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Resolution-PC 97-163~ ~ RESOLUTION NO PC97-'163 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONA.L USE PERMiT NO. 397G BE GRANTED, IN PART WI-IEREAS, thc Anahcim City Planning Commission did receivc a vcrificd Pcliiion [o~ ~onditional Use Pcrmit for certain rcal properry situated in thc City of Anahcim, Counry of Orange, State ef California, described as: LOT 27 OF TRACT NO. 3321, 1N THE CITY OF ANAHEIM, AS PER MISCELLANEOUSD MAPS~ION TH E~OFFICE OFS THE~C UNTY RECORDER OF SAID COUN7Y• WHEREAS, thc City Planning Commission did hold a public hcaring at ttic Civic Ccntcr in the Ciry of Anahcim on Novcmbcr l0, 1997 at 1:30 p.m., noticc of said public hcaring having b: sn du1Y t~.rvcu ~ as rcquircd by law and in accordancc with thc provisions of thc Anaheim Municipal Code, Chaptc~ i8.U3. ta hcar and cons~der evidcnce for and against said proposed conditional usc pcrmit and to inw_sr.~tc and m zle findin~.s and recommcndations in conncction thcrcwith; and , WHEREAS, said Commission, after duc inspcetinn, invcstigalion and sWdy ms~dc by ilsclt and in its bchalf, and aftcr due considcration of all cvidence and reports offcrcd at said hcaring, docs ~ind ~nd cictcrmine thc foilowing facts: 1, That thc proposcd usc is propcrly one for which a conJitional usc pcrmit is authorizcd by , Anaheim htunicipal Codc Scction 18.26.050.010 to pcrmit a board ui~d carc facilily for up to ?.0 pcoplc in an . cxisting 2,400 sq. R. single tamily dwclling wilh waivcr of thc tollowing: ,~,etions 18 ~ OSQ,02G - Minimum numbcr of o~rki~~ Snaccs. ~ ~ (~ rcquircd; 4 proposed) ~nd l8 2Ci OC~ 0~ 2. That thc ~sc is hcrcby approvcd for a-naximum o[ eight (8) pcoplc; 3, That thc parking waivcr, undcr thc conditions imposcd, will not causc fcwcr o(f-strcct parking spaces to be providcd for such use lhar. the number of such spaces necessary to accommoclatc all vehiclcs attributabie to such use undcr the normal and reasonably [oresccable conditians of opcration o[ such usc; 4. That lhc waivcr, undcr the conditions imposcd, will not incrcasc thc dcmand a~d compctition for parking spaccs upon thc public strects in thc immcdiatc vicinity of the proposeJ usc; $, That thc waivcr, undcr thc cunditions imposcd, will not incrcasc thc dcmand and compclition for parking spaces upon adjaccnt privatc propcrty in thc immcdiatc vicinity of thc proposcd usc (which propcrry is not cxpressly providcd as p:trking for such usc undcr an agrcemcnt in compliancc with Scction 18.06.0]0.0?A o[ this Codc); G. That thc waivcr, unJcr thc condilioas imposcd, will not :ncrcasc traffic congcstion within thc ofi-strcct parking arcas or lots provictcd for such usc; 7, That the waieer, unJer the conditions imposed, will not impedc vchicular ingress to or egress trom adjaccnt propertics upon thc public strccts in thc immediate viciniry ot the pr~p~scd usc; 1 PC'')7-SG3 CR3105PL.WP ~ ~ g, That the proposcd use is propcrly onc for which a cc>nditional use permit is author~zed by the Zoning Co1e; 9, That the proposcd use, as ganted, will not advcrscly a(fcct the adjoining land uses and the gowth and dcvelopmcnt of the area in which it is propos~.d to be located; 10. That the size and shape af the sitc for the proposed use, as grantcd, is adcquate to allow the full ~levelopment o[ t.he proposed use in a manncr not dctrimcntal to thc particular area nor to lhc pcace, healtb; sa[cty, and gcneral welfarc; 11. That the traffic gcncratcd by thc proposcd use, as grantcd, will not imposc an undue burdcn upon thc strcets and highways dcsigncd and improvcd to carry lhc tra[fic in thc arca; 12. That thc granting o[ thc conditional usc permit, undcr the conditions imposcd, will not be dctrimental to thc pcacc, health, sa[cty and gencral wclfare o[ thc citizcns of thc City o[ Anahcim; and 13. That 4 pcople spokcd in favor and approximatcyy 15 people indicatcd their prescnce at sa-d public hcaring in opposition; and that n~ correspondencc was rcccivcd in opposition to thc subjcct pctition. ALIFORNIA ENVIRONMENTAL QlJAL1TY ACT FINDING: That thc Anahcim City Planning Commission has re~~ewcd thc proposal to pcrmit a board and carc facd~ry for up to 10 pcople in an cxisting 2,400 sq. ft. singlc family dwelling with wai~~cr ot minimum numbcr of parking spaccs on a 0.2G•acrc property having a frontagc o[ 80 fcet on thc north side of Chalct Avcnuc, a maximum depth of 145 feet and bcing located 3G0 fcct cast ot the ccntcrlinc of Nutwood Strcct (18G1 West Chalct Avenuc); and docs hcrcby approvc thc Ncgative Dcclaration upon Gnding that thc dcclaration rcilcets thc indcpcndcnt judgcmcnt of thc lcad agenry and lhat it has considered thc Ncgative Dcclaration togcthcr with any u~nmcnts rcceivcd during thc public review proccss and further finding on thc basis o[ thc initial study and any a~mments receeved that thcre is no substanlial cvidcncc that the project will have a signiGcant e[fcct on thc cnvironmcnt. NOW, THEREFORE, BE 1T RESOLVED that thc Anahcim City Planning Commission docs r,ercby grant subjcct Pctition for rc cn u,istc tolthe {~roposcdnusc o[ he subjcct~pr pcr~tyCin ordcr to pros rvc hcrcby found to bc a ncccssary p q the safety and gcncral wclfarc o[ thc Citizcns of thc Ciry of Anahcim: 1. That thc propcrry owncr shall obtain a builJing pcrmit for lhc occupancy changc. 2. That plans shall be submitted to the Ciry Tra[fic and Tr•rnsportat:on Managcr [or rcvicw and approval showing conformancc with the currcnt vcrsions of En~inccring Standard Plan Nos. 43G, GOl and G02 pcrtaining to parking standarcis and drivcway loc:itions. Subjcct propcrty shall thcrcupon bc dcvclopcd and maintaincd in conformancc with :aid plans. 3, That subjcct osc pcrmit shall cxpirc onc (1) ycar from thc datc of this resolution, on Novcmbcr 10, 1998. 4. That thc maximum numbcr o[ residcnls shall bc cight (S). $, 7his condi~ion was delered a~ the No~~ember IU, 19I7 Pla~~ninX Canmission pu6lic liecring• G. That prior to commcnccmc~olution which`c:vcr ccurs fi st Cond tionuNos. 1, 2 and 7, hcrcin mcnticmed, ycar from thc datc of this res , shall bc complicd with. Extcnsions for (urthcr timc to complctc said conditions may bc grant~.J in accordancc with Section 18.03.093 ot thc Anahcim Municipal Coclc. P(,'~17-1G3 -2- ~ ~ 'J. Thamitt d,eto hc Ciry ofaAnaheamVbythe pcbtioner'ar~dnwhi hrplans ct on'Gle wih thCPlan.~-ing ~ub r~~~az~ment markcd Exhibits Nos. 1 and 2, and as conditioncd hcrcin. g, '~?F.:t;~pproval of this application constitutcs approval o[ thc proposed requcst on1Y to the extcnt that it ct,rtiF(ies with the Anaheis no ~include ~nact~'~on odefind ngs as to compl-ance o a'PProval of lhe~equest cegc;lauons. Approval dce ~ scgarding any othcr applicable ordinancc, rcgulation or rcquirc m c u t. BE IT EURTHER RFSOLVED that thc Anahcim City Planning Commission dces hcrcby find and det` ~l~heihconda ons hcrci abovessctt[orth. c Shuuld anyasuch ~cond tion,~or~any parepther ot,~be '' cach and el ~~declarcd iavalid or uncnforccablc by the 6nal judgment ot any court ot compctcnt jurisdiction, thcn th~s Resolution, and any approvals hcrein containcd, shall bc dccmcd null and void. TH~ FOREGOING RFSOLUTION was adoptcd at thc Planning Commission mccting of Novcmbcr 10, 1997. - --~ - ~ _ ~ / .t~- CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION ATTEST: , SECRETAR'Y, AHE[M CITI' PLANNING CONiMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Sccrctary ot thc Anahcim City Planning Commission, do hcrcby ccrtify that thc [orcgoing resolution was PasscJ and adopted at a mceting of thc Anahcim C::~ Planning Commission hcld on Novcmbcr 10, 1997, by thc following votc o[ thc mcmbcrs thcrcoL• AYES: COMMISSIONERS: 80STWICK, BOYDSTUN, BRiSTOL, HENNINGER, NAPOLES NOES: COMMISSIONERS: PF~~ ABSENT: COMMISSIONERS: MAYER L ~~~~~,~ ~ da of i~~~J~~~'-' 1997. IN WITNESS WHEREOF,1 havc hcrcunto sct my hanJ this Y 1 . C,~~~+.t~ SECRETAR , NAHEIM CITY PLANNING COMMISSION PC'~~7-1G3 -3-