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PC 81-79P.ESOLUTIOM N~. PC~31-7~ A RESOLUTION OF THE AHAHEIM CITY Pi_AtJNiFI~ CO~~!11SSIOM THAT PE7ITION FOR COP~D17f0~!AL USE PERMIT ~l0. 21?1 BE GP.IINTED, IIJ PART WNERFAS, the Anaheim City Pianni,~g Commission did receive a verified Petition for Conditional Use Permit frum .MA!IRICE PINT~, P, 0. Box 3421, Anaheim, California 92~03, owner, and JERoY QRUhIN, 123!? East Floa~er 5treet, Anaheim, California ~32805, agent, of cer*_ain real property situated in the City of Anahetm, County of Oranye, State of California, described as: PARCEL 1: That portion of Lot 27, Anaheim Extension as shoaan on a map of survey made by l/illiam Hamel in 13f3 and filed in the office of the County Recorder of Los .4nge!es County, California, described as follows: Beginning at a point in the center line of Vermont Avenue, distant thereon 152.f19 feet Pdortheasterlv from its intersectlon ti•~ith the center line of Palm Street; runnina thence Northeasterly along sald center line of Vermont Avenue, 3~(1 feet; thence Southeasterl~ parallel ~~ith the Easterly line cf the narcel of )and described in Certificate of Titie No. 7725, in the office of the Reqistrar of ~ard Titles of Qrange County, California, and the extensions of said 1ine, 257 feet; thence Southti•~esterly parallel with the center line of Vermont Avenue, 3!?~ feet; thence North~aesterly parallel ~•~ith the Easterly line of the parcel of land descrlbed in safd Certificate of Title No. 777.5, and the exte~sions of said line, 257 feet to the point of beqinninct. L1HFRr..;< rh~ ~it., Pi~ ..t .. r~..,..,~,._~, ~. _ , ~ , , , •~;~,'~ .~~~~~ -.~~~r~ ~.. ~c ~acuir ~ pu"i ic iiearing at Lne City Hali in the City of Anaheim cn Fehruary 9, 1981, at 1:3~ p.m., ~otice of sai~~ public hearin9 having been duly given as required by la~•~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter ifi,03, to heer and co~sider evidence for and against said proposed conditional use permtt and to investigate and make findings and recortxnendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of April 2~, iQ$1; and WfiEREAS, said Commission after due inspection, investigation and study made by itself ancf in its hehalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine tfi~ following facts: 1, Tha*_ the proposed use is properly one for i,~hich a conditloral use permit is authorized by 4naheim Municipal Code Section 1°.!{4,n5p.t4o to a~it: to permit commerciai use of a residential structure ~•iith ~•iaivers of the followinq: (a) SECTIO~i 12.44,p35.~3!~ - Permitted location of reryufred oarkinq. (b) SECTIOt! 13.4f~,~~G?,n~~ - t•taximi~m structural h?ignt. 3 feet permit±ed adjacPnt to R~-720~ Zoning; 12 eet existinq) PC81-79 (c) SECTIGN 13.44.0G3.04~ - Hinimum landsr_aPed sctbacE:. ~ 1~ eet required adjacent to RS-72~0 Zoning; ~et existing) (d) SECTI0~1 1&.4~+,066,032 - 1linimum o-~al) heiqht. 2. That the proposed use is hereby granted suhject to the petitfoner"s stipulation that the specific businesses shall be limited ro tne foilowinq, unless otherwise approved by the Planning Commission at a pubiic heartng: Antique Sfiop Flrt Gailery. Barber or Beauty Shop Bookstore Business Service Firms, Agencies, or OfficAs Conservatories or Studios Real Estate Office Travel Agency Hobby Shop Interior ~ecoratinc~ Jewelry Storc or Lapidary Shop Locksmith Reproduction Services ~ecretarial or Answerin~ Services 3. That the reyuested i,~aivers (b) and (c) are hereby granted on the basis that the building is existing and d~nial wouid deprive subject prooerty of privileqes 5eing enjoyed by other pronert(es in the samc zone and vtcinity, 4, That the rPquested ~.~aivers (a) and (d) are hereby denied on the basts that reviseo plans ~-rere submiCted deleting the need for said ~•raivers. 5. Ti~at the proposed use, as granted, a~ill not advPrsely affect the adjoining land uses and thz growtfi and development af the area in which it is propoted to bE located. 6. That the size and shape of the site proposed for the use, as granted, is adequate *_o allow the full development of the proposed use tn a manner not detrimental to thc particular area nor to the peace, health, safety, and general welfare of the Cittzens of the Ctty of Anaheim, 7. That the Conditional Use Permit, as granted, and urder the conditions fmposed, o~i11 not be detrimental to the peace, health, safAty and seneral welfare of the Citizens of the C1ty of Anaheim, ~. That the traffic r~enerated by the propused use wi)1 not impose an undue burden upon the streeYs and hiqhways designed and improved to carry tlie ~raffic in the area. 9. That 1; persons indicated their presence at said public hear(ng tn ooposition; and that a petition containing approximately ?.3 signat~.ires received in opposition to the suhject petition. -2- PC81-79 ENVIROpIMENTAL IMPACT FI~IDING: That the Anaheim City Planning Commfssion has reviewed the proposal to reclassify subject property fr~m the RS-7~nq (Residential, Single-Family) 7_one to the CL (Commercial, L~mited) Zone to permit commercial use of a restdential structure ~•~ith ~•~aivers of maximum structural height and minimum )andscaped setback on a rectangularly-shapeci parcel of land consisting of approximately 0,li acre, haviny a frontage of approximately 75 feet on the south side of Vermont Avenue, having a maximum clepth of approximately 27_4 feet and being located approximately 240 feet east of the centerline of Harbor Boulevard ( 4~6 ldest Vermont Avenue); and does hereby approve the t~legative Declaration from the requtrement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this P~egative Declaratlon since the Anaheim General Plan designates the subject property for lov~-ned(um density residential or general commercial land uses commensurate vriCh the proposai; that no sensitive environmental impacts are involved in the proposal; that the initial Study suhmitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantfating the foregoing findings is ~n file in the City of Anaheim Planning DeparCment. NO~d, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, sutjec~ PetiCiun for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and yeneral welfare of the Citizens of the Ctty of Anaheim: 1. That this Conditional Use Permit is granted siihject to *_he completton of Reclassificatton t~lo, ~'0-81-24, no~a pending, including recordati~n of a reciprocal parking and access easenent to Harbor Boulevard across the adjacent prooerty. 2. That all pro~osed c~mmercial iic~c ~ti,t~ ~.. ~tTe«,,., . .,__ ~_.• uniess otherwise approved hy the Planning Corrcnission at a public~hearing;~ ~11"1V'~ly, Antique 5hop Art Galiery Barber or E3eauty Sliop Bookstore Business Sr.rvice Firms, Agenr.ies or Offices Conservatories or Studios Real Estate G!~fice Travel Agency Hobby Shop interior Decoratfrg Jewelry Store or Lapidary Shop Locksmith Reproduction Services Secretarial or Ans~•~erina Services 3. That subject property shall be developed specifically in accordance with plans and specificatfons on file v~ith the City of Anaheim marked Revision No, 1 of Exhi7~~ Nos. 1 through 4. -'+. That Condition P~o. 1, ahove-mentioned, shall he comAl (ed WICFi prfc~r to th~ cemnencement of the activity authorized under thfs resolution, or prior to the -3- PC8t-i~ issuance of a huilding permit, or ti•~ithin a period of one year fran the date hereof, whichever occurs first, or such further time as the Planninu Commi,sion may grant. 5. That Condition PJo, 3, ahove-mentioned, shall l~e complied ~alth prior to final building and zoning inspections. DE IT FUP,THER RFSOLVED tliat the Ar~aheim City Planning Commission does hereby find and determine that adoptlon of this Resolution is exnressiy predicated upon applicant~s complfance ti.•ith each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be deciared invalid or unenforceable by the final judgment of any court of competent jurisdtction, then Chis Resolu*ion, and any approvals herein contained, shall be deemed null and void. THE FOREGOIPIG RESOLUTIO~J is signed and a~proved by me this 2~th day of Ap ril, 1981. ATTEST: r ~ ~ ~nn i~f'IHN ~ ANAHE I 11 C I TY PLA~lN I NG COMM I SS I ON SECRETARY ~~ v ~.~ ~~ , ANAHE IM C IT, PLAN~~ I,JG COFIhi( SS ION STATE OF CALIFORNIA } COUPJTY OF OP,ANGE ) ss, C I TY QF AFJ~HE I f1 ) ~, Edith L, Harris, Secretary of the Anaheim City Pianning Commisslon, do hereby ~ertify that the foregoing resolution aias passed and adopt~d at a meeting of the Ar~aheim City Planning Commission held ~~ ~~.t~ ~n ,~~. ine members thereof: ' "`~ -~+ ~~r ~~~e ioi iowing vote of AYES: COMMISSIOPlERS: BARNES, BOUAS, BUSHORF, FRY, KitJr,, TOLAR NOES: COMMISSI~JNERS: HERE3ST ABSENT: COFIMISSIONERS: NONE ~~d WITNESS 4JHEREOF, i have hereunto set my hand this 20th day af April, 19$1. ~~ ~ ~~ SECRET.4RY, ANAHEfM CITY PLANNING COMMlSSION _tE- PC81-7~