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1979-108RESOLUTION NO. 79R -108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1926 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from BILA FAMILY TRUST, owner; and FRANK A. AND RUTH BILA, agents, to permit an office use in a residential structure with waivers of location of parking spaces and maximum sign area on real prop- erty situated in the City of Anaheim, County of Orange, State of California, legally described as: Lot 5 of Tract 1428 as per map recorded in book 47 pages 8 -9 inclusive of miscellaneous maps in the office of the county recorder of said county; and ATTY -26 (Page 1 of 2 Pages) -1- WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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 No. PCC79 granting;, -in part Conditional Use Permit No. 1926 and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing 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 consider- ation 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 im- pose an undue burden upon the streets and highways 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, safety 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 Commission Eran,,ng said conditional use permit be, and the same is hereby, affirr -Pd and that Conditional Use Permit No. 1926 be, and the same is hereby, granted permitting an office use in a resi- dential structure with waivers of: ATTY -26 (Page 2 of 2 Pages) -2- SECTION 18.41.050.135 SECTION 18.41.050.137 subject to the following conditions: Location of parking spaces. (Parking spaces must be located to the rear of structure; two spaces lo- cated in front of structure) Maximum sign area. (8 square feet permitted; 48 sauare feet proposed) 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the center- line of the street, including 15 foot property line radius, along Lincoln Avenue for street widening purposes. 2. That the owner(s) of subject property shall pay the traffic signal assessment fee difference between residential and commercial use amounting to $180.00 per 1000 square feet or frac- tion thereof prior to the issuance of a building permit and as adopted by the City Council. 3. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adop- ted by the City of Anaheim. 4. That the owner(s) of the subject property shall provide and maintain a 15 foot wide landscaping strip adjacent and parallel to Lincoln Avenue. 5. That the existing driveway approach to Lincoln Avenue shall be removed and replaced with standard curb, gutter and side- walk in accordance with standard plans and specifications on file in the office of the City Engineer. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1. 7. That Condition Nos. 1 through 4, above mentioned, shall be complied with prior to the commencement of the activity author- ized under this resolution, or prior to the time that the building permit is issued, or within a period of ninety (90) days from date hereof, whichever occurs first, or such further time as the Plan- ning Commission may grant. 8. That Condition Nos. 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance permit for Food cause or failure of said owner(s), its heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the con- ditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim the 20th day of February, 1979. ATTEST: 4 11 i■Ae. _411 CLERK OF Th CITY OF ANAHEIM JLW:fm OF THE C OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -108 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of February, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Kott and Seymour NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Overholt and Roth ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -108 on the 20th day of February, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of February, 1979. SEAL) CITY LERK OF THE C OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -108 duly passed and adopted by the Anaheim City Council on February 20, 1979.