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1973-158 RESOLUTION NO. 73R-158 ~_. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1379. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Doug Browne, owner, to establish retail sales and repair of musical instruments and studio for music lessons on the following described property: Lot 3 of Tract 2300, in the City of Anaheim, as shown on a map thereof recorded in Book 68, Pages 35 and 36 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. Lot 4 of Tract No. 2300, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 68, Pages 35 and 36, Miscellaneous Maps, in the office of the County Recorder of said County. ,~~ AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City o~ Anaheim upon said application on M~r~h 14 , 19 7~ ,notices of \ which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim MUnicipal Code; and WHEREAS, said Commission, after due inspection, in- vestigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing did adopt its Resolution ~o. PC 73-54 Series , crrantinq Conditional Use Permit No. 1379 . , and -1- ,~, WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granti~ said conditional use permit and did thereupon fix the 24 day of A~ril , 19 ~3, as the time and the Council Chamber in the ity Hall of t e City of Anaheim as the place for a public hearing upon said conditional use permit, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim MUnicipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hear- ing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful conside- ration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim MUnicipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to"be located. 3. 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 particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, sa.fety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Com- mission ~ng said conditional use permit be, and the same is nereby sustai~ , and that Conditional Use Permit No.. 1379 be, ana-the same is hereby, granted permitting the establishment of a retail sales and repair of musical instruments and studios for music lessons on the afore- described property with waivers of the following Anaheim Municipal Code Requirements or Limitations: SECTION 18.40.070(2-a-S) - Minimum side setback from "R" Zone (10 feet required; 7 and 9 feet existing) ,~ SECTION l8.40.070(3-a) Maximum building height within 150 feet of an "RIi Zone (3 1/2 feet high permitted at 7 feet from "RII Zone; 10 1/2 feet high existing) -2- That said conditional use permit be granted subject to the follow- ing conditions: ,,-- 1. That this conditional use permit is granted subject to the completion of Reclassification No. 72-73-37, now pending. 2. That specific plans for any proposed development or remodeling on the property shall be submitted to the Planning Commission and City Council for approval prior to the introduction of an ordinance rezoning the property for commercial uses. 3. That prior to final building and zoning inspections, the petitioner shall provide adequate sound attenuation devices in the structure to eliminate a noise nuisance being created by the proposed musical activity. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns, to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of April, 1973. Af'~ST : ~ ~~ CIT -cLE~F" THE CITY OF ANAHEIM - -3- FAL : kw - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) ~ I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-lS8 was passed and adopted at a regular meeting of the City Council held on the 24th day of April , 19 73, by the following vote of the members thereof: --- AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNClil1.EN: None Ai~D I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 24th day of April , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of Apri~__, 19 73 . L7n-~ CITY CLERK OF THE CITY OF ANAHED4 (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-158 duly passed and adopted by the Anaheim City Council on April 24, 1973. f)--e-M~ City Clerk ~