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Resolution-PC 92-143r~ pFSrn_lrTION NA. PC92-143 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMb118S{ON THAT PETITION FOR CONDITIONAL U5E PERM{7 N0. 3560 BE GRANTED WHEREA~, the Anahelm City Plann!ng Commisslon did recoivR a verlfied Petitlon for Conditlonal Use Permit for certain real property situated in the Ciry of Anaheim, Counry of Orange, State of CaliFornia, described as: PARCEL 3 AS SHOW~i ON A MAP IN BOOK 45 PA~E 28 Or PAtiCEL MAPS. WHEREAS, the City Planning Commisslon did hold a public hoAring at the Civic Conter in the Cfty of Anahelm on December 2, 1992, at 1:30 p.m., notfce of safd public hearing having been duly gfven as required by faw and In aacordance with the provisluns of the Anaheim Munfcipal Code, Chapter 18.03, to hear and consider evidence for and agalnst sald proposed conditlonal use pormlt end to invest~gate and make tindings and recommendations in connectfon therewith; and WHEREAS, sald Commission, after d~ie inspectlon, investigatlon and study made by itself and in its behalf, and aftor due consfderation of all ev;dence and raparts offered at said hearinp, daes find and determine the following fPCts: 1, That the proposed use Is properly one tor which a conditfonal use permit !s authorized by Anahelm Municipal Code Section 18.84.052.050 to permft a satellite dish antenna and wafver af the fallowing ta construct a 171 sq.ft. toot additlan to a detached accedsory structuro: ,~g~tion '8.22.QB3.0~0 - in i ,(de vard g~back. (15 feet required; 5 fe6t tr~m east property 11ne proposed) 2, That thero are special circumstancea applicablo to the proporty Euch as sizo, shapo, topography, locatlon or surroundin~s, which do nat apply t~ other identically zo~~eci proparties In the vicinlty. 3. That strfct appllcatlon oi the Zoning Code deprives the praperty of prfvile~os enJoyed by other propertie~ under ldentical zon(ng clessltication In the vicinity. 4. That ground•mounted sutellite dish antennas are authorized by th9 approve{ af a conditional uso permh. 5. That the ground•mounted setellite dish wfll be screened from the vlew of adiacent propartles by existing topc~~raphy, e tennis court tence and ma4ure landscapinfl, 6. That the Froposed uso wlil not adversely aHect the adjolning land uses and tho ~rowth and developmont of t~e area in whfch it (s proposed to be locateu. 7. That the size anci shape of the site for the proposed ~se is adequate to allow the full developmont o( the proposed use in a manner n~t detrimentel to the particular area nor to the peace, health, safoty, ar-d flenArai wel(are. 8. That tho traHic generated by the proposed use will not fmpose an undue burden upon the streets snd highways dosi~ned ond Improved to ~arry ihe trflHic in the area. 9. That the granting oi the conditi~nal use pennit under the conditions imposed wfll not be detrimental to the peace, health, safety and general weltare oi the citfzens of the City of Anahefm. CRt 68~th9S.wp -1- pC92•t 43 10. That one Interoated person india~tecl his presonce at satd publ{c hearin~; and that one letter was rsceived rsgarding subJect petition. C~,ALIFQRNIA E~,I,yI.RONR~ENTAL, ~U~LITY AC7 FINQIl1Sa~ The Planning Qirector or his euthorized re~resantatlve has determined that 4he proposod praject falls withln the definition of Cfategorlcal Exemptlons. Class 3, as dofinod in the State EIR Guldelines and Is, ~nerefore, categorically exompt from the requlrement to preparo an EiR. NOW, THEREFOI~E, BE IT RESOWFD that the Anaheim Clty Planning Cammissian does hereby grant subJoct Petftion for Conditional Uso Permlt, upc+n the f~llowing conditlons which ara heroby found to bo a necessary prerAquisite to the propased use o( the subJect property In order to preseNe tho safety and genArai welfaro or the Citizens of the Ciry of Anahoim: 1. That subJect properry ahall be developod substantially in accordanae with plans and speciilcatlons submittAd to the City of Anahoim by the pc~4ltioner and whlch plans aro nn flle with tho Pl~nninp Department marked Exhibft Noa.1 and 2. 2. That prior to final bulid(ng and zoning inspectlons or withln a perlod of one (1) year from tl~e date of tliis rosolution, whichever occurs first, Condition N~. 1, above•mentioned, shall be aomplled with. 3. That approval af this applicatfon c~nstitutes approval oF thd propos~d requost only to the extant that it complie~ with the Anahelm Municipal Zoning Code and any uther appl(cable City, State and Federal reflulations. Approvt~l does not Includo any action or iindings as to complianco or approval of the reyuest regarding any other ttpplicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED ihat the Anahelm Gity Planni g Commisslon doos `~ereby flnd and determine that adoption of this Resolutlon Is ~xprossly predicated on applicant's cumpllance with ear,h and all oF the cunditions hereinabove set iorth. Should any such nditfon, or any pa~t thereuf, be declared invalld or unentorceablo by tha (inal Judgment of any court ot rr otent Jurisd tlon, then this Rosolutfon, and any approvals harein oontalned, shall be deemed null a v d. TI-IE FO(~EGOING RE30LUTION was ad t at t Pla ny CommissiQn meetinc~ of December 2, 1fl92. ~ CHAIRMAN. ANAHEI CITY PLANNI COM~IIISSlON ATTEST: ~~~: ~i :' _"'' '~ ~.i ~ ,. , L' l.~ ~ 9 r... ~ ,l~ ~CRETARY, /1NAHEIM CITY PLANNING COMMISSION ~ STATE QF CAL.IFQRNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAFiEIM ) I, Janet L Jensan, Sacratary of tFie Anaheim City Planning Commisslon, da hereby certify that the foregoing resolution was pasaed And adopted at a meeting of the Anahefm City f'Iannfng Gommission held on December 2, 1992, hy the fol~awing vote ot tho members thereof: AYES: COMNfiSSIONERS: BRISTOI., NOES: C041MIS310NERS: NONE ABSENY: COMMISSIONERS: NONE VACANCY: ONE SEAT HENNINGER, ~AE3SE, P~R/~ZA, TAIT, ZEMEL IN WITNESS WH~REUF, I havo hereunto set my hand thi3 ~~ day of ~;r.*,;,•~ ~~. , 1992, ' - " 7,. .,, ~, ., :a ;l ~ ~ •. ~i_, : ~._. : ~ ,',~` •" ~, , SbCRETARY, ANAHE~CITY PLANNING COMMISSION .~_ PC92-143