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PC 80-160RESOLUTION td0, PC8~-160 A RESOLUTION OF THE ANAHEIM CITY PLAFJNIMG COMMISSION THAT PETITION FpR CONDITIONAL USE PERMIT N0. 210II EE GP,At,ITED, I"I PART WHEREAS, the Anaheim City Planninn Commission di~l receive a verified Petition for Conditional Use Permit from ERIC NASH AtdD HEIDI E. P1ASH, 1R55 South Harbor Boulevard, Anaheim, California, °28n2, o~aners pf certain real oroperty situated in the City of Anaheim, County of Orange, State of Californla, described as: Lot 104 of Tract ^lo, t453, in the City of Anaheim, as per Map recoraed in Book 42, Pages 1+1 and 42 of tliscellaneous Maps~ records in the office of the County Recorder of said County. tJHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 22, 1~80, at 1:3~ p.m., notice of said public hearing having been duly gtven ~s required by law a~d in accordance with the provisions of the Anaheim Municipal Code, Chapter 19.~3, to hear and constder evidence for and against said proposed conditional use permit and to investiaate and make findings and recommendations in connection therewith; and WHEREAS, said Commission~ after due inspection, investigation and study made by itself and in its behalf~ and after due consideration of all evidence and reports offered at said hearing, does find and determine the follov~ing facts: 1. That the proposed use is properly one for ~ahich a conditional use permtt is authorized hy Anaheim Municipal Code Section 18.1~1r.(?5~.14c1 to wit: to permit the commercial use of a residential structure with waiver of: SECTION 18.06.060 - Minimum numher of parking spaces. 2. That the requested waiver ts hereby denied on the basis that th~: petitione~ submitteJ additional inforrt~~*ion subseque~t to advertisement of the watver and thereby eliminated the need for the parkino waiver. 3. That the proposed use, as granted, ~•iili 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 shape of the site prooosed for the use, as granted~ ts adequate to allow the full development of the proposed usr_ 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. $, That the granting of the Conditional llse Permit under the conditions imposed, if any, will not be detrimental to the peace, health, saretv an~1 general welfare of the Citizens of the C?ty of Anaheim. PC80-160 6. That the traffic generated by the proposed use o~ill not impose an undue burden upc~ the streets and high~•~ays designed and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and seven (7) letters were recefved in support of suhject petitton; and that no correspondence was received in opposition to the suhject petition. ENVIRO~~MEtJTAL IHPP~CT FINDING: That the Anaheim City Planntnq Commission has reviet~ed the proposal to reclassffy subject property from the RS-72~0 (Residential, Single-Family) Zone to tf•~e CL (CommercTal, Lirtiited) Zone to permit commercial use of residential structure ~.yith ~•~aiver of mtnimum ~umber of par~ing spaces on a rectanguiariy-shaped parcel of land consisting of approximately 5F~~ square feet, having a frontage of approximately 5~ feet on the wes: side of Harbor Boulevard, having a maximum depth of approximately 1~0 feet and beinq located approximately 400 feet north of the centerline of South Street; and does hereby approve tha Plegative Declaration from the requireme~t to prepare an environmental impact report on the basts Lhat there would be no signifTcant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for cor~mercial, professional lan~1 uses commensurate with the proposal; that no sensitivA Pnvironmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Plegative Declaration substantiating the foreg~ing findings is on file in the City of Anaheim Planning Department. N04:, THEREFORE, 8E IT RFSOLVED that the Anahetm City Planning Commission does hereby grant, in part, subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequlsite to the proposed use of the suhject property in order to preserve the safety and qeneral weifare of the Citizens of the City of Anaheim: 1. That thi; Conditional Use Permit is granted suhject to the completion of Reciassification Plo. 80-81-11, now pendina. 2, That subject property shall he developed substantially in accordance with plans and specifications on file wich the City of Anaheim marked Exhi6it Nos. 1 through 3. BE IT FURTHER RESOLVED that the Anaheim City Planning Commisston does hereby find and determine tliat adoption of this Resolution is expressly predicated upon appiicant's compliance with each and ali of the condTtions hereinabove set forth. Should any such condition, or any part thereof, be declare~ invali~ or unenforceabie by the final judgment of any court of compete~t jurisdiction, then this Resolution, and any approvals herein contained, shall he deemed ~ull and void. THE FOREGOIPIf; RESOLUTIOM is signed and approved by me this 22nd day of September, 1y8~. / ~ CHAI NAN, A~JAHEIM CITY PLAJNING COMMISSION ATTEST: ~ oC - . , . , , -?'" PC80-160 ~ _ . 1 ~1 STATE OF CALIFOF;NIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoiny resolution ~aas passed and adopted at a meeting of the Anaheim City Pianning Commission held on September 27., 1980, by the folloa~ing vote of the members thereof: ;; AYES: COMMISSIONERS: BARNES, BQUAS, BUSHORE. FRY, HERBST~ Y.INr,, TOLAR (i~ NOES: COMMiSSIOPIERS: P~OME a, ~ ABSEPIT: COMMISSIONERS: NQFJE IM WIT!JESS 4/HEREOF~ I have hereunto set my hand this 21nd day of September, 1970. ~d~-~ ~ ~ SEC4ETARY, ANAHEIPI CITY PLACJNING CnMMISSION -3- PC8n-160