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PC 79-138t- RESOLUTION N0. PC79-13a A RESOLUTION OF THE ANAHEIM CITY PLANNINf COHMI55101~ THAT PETITION FOR COND1710NAL USE !'ERMIT N0, 1g58 BE GRAt~TED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from EARL J. LITTLE, 3~Q00 Via De Agua, San Juan Capistrano, California, 9z675~ owner, and DON AND CAROLYN NELLS, 2050 South Euclid Street, Anahelm, California 92302, agents, of certain reai property sttuated in the Lity of Anaheim, County of Orange, State of Califor~ia, described as: The Sou[h 95 fect of the North 26~f fcet of the West 229•z6 feec of the South half of the Southwest Quarter of the Northwest Quarter of Section 28 Tawnship 4 South Range 10 aest in the City of Anaheim, recorded as Miscellaneous Maps, Orange County, Cal i fornl a. WHEREAS, the City Planning Gommission did hold a public hearing at the City Hall in the City of Anaheim on July 2, 1979, at i:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Lode, Chapter 15.03, [o hear and consider evidence for and against said proposed conditional use and to investigate and make findings and recommendations in conntction therewith; and WHEREAS, said Lommission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at sald hearing, does f(nd and determine che following facts: 1. That the p~oposed use is properiy one for which a conditional use pe rtnit is authorized by Anaheim Municipal Code Sectton 18.41.05~.130 to wtt: to permlt office uses in a residential structure with waivers of: (a) SECTIOtJ 18.~1.060.040 - Minimum site area. 20 000 s uare eet required; 1,7 5 square eet existing) (b~ SECTION 18.41.05~•137 - Maximu_m ~si n ~_area. ~$ s uar~et permitted; 21 sq~t existing) 2. That the proposed use is hereby granted for a period of one year, subject to review for possible extensio~s of time by the Planning Cortmission tc determine whether or not the use has had a detrtmental effect in the area, 3. That the requested waiver (a) is hereby granted on the basis that the residential structure and lot are existing and because of its location which abuts cormiercial offlce and limited commercial uses and zoning to the north and souCh. PC79-t38 , l 4. That the requested Y~alver (b) is hereby dented on the basis that there are no special circumstances applfcable to the property that would necessitate a sign of this size and that the petittoner will be allowed one (t) year ta bring the sign into conformance wfth the Sign Ordinance, by which time (July 2, 1980) the sign must have been removed. 5. That the proposed use, as granted, wi11 not adversely affect the adjoining land uses and the growth and development of the area in which it ts praoosed to be located. 6. That the size and shape of [he site proposed for the use, as granted, is adequate to allow the full developnent of the proposed use in a manner not detrimental to the particular area nor to the peace, health. safety, and general welfare of the Citizens of the City of Anaheim. 7. That the Conditional Use Permit, as granted, and under [he conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 8. That the traffic generated by [he proposed use, as granted, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subJect petition. EI~VIRONMENTAL IMPACT FINDING: That the Anaheim Ctty Planning Commtsston has reviewed the proposal to permit o ice usPS in a resfdential structure with watvers of minimum site are3 and maximum sign ~rea on a r~ctangularly-shaped parcel of land consisting ~f approximately 0.4 acre. h~ving a firontage of approximately 95 feet on the east side of Eucltd Street, having a maximum depth of approximately 176 feet, and being located approxlmately ;95 feet r+orth of the cen[erline of O~angewood Avenue; and does hereby approve the Negatlve Declaration from [he requirement to prepare an environmental impact report on the basls that there vrould be no significant individual or cumula[ive adverse environmental impact due to thA approval of thts NegatTve Declaration since the Anaheim General Plan designates the subJect property for general commercial land uses comnensura;e r~ith the proposal; that no sens(tive environmental Impacts are involved in the proposal; [hat the Intttal Study submltted by the petitloner indicates no signtficant tndivtdual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW~ THEREFORE~ BE IT RESOLVED that does hereby grant, in part. subJect Pcti;ton for following conditions which are hereby found proposed use of the subJect property in nrder to welfare of the Litizens of the City of Anaheim: the Anaheim City Planning Commisston Condltional Use PermTt, upon the to be a necessary prerequtsite to the preserve thr safety and general -2- PC79-~38 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 2. That subject property shall be developed substantlally In accordance with plans and specifications on f11e ~atth the City of Anahelm marked Exhlblt Nos. 1 through 3. 3. That Conditlon Nos. 1 and 2, above-mentioned, shall be compiled with within sixty (60) days of the date hereof. BE IT FURTHER RESOLVED that the Anaheim City Planning Carmission does hereby find and determine that adoption of thts Resolution is expressly predicated upon applicant's comptiance wtth each and all of the conditions 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 approvals herein contained, shall be deened null and void. THE FOREGOING RESOLUTIOp (s signed and approved by me this 2nd day of July, 1979. A I. AN, ANAHE I TY PL N I t~G COMH I SS I Ot~ ATTEST: ~~ ~ • ~~6~1..~ SELRETARY. ANAHEIM CITY PLAtJNItIG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) t, Edith L, itarris, Secretary of [he Anaheim City Planning Camiission, do hereby certify that the forego(ng resolution was passed and adopted at a meeting of the Anaheim City Planning Commissian held on July 2, 1979, by the foilowing vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE~ DAVID, fRY, HERBST~ KING NOES: COH.MISSIONERS: NOHE ABSENT: COMMISSIO~~ERS: NONE ABSTAIN: COMMISSIONERS: TOLAR IN 411TNE55 1JHEREOF. I have hereunto set my hand this 2nd day of July. 1979• ~r?.c.G~ ~ la~.~.: SECRE~(ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC79-138