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PC 85-202RESOLUTION N0. PC85-202 A RESOLUTION OF THE ANAHEIM CiTY PLANNING COMMISSTON THAT PETITION FOR CONDITLONAL USE PERMIT N0. 2714 6E GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Pecmit from PRTSCZLO PANGANIBAN AND PiLAR C. PANGANIBAN, 804 North Magnolia Avenue, Anaheim, California 9280i, owners, and DALTON JAMES, 6279 Checey Avenue, Long Beach, Ca.'..ifornia 90805, agent for certain :eai property situated in the City of Anaheim, Coun~y of Orange, State of Californi.a, described as: LOT 149 OF TRACT 27.18~ PER b1AP RECORGED iN BOOK 63, PAGES 36 TO 38 INCLUSIVE OF MiSCELLANEOUS MAPS IN THE OFFTCE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT AI,L OIL, GAS~ MLNERALS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTEi OF 500 FEET~ BUT WiTHOUT THE RIGHT OF SURFACE ENTRY~ AS RESERVED IN DEED RECORDED iN BOOK 27].4~ PAGE 257~ OFFICiAL RECORDS. WHEREAS, tlie City Planning Commission did hold a oublic hearing at the Civic Center in the City of Anaheim on September 4, 1985, at 1:30 p.m., notice of said pub.lic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter ].8.03, to hear and consider evidence tot and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, aftec due inspection, investigation and study made by itself and in its behalf, and after due consideration of al;. evidence and reports offe:ed at said hearing, does find and determine the followiny facts: 1. That the proposed use is properl.y one for which a condi~ional use yermit is ~14~27GL1ZL-CI bp dnahein Municipal. Cod~ Section 18.26.OSO.OtO to wit: to expand a board and care faci3.ity to a maximum of 12 developmentally disabled persons, and tc censtruct a second ctory additios~ in the RS-7200 (Residential, Single-ramily) Zone. 2. That the proposed use will not adversel.y affect the adjoining land uses and the growth and development of the area in which it is proposed to be locatPd. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particulat area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general. welfare of the Citizens of the City of Anaheim. 0608r :C85-202 r- 5. That the traffic generated by the propcsed use wi.ll not impose an undue burden upon the stceets and highways designed and impro~~ed to carry the traffic in the area. 6. That three persons indicated their presence at said pub).ic he.~ring in opposition; and that no correspondence wz: Leceived i.n opposition to the subject petition. ENVIRONDIENTAL iMPACT PINDING: That the Anaheim City P].an~~ing Commission has reviewed the propusal to expand a board and care facility for a maximum of 12 developmentally disabled persons, a~id construct a second story addition in the RS-7200 (Residential, 5ingle-Famil.y) Zone on a rectangu).arl.y- shaped parceJ, of iand consisting of appcoximately 6,004 square feet, having a f:ontage of approximately 60 feet on the east side of Magnolia Avenue, and further desceibed as 804 North Magnol.ia Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any commenL-s received during the publ.ic review process and further finding on the basis of khe initial study and any comments received that there is no substantial evidence that the project will have a siynificant eYfect on the environment. NOW, THEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition 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 welface of the Citizens o£ the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a Eee for street lighting alung blagnolia Avenue in an amuunt as determined by the City Council. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Magnolia Avenue in an amount as detetmined by the City Council.. 3. That pians shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uni.YOrm Building, Plumbing, Electr.ical, Housing, Mechanical and Fire Codes as adopted by the City of ~naheim. The appropriate permits shall be obtained for any necessar~~ work. 4. That subject property shal]. be developed substantially in accordance wiEh plans and specifications on fi7.e with the City of Anaheim marked Exhibit Nos. 1 through 3. 5. That prior to the commencement of the activity authorized under this resolution, or prior tu issuance of a buil.ding permit, or within a peciod oP one year from the date of this cesol.ution, whichever occucs first, Condition Nos. 1, 2 and 3, above-mentioned, sha]1 be complied with. Extensions for fuLther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipa]. Code. 6. That prior to final building and zoning inspections, Condition No. 4, above-mentioned, shaJ.l be complied with. -Z- PC85-202 ~,s~'.,~,w-.. _..... _. _ ' BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with eacn and all of the conditions hereinanove set forth. ShouZd any such conditions, or any part thereof, be declared invaZid or unenforceable by the final judgment of any court of competent jurisdiction, then this P.esolution, and any approva7.s herein contained, shall be deemed null and void. THE FOF,cGOING RESOLUTZON is signed and approved by me this 4th day of September, 1985. ~/~A.,.Cu~.c~ ,/~ ~ G'~~-u.c/ CHAiRWCMAN, ANAHEIM CiTY~PLANNIDIG COMMiSSION ATTE5T: `~,~. .~2~~,~.~ SECRETARt~ ANAHEIM CiiY PLANNTNG COMMISSZGN STATE OF CALIFCRNIA ) COUNTY OP ORAi~GE ) ss. CITY OF ANAHEII9 ) I, Bdith L. Harris, Secretary of the Anaheim City P~~nning Conunission, do heceby ceetit~ that L-}~e Eoregoing resolution was passeu and adopted at a meeting of the Anaheim City Planning Commission held on September 4, 19fi5, uy the followiny vote of the members thereof: AYES: COMtATSSIONERS: BOUAS, FRY, HERBST~ LA CLALRE, MC BURNEY~ MESSE NOES: COMMLSSIONERS: NONE ABSENT: COt9MISSIONERS: LAWICKI II4 WITNESS 47HEREOF, I have heceunto set my hand this 4th day of September, 1985. - !? ~G . ~/ l.~ SECRETARY~ ANAHEiM C'[TY PLANNiNG COMMSSSLON -3- PC85-202