PC 78-180i~ }
RESOLUTION N0. PC7$-180
A RESOLUTIUtJ OF THE AtIAHEiM CITY PLANNING COMMISSION
THAT PETITION f~R CONDITIONAL USE PERMtT N0, 1841 BE GRANTED
WNEREAS~ the Anaheim City Planning Commisslon did receive a vertfied
Petltion for Conditional Use Permit from HAROLD A, AtJD B, ROBERTA SWANSON~ 2117 East
Lincoln Avenue, Anaheim, California, ?2806, owners, and ROBERT M, MURPHY, 1529 East
Rose Avenue, Orange, California 92667, agent, of certain real propcrty situated in
the City of Anaheim, County of Orange, State of Californta, described as:
Lot 6 of Tract 1843, in the Ctty of Anahetm, as per map recorded
in book 53, pages 45 and 46, Miscellaneous Maps, in the office of
the county recorder of said county.
1JHEREAS~ the City Planning Commission did hoid a public hearing at the City
Hall in the City of Anaheim on July 3~. 1?78, at 1:30 p.m., notice of said public
hearing having been duly given as required by taw and in accordance with the
provisions of the Anahetm Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed condi[tonal use and to investigate and make
findings and recommendattons in connection therewith; and
41HEREAS, sald Commission, af[er due inspection, investigation and study made
by itself and in its behalf, and after due constdera[lon of all evidence and reports
offered at said hearing, does find and determine the followtng facts:
t, That the proposed use is properly one for r~hlch a conditional use
permit is authorized by Anaheim Municipal Code Section 18.41.050.130 to wt[: to
permit an optonetry office in a residence.
2. That the proposed use, as granted, will be solelyfor the cammercial use
of a residential structure wlthout any concurrent residential usage, as stipuleted by
the petitioner.
3. That the proposed use will not adversely affect the adJoining land uses
and the grrn+[h ~nd development of the area In which it is proposed to be located.
4. That [he size and shape of the site proposed for the use ts adequate to
allow the full development of the proposed use tn a manner not detrimental to ihe
particular area nor tn the peace~ health~ safety, and general welfare of the CitTzens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the condttions
imposed, if any, wili not be detrtmental to the peace, health. safety and general
welfare of Lhe Citizens of the City of Anaheim.
6. That no one lndicated their presence at said public hearing in
opposition; and that no correspondence was received tn oppositton to the subJect
petitton.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or hts authortzed
representat ve as eterm ne that the proposed proJect falls withtn the d~ftnition
of Categorica) Exemptions, Class 1, as defined in Paragraph 2 of the City of Anahetm
PC78-180
Environmental impact Report Guldelines and is, therefore, categoricaliy exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE 17 RESOLVED that the Anahelm Lity PlannTng Commission
does hereby grant subJect Petition for Conditlonal Use Permlt, upon the following
conditions which are hereby found to be a necessary prerequislte to the proposed use
af the sub'ect property In order to preserve the safety and general welfare of the
Citizens o~thc Clty of Anahcim:
1, That the owner(s) of subJect property shall deed to the Gity of Anaheim
a strip or land 53 feet in wldth from the centerline of the street along Lincoln
Avenue far street widening purposes.
2. Tfiat the owner(s) of subJect property shall pay to the City of Anaheim
the sum of .95 cents per front foot along Ltncoln Avenue for tree planting purposes.
3. That vehicutar access rights, except at street and/or aliey openings,
[o Lincoln Avenue shall be dedicated to the City o` Anahelm,
4, That in accordance with Council Policy No. 21G, owner(s) of subJect
property shall pay the traffic sfgnal assessment fee at a rate amounting to the
comnercial fee per 1000 square feet of buildtng or fractlon thereof minus the
resldentlal fee, prlor to the issuance of a buildino permit.
5, Tha[ Lhis conditlonal use permit (s granted subJect to the completion
of Reclassification No. 6S ~9-1, nor pending.
6. That subJect oroperty shall be developed substantially in accorda~ce
with plans and specifications on file wi[h the City of Anaheim marked Exht6lt Nos, 1
through 6, prior to final buliding and zoning lnspectioris.
7, That Conditlon Nos 1, 2, 3 and 5, above mentioned, shall be complied
with prtor to the commencement of the actlvity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of one year
from date hereof, whichever cccurs first, or such further time as ihe Planning
Commission may grant.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and de*_ermine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditio~s hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent jurisdiction, then this Resolution,
and any approvels herein contained, shall be deemed null and void.
THE fOREG0ING RESOLUTION is slgned and epproved by me this 31st day of July
1978. • ~
~ I , ANAHEI ING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC78-160
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•__
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edlth L, Harris, Secretary of the Anaheim City Planning Commisston~ do
hereby certlfy that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Pianning Commtssion held on July 31, 1978. at 1:30 p.m,, by the
following vote of the members thereof:
AYES: COMMISSIONERS: 9F~RNES~ DAVID, HERBST, JOHNSON. KING~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMI~SIONERS: LINN
~N NIT~E55 WHEREOF, 1 have hereunto set my hand this 31st day of Juty~ 1978.
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SECRETAR , ANAHEIH CI PLANNtNG COMMtSS10N
-3- Pt78-t8o