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PC 78-31RF.SOLUTIOtJ N0. PC78-31 A RESOLJT I OIJ OF TNE AIJAHE IM C I TY PLANtJ I li~ CQ'1~t I SS I ON THAT PETITION FOR CONDITIONAL USE PE~NIT N0. 1°Oi DE GRAHTED WHEREAS, the Anahcim Ci[y Planning Commission dici receive a verified Petition for Conditional Use Pernit from ROBEf:T A. SCHLEGEL AtID EILEEN A. SOWEP,SBY, 18~31 Roanoke, Tustin, California 926i,0, ovmers, and JONN T, ANO DOROTHY SCH/!EFER, 807 Oakstone bJay, Anaheim, California 92806, agents, of certain real property situated in the City of Anaheim, County o` Orange, State of California, clescribe~~ as: The Westerly 120.00 feet of the Northerly 105.9~ feet of the Southerly rectangular 2Q acres of Lot 1 of Anaheim Extension, as shown on a map recorded in the office of the Cuunty Recorder of Los Angeles County, California; Excepting any portion thereof conveyed to John Neuschafer and wife, to B. Hartfield and ~•~ife, by deed dated May 1G, 1932, and recorded May 17, 1g32, in book 554. page 2~2, Official Records, in the office of the County Recorder of said Orange County; and filed May 17, ~43Z~ as document Pio. 11~7, ?n the Office of the Re9istrar of Ti[les of said Oranae County, wfiicti deed describes all of said Lot 1, except the Southerly 20 acres thereof, and states said Southerly 20 acres is more particularly described as follo~~+s: Beginning at a point In the cen[erline of Sycamore Street, 33 feet North 74° 30' 30" East from the intersection of the center line of Sycar~ore Street with the center line of Eas[ Street, as shoarn on said map, and running thence North 15° 22' 30" ~1est along the Easterly line of said East St~eet, 820.3~~ fee[ to a poinC, 9A1.°g feet South 15° 22' 30" West from the center line of North 5[reet; thence North ?4° 14' 1$"East 1Q5~.?1 feet :o the Fasterly line of said Lot S; 6a~.75 fPAC South 15° 24' 30" Eas[ from the center line of said ~Jorth Stree[ and $25,19 fr_et North 15° 2~' 3~" West fram the centcr line of said Sycamore Street; thence South 15° 24~ 3n" East along the Easterly line of saiJ Lot i, 825.~9 feet to the center line of said Sycamore Street; thence South 74° 3Q' 3n" West along said center line, 1QS8.E4 feet to the point of begi~nin9. Nh1EREA5, the City Planning Lommission did hold a oublic hearing at the City Na11 in the Lity of Anaheim on February 13, 1978, at 1:30 p,m „ notice of said public hearing having been duly given as required by law and in accordance with the provisians of the Anaheim Municipal Code, Chap[er 1$,03, to hear and consider evidence for and against satd proposed conditional use and to investigate and make findings and recommendations in connection therewith; and NHEREAS, said Commission, after due inspection, investigation and study made L•y itself and in its behalf, and after due consideratton of all evidence and reports offered at sa(d hearing, does find and determine the followinq facts: PC7~-3~ 1. That the aroposed use ls properly one for which a condittonal use permit is au':horized by Anaheim Munlcipal Code Section 1$,7.6.050.01Q to wit: to permit a board and care facility for the a~ed, with waiver of: SECT10!J 18.26.063.010 - Minimum front yard setback. 25 eet equired; and 25 feet ProposeJ) S. That the proposed use is hereE ,ranted to permit a board and care facility for 14 elderly and ambulatory persons. 3, That the proposed wafver is hereby granted on the basis that the proposed 6-foot setback is to open parking spaces and will not result in any line-of- sight obstruction; and that the proposed 21-foo[ setbacl: wiii be to the existing building after dedication for street widening purposes is made and that reloca[ion of the building would be a hardship. 4. That the proposed use will not adversely affec[ the adJoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use is adequate to a11oa~ thc fuli development of the proposed use in a manner not detrinentai to [he particular area nor to the peace, health, sa`ety, and generai welfare of the Citizens of [he City of Anaheim. 6. That ihe 9ranting of the Londi[ional Use Permit under :he conditions imposed, if any, tiaill not be detrimentat to the peace, heal[h, safety and general welfare of the Citizens of the City of P.naheim. 7, That no one indicated their presence at said public hearing in opposition. ENVIkOF7HEIJTAL !'1PACT Ftt~Dt11G: Thr. Planrting pirector or his authorized representative has determined that the propo,ed project falts within the definition of Cate9orical Exemptions, Llass 1, as defir~ed in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore. ~ategorically exempt from the requi~ement to prepare an EIR. NOW, THEREFQRE, BE IT RESOLVED that the Anaheim City Plann(ng Commission does hereby grant subject Petition for Conditional Use Perm(~, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preservc the safety anJ general ~relfare of the Citizens of the City o` Anaheim: 1. That the owner(s) of subject property sha11 deed to the City of Anaheim a strip of land 40 feet in rrtdth from the centerline of the stree[ along East Street, tncluding a 15-foot radtus property line return, for street widening purposes. 2. That the owner(s) of suhject property sha11 pay to the City of Anahetm the appropriote park and recreatton In-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the 6uild(ng permtt is issued. -2- PC78-3] t ~ '~ 3. That the existing structure shall be brought up to the mtnimum standards of the City of Anaheim, including the Uniform Building, Plumbing~ Electrical, Housing, Mechanicai and Fire Codes as adopted by the City of Anaheim. 4. That trash sto~age areas shall be provided in accordance with approved P1ans on fi1e o~ith the Office of the Director of Public ~lorks. 5, That subject property shall be developed suhstantialty ~n accordance with plans and specificatians on file with [he Ciiy of Anaheim marked Exhihit Mo. i. G. That Condition No. 1, above me~tioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or wlthin a pertod of one year from date hereof, whichever occurs first, or such further time as the Planning ~~ission may grant. 7, That Condition Nos. 3, 4 and 5, ahove mentioned, shall be ~~Plied with prior to final building and zoni~g inspections. THE FOREGOING RESOLUTION is si9ned and approved by me this 13th day of february, 1°.7~• ~~~~ ~~ ~~~ CHAIP.htAN, ANANEIM CITY PLAN~JItJG CONMISSION ATTEST: fl~ 0~. ~° ~/7 ,L,L •_ i SECRETIIRY, ANAHEIM GITY PLANNINC~COYMISSION STATE OF CALIfORNIA ) COUNTY OF ORANGE ) ss. ~~TY OF APIAHEIM ) I, Edith ~• Narris, Secretary of the Anaheim City Planning ~~+ission, do hereby certlfy that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on ~ebruary 13, 197$, at 1:30 p.m., by the foliowing vote of the me.mbers thereoT: AYES: COMMI5510~lER5: BARIJES~ DAVID, HERBST, JOHNSON, KItJG, LINN, TOLAR NOES: CO!i'115510NEP,5: NONE ABSE~IT: COMM I SS IONERS: tr0~lE 19?8. IN 411TNE55 WHEREOF, I have hereunto set my hand this 13~h day of February, ~ .c~ / . i~ SECRETARY~ AtJAHEIM Cl~TY PLANPIING CO!1MISSION ` -3- Pc78-3~ ~