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PC 80-107R[SOL~1T10'! N0, PG'~7-1~7 A RESOLUTIO': OF THE AP!/111C1!! CITY PLAtJt11~IG CO!+!!I5S10?1 TIi~,T PET IT I orl FO(t COPID IT I OrtF,!_ !1SE P[R~! I T!J0. 2.0~ ; aE r,RAtITED WNEREAS, the Anaheim City Planning Commission did receive a verified Pet i t i on for Cond i t i ona 1 Use Perr~ i t f rom PlELSOP! C/1SA~fOV/l Ah~D MAR IA T. CAS~MOVA, 91 1 South Sylvan Avenue, ~naheim, California ~2~i01E, owners, and ROP.ERT Sf1NCHEZ, ~11 South Sylvan Street, Anaheim, California 92^~~t, agent, of certain real property situated in the City of Anah~ein, County of Orange, State of California, described as: Lot 66 of Tract Plo, 1~51, in the City of Anaheim, Coun*y of Orange, State of California, as per map recorded in GooE: c3 pages 4 and 5 of "liscellaneous Maps, in t•he office of the county recorder of said county. 4lHEP,[AS, the City Planning Commission dicl hold a public hearing at the City Hall ln the City of Aiiaheim on June 3D, 1~80, at 1:30 p.m,, notice of said public liearing having been duly given as required by laaf anci in accordance with the provisions of the Anaheim Flunicipal Code, Chapter 18.(13, to hear and consider evidence for and against said proposed conditional use perm?t and to investigate and mal<e findings and recommendations in connection therei~iith; and l•!HE!tEAS, said Commission, after clue inspection, investigation and study made by itself and in its bc.half, and after due consideration of all eviderice anct reports offered at said hearing, docs find and determine the folloraing facts: 1. That the proposed use is properly one for ~•rhich a conditional use permit is authorized hy Anaheim ;•lunicipal Code Section 11~.n3,n?0,~10 Yo ~•~it: to 1'Ct~l^ ~ff ~`!}07'~ 1!7 th° PC_7~n~ ~~e51f~^f?1"1~~, Sir.g!r_-fa~?]y\ 7n~n ~.rjtl• ~~.ntver ^f' SECTIOP! 1c3.07_.0;2.01? - Minimum setbacl< for a 6ird coop. and 1,,.2~.!~30.~~0 50 fee: required rom a neighbering residence and 7_0 feet required fron the property line; 19 feet and 1 foot existing) 2. That the proposed use is herehy granted to allo~•~ a naximum of 300 birds in portable aviary structures for a period of t~•~o (2) years, subject to revievr for possible extensions of time to deternine ~rhether or no; the use has had a detrimental impact on the surrounding area and residences. ?. That the proposed use will not adversely affect tfie adjoining land uses and the growth and development of the area in which it is proposed to be located. ~!. That the size and shape of the site proposed for the use is adequate to allo~•r the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general ~•relfare of the Citizens of the City of Analieim. 5. That the grantinn of the Conditional Use Pernit under the conditions imposed, if any, w;ll not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Flnaheim, PCBO-107 6, That tiie traffic generated by the proposed use ~iill not impose an undue burden u~on the streets and higha~ays desiyned and im~rove~i to carry the traffic in the area. 7. That no one inclicated their presence at said public hearing in opposition; and that no correspondence was receiv~d in o~position to the subject petition. ENVIRONPIEIJTAL IHPACT FltlDI~JG; That the Anaheim City Plannino Commisslon has revieared the oroposal to retain an aviary in the RS-7200 (Resldential, Single-Family) Zone 4rith a~.~aiver of required setback for a bird coop on a rectangul~rly-shaped parcel of land consisting of approximately 720~ square feet, having a frontage of approxfmately 50 feet on the vrest side of Sylvan Street, having a maximum depth of approxinately 120 feet and beinq located approximately 9f1 feet nortli of the Centerline of Oneida Avenue; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental Smpact due to the appruval of this IJegative Declaration since the hnaheim General Plan designates the subject property for lo~•!-density land uses cor~mensurate o-~ith the prop~sal; that no sensitive environmental impacts are involved in the propnsal; that the Initial Study submitted by the petitioner indicates no signif(cant individual or cumulative adverse environmental impacts; and that T.he Negative Declaration substantiating the foregoing findingc is on file in the City of Anaheim Plannina Department. NObI, THER[FOR[, BE IT RESOLVED that the Anaheim City Planntnq Commission does hereby grant subject Petition for Conditional Use Permit, upon thn folloo-~ing conditions s~~hich are hereby found to be a necessary prere.quisite to the proposed use of the subject pronerty in order to preserve the safety and general i•~elfare of the Citizens of the City of Analietm: 1. That subject oroperty shal! be developed substantially in accordance with plans and specifications on file a~ith the City of Anahefn marked Ex~,ibit No. 1. 2. That the existing bird coop shall be brought up to the minir~um standards of the City of Anaheim, including any appifcable Codes as adooted by the City of Anaheim, 3. That Condition Nos. 1 and 2, ahove-mentionecl, shall be corrplied with prior to `inal building and zoning inspections. BF. IT FURTHER RE.SOLVED that the Ananeiin City Plann(ng Commisston dees hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance rlith each and all of the conditions hereinabove set forth. Shouid any such condition, or any part ther<of, be cfeclared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then th(s Resolution, and any approvals herein contained, shall be deemed nuli and void. THF f'OREG~ItI; RESOLUTIOII is sigred and approved hy me this 3~th day of June, 1y2n, _~.~~ I~ ~~-- ATTEST: ~ ChIAIR1•lOMAq, A~JAHEI,M ITY PLAWNING CQ~4MISSIOPI ~7 ~ .~° 3€'Z~~ , i.iM `T~Y'pTaNri ~ic conr~issior~ _z_ pc8o-to7 STAT[ OF CAL i FORPJ IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution r~as passed and adopted at a meeting of the Anaheim City Planning Commission held on June ;0, 19~R, bY the foliowing vote of the members thereof: AYES: COMFtISSIO~JERS: 6ARNES, BUSHOf;E, FRY, HERf,ST, KIN6, iOLAR IJOES: f,OMMiSSIO~~ERS: N0~lE A3SEtdT: COMI•11SSIONERS: NO~IE VACANCY: 01lE SEAT IN WIT~dE55 LJH[REOF, I have hereunto set my hand this 30th day of June, 19$R, ' ~,o ~ ~ SECR[TARY, AtJAHE I!1 C I TY PLAPlPI I NG COM~! I SS I OM -3._ Pc8n-7o7