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PC 82-45RESOLUTIOrr ~o, c~r,IIz-45 A R~SOLUT 10!J OF T4E A~IAHE I M C 1 TY PLA"!^i I t!G C(1N~41 SS 10~1 TNAT PETITIO!d FOR CO~JDITIOWAL U~E PERMIT N0. ?311 E3E GRA'IT[0 WHEREAS, the Anaheim City Planning Commission dici receive a verified Petition for Conditional Use Permit from A!lA4EIM UtiION NIGH SCIIOOL ~ISTRICT, 501 Crescent Way, Anaheim, California, ~2303, o~•mer, and PAC=SETTER HOMES, INC., ATTE!~TI01~: ART NCCAUL, 454o Campus Drive, Neo-~por[ Beach, Cal ifornia 92660, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE W'cSTERLY 5G2.~9 FEET, MORE OR Lr"_SS, OF VIPlEYARD L~T F-Fi, AS SNO:Jt! ON A P1AP OF THE Ll1P~D5 OF A"lAHE111~ MADE BY GEOR~E HA!JSEN AND LITNOGRAPNED l3Y KUCMEL A'ID DRESSELL, A COPY OF WHICH MAP IS ANrJEX~D Ta A CERTAItJ DEED EXECUTED 9Y TIIE LOS A~dr,ELES VIrIEYARD SOCIETY TO TNE A11Al~EI!1 WATEP COMPA~JY A"ID RECORDED I!1 300K 4, PAGE u24 A"~D FOLLOWING, OF D[EDS OF LOS At~GELES COU'lTY, CALIFORNIA. EXCEPTItJG TNEREFROM TilE SOUTIIERLY REC7AI~GULAR 10 FEET TNEREOF, AS GRAt~iED TO TI'E CITY OF AMANEIM BY D[ED RECORDED SEPTEt4BER 14, 1937 I~~ BOOY. 914, PAGE 3ui, OFFICtAL RECORDS~ FOR THE WiDEtIING OF WEST SAr7TA AtJA STREET. ALSO EXCEPTING TNEREFROtf THE NORTHERLY 21,75 FEFT NOIJ INCLUDED WITHIW BROADWAY STP,EET. WHEREAS~ the City Planning Cortmissian did hold a pub)Ic h~aring at the ~ity Fla11 Fn [1~e Cit-y of Anaheim on March 22, 1932~ at 1:3~ p.m.~ notice of said public hearing having been duly given as required by la~a anri in accordance with the provisions of the Anaheim Muntcipal Code, Chapter 13.03. to hear and consider evidence for and against said proposed condttional use permit and to investtgate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigatic~ and study made by itself and in its behalf, and after c!ue consideration of ali evldence and reports offered at said heartng~ does find and determine the following facts: 1. That the proposed use is proper)y one for which a conditional use permit la a4tlot,Z1696unitacondominiumPsubdivisionctvith build3ngnheigh~ts in excess of 35 feet and with ~aaivers of the following; (a) SECT10~~ 18.31.Ob1.012 - Minimum lot area er d~•~ellinq unit. 3000 sq, t. required; Z 72 sq, t. proposed) (b) SECTI0;1 13.31.JG3.~2G - Rc~cuired improvement of setback arP3s. Landscapinq required tn set back areas; arkin in ~etbacl;s propose~i) ~• That the requested waiver (a) is h~rehy granted on the basis that denial would deprivc subject property of a privilege en.joyed hy other property in the same zoning classification. O PC32-45 -~ ~-., 3. That the requested waiver (b) is hereby grante~l on the basis tliat the minimum landscaped setbacl< shall be eight (8)feet ~~ide and tliat all parking areas shall be densely landscaped witii mature trees and shrubs to adequately screen the parking from ad_jacent streets and residential areas. 4. That the proposed use will not adversely affect the adJoining land uses and the growth and development of the area in which it is pro~osed to be located. 5. That the size and shape of the site proposed for the use is adequate to ailow tlie full development 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. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, wi11 not be detrimental to the peace, he~lth, safety and general welfare of the Citizens of the City of AnaPieim. 7. That tlie traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. £3. That 3 persons indicated their presence at saii public hearing in opposition; and t5at no correspondence ~aas received in opposition to the subject petition. Et~VIROP~MENTAL It1PACT FINDIDIG: [nvi ronm:~ntal Impact Report No. 21f9 was previously certified by the City Council on ~larch 16, 1g82, in conjunction with General Plan Amendment ldo. 163. fJOIJ, THEREFORE, BE IT RESOLVED tfiat the An~heim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the foilowing conditions which are hereby found to be a necessary prerequisite to the proposed usa of the subject property in order to preserve the safety and general weifare of the Citizens of the City of Anaheim: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification IJo, f31-32-16, rto~~r pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on fiie with The City of l~naheim marked Exhibit Nos. 1 through 13, BE IT FURTHER RE50LVED that the Anaheim City Planning Commisston does hereby find and determine that the adoption of this ~esolution is expressly predicated uoon applicant's compliance witli each and a)i of the conditions hereinabove set forth. Should any 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 deemed null and void. -2- Pc82-45 . ... . .. .. . ~~ :: I~wr.smw'+1+, t~ix.-s:,;;.,.,..w....._ _. ...... .. . . _ . . . .. . . . . _ . .. . . . . .. .. .. . . ~ . . . . . .. . . . ... . . . ....,.>, cc~w~ ~ ~^, THE FOREGOIPlG RESOLUTIO~~ is signed and approved by me this 2?_nd day of 1larch 1982. ~ ~'~'~2c' -O~i~/ - ~ )~i._-,~ ~% ~ CHA'I RFi'AfJ PRO TEt9PORE A~JAHE I M C I TY PLAhIM I MG COh11dI SS I 0N ATTEST: ~~ ~ ~~` SECRETARY, A1dAHE IM C ITY PLANP~ I NG COMt•11 SS I OM STATE OF CAL I FORPI I A ) COUNTY OF ORANGE ) ss. C ITY OF AtdAHE If4 ) i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do liereby certify that the foregoing resolution ~,~as passed and adopted at a meettng of the Anaheim City Planning Commission held on Ptarcli 22, 1932, at 1:30 p.m., by the following vote of the members thereof: AYES: C011MISSIOPJERS: BARtJES, t30UAS, FRY, FIERBST, Killf~ MC BURCdEY NOES: COMMISSIQNERS: N01•lE ABSENT: COPIMISSIOVERS: BUSHORE I~! 1•lITfJESS WHEREOF, I have hereun:o set my hand this 22nd day of March, 1982. ~d~.~(. ~ ~ SECRETARY, ANAtIE I M C I TY PLANFJ I P~G COh1P11 SS I ON -3' Pc82-45