRANTED WHEREf1S, the Anaheim Ctty Planning Commissior+ did recetve a verifled Petition for Conditional Use Permit from CARL CISSELL AND WiLLIAM M. AND BETTY JO CLOW, 2 Rue Valbonne, Newport Beach, Callfornia 92660, owners of certain real property sltuated in the City of Anahelm, Lounty of Orange, State of California. described as: The North 98 Peet of the South 314.74 fcet, measured from the centerline of the Siree[, of the Uest 282 fee[, measured Prom the centerline of the Street, of Lot 9 of Orangewood Tract, as per map recorded in Book 7, page 42 of Mtscellaneous Maps, records of Orange County, Californla; and The East 377.00 feet of the South 314.82 feet of Lot 9 of the Orangewood Trac[ as per Map recorded in Book 7 page 42 of Miscelianeous Maps and the East 165.00 feet of the Southeriy 220.00 feet of Lot 10 of the Orangewood Tract as per Map recorded in Book 7 page 42 of Miscellaneo~s Maps; and The South 22Q feet of the Uest 165 feet of the East 4?5 feet of Lo[ 10 of Orangewood Trac[. as shown on a map recorded in boo~ 7, page 42 of Miscellaneaus Maps, records of Orange Coun[y, Californta. NHEREAS, the City Pianning Lcx~mission did hald a public hearing at the City Hall in [he City of Anaheim on July il, 1978, at 1:3Q p.m., notice of satd public hearing having been duly 9iven as required by law and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter 13,03, [o hear and conslder evidence for and against said proposed conditional use and to investigate and make flndings and recommendations ln connectlon therewith; and WHEP,EAS, sald Camission, after duc inspection, investigation and study made by itself and in its behalf~ a~d after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a condltional use permit is authorized by Anaheim Municipal Code Sect(on 18.27.050.060 to wit: to permit a 35-uni[ residentlal planned unit development with waiver of: SECTIOt! 18.27.061.010 - Minimum building site area per unit. ~5000 s uare feet requlred; 79 square feet proposed) 2. That the proposed walver is hereby granted on the basts that the prop~sed proJect will be located between multiple-family units and single-family un(ts, and will serve as a desirable transitional use; that there are exceptional or extraordinary circumstances or conditlons applicable io the property that do not apply generally to the property or class of use in the same vicinity and zone; and PC78-t65 that the requested waiver will not be materlally detrime~tal to the public welfare or zone in whlch the property is located, 3. That the proposed use wttl not adversely affect the adJoining land uses and the growth and development of the area in which it is proposed to be located. 4, That the size and shapo of the sit~. 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, safeiy, and general welfare of the Cittzens of the Ctty of Anaheim. 5. That the granting of the Conditional Usc Permit under Lhe conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. Thac 12 persons indicated thelr presence at satd public hearing in opposition; and that no correspondence was received In opposltion [o the subject petition. ENVIRONNEI~TAL lMPACT REPORT FINDING: Environmental Impact Report No. 212 was certi ed in conJunct on with Genera an Amendment No. 145 of Aprii 18,1978. NOW, THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commission does herEby grant subject Petition for Condltional Use Permit, upon the following conditio~s which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welTare of the Citizens of the City of Anaheim: 1. That [his Condttlonal Use Permit is grant~d su6ject to the completion of Reclassificatlon No. 78-79-6, now pending. 2. That the awner(s) of subJect property shall pay the traffic signal assessmen[ fee (Council Policy No. 214) amounting to 53G.00 per each new dwe)linq unit prtar to che issuance of a buiiding permit. 3. Thae subject property shall be developed subscantialiy irt accordance wlth plans and spectfications on file with the City of Anahetm marked ExhTbit Nos. 1 through 4. 4. Prtor to the issuance of a butlding permtt, convenants, conditions and restrtctions shall be submitted to and approved by the City Attorney's Office, thai said CCtR's shall inciude a provision for the permanent matntenance of the landscaped area adjacent io Sirtmons Avenue; and, further~ that Che CCbR's shall be recorded in the office of the Orange County Recorder. BE IT FURTHER RESOLVED that the Anahetm City Pla~ntng Cortmission does hereby find and determine that the adoption of this Resolutlon is expressly predTcated upon applicant's compltance with each and all of the condltions hereinabove set forth. Should any conditl~n or any par2 thereof, be declared invalid or unenforceable by the -2- PC78-165 ' final Judgment of zny court of competent Jurisdiction, then this Resolutlon, anJ any approvals herein contained, shall be deemed null and void, THE FOREGOING RESOLUTION is slgned and approved by me this 17th day of July~ 1978. ~'~~~ ~ ~B .,....~~ CHP.fRMAN PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION A'iTEST: G~~ ~7° ~c~,~.,_w SECRETA(iY, ANAHEIM CITY PLANNING COMM15510N STATE OF CALIFORNIA ) COUNTY OF JRANGE ) ss. CITY OF ANAHEIM ) 1~ Edith L. Harris, Secretary of the Anaheim Cicy Planning Camisston, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Cfty Planning Commission held on July 17, 1978, at 1:30 p.m..by the following vote of the members thereof: AYES: COMMISSIQNERS: DAV10. JOHNSON. KiNG~ L1NIJ, TOLAR NOES: COMMISSIO~tERS: EARNES ABSENT: COMHISSIONERS: HERBST iN NITNESS WHEREOF~ I have hereunto set my hand this 17th day of July, 1978, ~~~ ~~~ SECRETARY, ANAHEIM CITY PLANkING COMMISSION '3' PC78-165