PC 79-71RESOLUTION N0. PL79-71
A RESOLUTION OF THE A~IAHEIM CITM PLANNINf COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1967. BE GRANTED
WHEREAS, the Anahelm Ciiy Planning Cammission dId recelve a verifled
Petitlon for Condittonal Use Permlt from DOYLE H~LL~ P. 0. 8ox 3045, Anaheim~
California 92803, owner, and DAVID 5. Vti4 FLEET, 15~5 West Broadway~ Anahefm,
California 92802, agent, of certain real property situa[ed in the City of Anaheim,
County of Orange, State of Lalifornia, descrlbed as:
The Southerly 350.00 feet of the Southwest quarter of 2he
Northeast quarter of the Northwest quartcr of Section tE, Township
4 South. Range 10 uest~ in the Rancho San Juan CaJon de Santa Ana~
in the City of Anaheim, as per map thereof recorded in Book 51,
Page 10, Mis;:ellaneous Maps, records of sald Orange Lounty.
Excepting [herefran the Northerly 155 feet thereof; Also excepting
therefrom the Westerly 170 feet thereof; Also excepting the East
half of the remainder of said land.
1MEREAS, [he City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on Aprii o 1~7?, a[ 1:30 P.m., rtotlce of said public
hearin9 having been duly given as required by law and in accordance with [he
provtsions of thc Anahelm Municipal Code, Lhapter 1R.n3, to hear and consider
evidence for and against satd proposed conditional use and ta investigate and make
findings and recommendations in connection [herewith; and
WHEREAS~ sald Commission. after due inspection, investigatlon and study made
by itself and in its behalf, and after due consideration of all r_vidence and reports
offered at said hearing, does flnd and determtne the following facts:
1, That the proposed usn Is properly one for r~htch a condlLlonal use
permit is authorized by Anaheim Municipal Code Sectton 13.Q3.030.010 to wit: to
permit the retail sales of sheet music in the ML (Industrlal. Limtted) Zone.
2. That the proposed use w(11 not adversely affect the adJoining land uses
and the growth and development of the area fn which It Ts proposed to be located.
3. That the size and shape af the site proposed for the use is adequate to
allow the full development of the proposed use tn a manner not detrtmenta) to the
partlcular area nor to the peace~ health, safety. and genera! v+elfare of the Citizens
of ihc Cicy of Anaheim,
4. That the granti~g of the Conditional Use Perm(t under the condittons
imposed. tf any. will not be detrlmental to the peace. health, safety and general
welfare of the C(tizens of the City of Anaheim.
5. Thet no one Indfcated thelr Nresence at said public hearing in
opposftlon; and that no correspondence was recelved In opposTtion to the subJect
petitlon.
PC79-71
ENVIRONMENTAI IMPALT fINDING: That the Anahetm Ctty Planning Lommission has
reviewed the proposal to perm t the retail sales of sheet music in thc M~(Industrial,
Limited) Zonc on a rectangularly-shaped parcel of land consisting of approxlmately
0.8 acrc, having a frontage of approxlmately 244 feet on the north side of Broadway,
having a maximum depth of approximately 150 feet, and betng located approximately 170
feet east of the centerline of Loara Street; and does hereby approve the Negative
Declaration from the requirement to prepare an environmental impac[ report on the
basis that there would be no s(gnificant 9ndividual ar cumulative adverse
environmental impact due to the approval of [his '~egat'sve Declaratlon since the
Anahelm General Plan designates the subJect property for general industrial land uses
commensurate wi[h the proposal; that no sensitive environmental impacts are involved
In the proposal; that the Initial Study submitted by the petitioner indicates no
signiffcant individual or cumulative adverse environme~tal impacts; and that the
Negatfve Deciaration substantiating the foregoing findings is on file In the City of
Anahelm Pla~ning Department.
NOW, TNEREfORE, BE IT RESOLVED thac the Anahelm Lfty Planning Ccxnmission
does hereby gran[ subject Petitfon for Conditional Use Permit, upon the followfng
condittons which are hereby found to be a necessary prerequis(t~ to the proposed use
of the subjec[ property in order to preserve the safety and general weifare of the
Citizens of the City of Anaheim:
i. That the owner(s) of subject property shall pay the difference between
the industrial and commercial traffic signal assessment fees (Ordinance Ho. 3896) for
the 2,562 square foot retail sales area sho~m on [hc approved exhibits.in an amount
as determined by the City Council, wlthin a perlod of thirty (3R) days from the date
hereof.
2. That [he proposed retail sales facility shall comply with all signing
requirements of the ML (Industrial, Limited) Zone.
3. That subject propercy shall be developed substanclally in accordance
wiLh plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2.
B~ IT FU~iTHER RESOLIEQ that the Rnaheim City Piannin9 Garmission does hereby
find anJ de[ermin~ that adoption of this Resolution is expressly predicated upon
applicane's conpliance with each and all of the conditions hereinabove set forth.
Should any such condition. or any part thereof, oe declared invaiid or unenforceable
by the final Judgment of any court of canpetent Jurisdiction, then this Resolution,
and any approvals herein contained. shall be deemed null and void.
THE FOREGQItlG RESOLUTION is signed and approved y me this 4th day of April,
1479.
CH N~ A M CI LANNING COMMI ION
ATTEST:
-~~ ~° ~~
SECRETARY~ ANAHEIM CITY PI.ANIJING COMhI5510N
-2- PC79-71
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY 0~ ANAHEIN )
I~ Edith L. Harrts, Secretary of the Anaheim City Ptanning Commission. do
hereby certify that the foregoing resolutlon was oassed and adopted at a meeting of
the Anahcim City Planning Ccmmisston held on April ?~ t979, by the following vote of
the members thereof:
AYES: LOMMISSIGNERS: BUSHORE. DAVID, HERBST~ JOHNSON, Y.IdG
NOES: CONMISSIONERS: NONE
ABSENT: LOMM:SSIONERS: BARNES~ TOLAR
IN WITNESS WHEREOf, I have hercunto set my hand thi~ °:h day of April, 1979.
.! /{F.~it~t...~
SE RE .. , ANAHEIM CITY ~LANNING COMMISSION
-3- PC79-7t