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PC 81-159RESULlIT10:1 ;l0. FC`;1-1~1 A RESOLUTIOt:' OF THL A~1F~HEIH CITY PL/1~1PliNG CO'1'!I5;10~! THF,T PETITIO!~ FUR CO!,D~1'10!!AL USF PFR!11? N0. ~Z;^ CE" Gr-Fl~iTF~ 4lHE°El~S, [he Anaheim City Planning f,ornr,~ission ~lid recelvr. a verified Petition for Conditional Use Pernit from R~GFP, C. STt)LL A'~n AN'i R, STULL, lu'J1 Penhail Way, Anaheim, California ?2dC~1, o~~mers, and JACt: P, PIOR?IS, iG~ South Centennial Way, Suite 3, Tustin, Carifornia ~2;,~~, anent, oP certain real pmperty situated in the City of Anaheim, County cf Orange, State of Caiifornia, described as: °arcel 2, in the City of Anaheim, Caur,ty ~f Oranqe, State of California, as sbo~;,n on a Parcei '1ap filed in boo~ 9:'l page 37 of Parcel Maps in the office of the Co~~nty Recorder of said County. WfIEREAS, the City Planning Corimisslor ~~io hold a puhlic hearinc~ at the Civic Center in the City of Anaheim on July 27, 1~31, at 1:3~ p,m,, notice of said Qublir_ ncaring h3vi~g I,een duly given as required by la~•~ and in accor~iance wi[h the provisions of ttie Anaheim Flunicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to ~nvestigate and make findings and recommenda±ions in connectior. therewith; and 6JliEREAS, said Commission, after due inspection, investigation and stud~ made by itself and in its behalf, and after due consideration of all evidence a~d repnrts offered at said hea~ing, does find and determine the fnilowina facts: 1. That the nrnr.~~~~ ~~~.. _~. ' "~ '• ~1' ~~~~ ~.,r wiiicii a conuitiona! use permir is authorized hy Anaheim 1lunicipalcCode^^Section 13,,'13.03^.~10 to ~ait: to permit a 7-lot, o-unit industrial condominium suhdivision a~ith waiw~r of: SECTIO~! 1~.01,130 - Re uired lot `ronta e. (All lots re ~ired to front on a ublic street; rivate street rontaqe proposed - 2. That the proposed use is hereby granted subject to the ~etitioner's stipulation that future potential buyers in this condominium subdivision shall t,e notified in writing of t`~e City of Anahelm !tunici~al Code requirements restricting retai) sa)es in industrial zones. 3. That the reauested ~~aiver is her~hy nranted on the hasis that dental would deprive sub~ect property of privileaes cnjoyed by other nroperties in the s~me zonc and v(cinity. ~~. That the proposed use i~iil not adversely affcct c~e adjoininq land uses and the gra-~th and drve'opn,~nt of the area in t•rhich it i~ nrnnosed to 5e locate~. >. That the size and shape of the site ~ronoscd for the use is adequate to allow the full d~v~lopment of tne proposed use in a n~nner n~T detrimental to thc PC81-159 particular arr~a nor Co tne neace, i~ealth, sa~ety, ard ~~c,neral ~~~lfare of the Citizens of thc City of Anaheim. o, That the 9ranting of the Conditional Use Pernit under the conditions imposed, if any, ~~ill not he detrim~ntal to t~c ncar_c, health, safety and 9ene.ral welfare of the Citizens of tlie City of Anaheir~. j. That the tra`fic yencrated by the proposed use ~ill not imoase an u~due burder upon the streets and higlr:rays designed and irproved to carrv the traffic in the area. L', That no one indicated their presence at said oublic heari~g in opposition; and that no correspondence a~as r~ceived in opposition to the subject petition. EtlVIR~iIMENTAL !"1PACT FItdDItIG: That the Anaheim C.ity Planning f,ommtssion has revievred the proposal to p~~rrti*. a 7-lot, ~-unit industrial cnndominium subdivision with vraiver of ~~quired lot fronta~e an a rectangularly-shaped parcei of land consistin9 of approximately 2.5G acres, having a frcn[age or aoproximately 40!' feet on the south side of Penhall 41ay and being located approximately -'+32 feet east of t`~e centeriine eT Crrscent 4lay (iiiG West Penlia~l t:ay); and docs hcrchy apprev~ the Neyative Declaration fron the requirement to nrepare an er,vironr~ental impact report on th° 1~asis that there ~rouid be no significant individual or cumulative adverse environmental impact due to the approval or this Negative Declaration since the Anaheim General Plan designates the suhject nronerty for oencral industrial land uses commensurate ~•~ith the proposal; that no sansitive environmental impacts are involved in the proposal; that t7e Initia; Study s~~bmitted hy the retitioner indicates no significant individual or cu,nulative adverse environmental impacts; and that the Negative Declaration substantiating the foreqoin, findings is on file in the City of A.T.`I...im P~~~~jnn n~~,~r~,~nr. P~01J, THEREFORE, SE IT RESOLVED that the Anaheim City Pianning Comnission does heref>y grant suhject Pe~ition for Conditional Use Permit, upon the following conditions which are hereby found to he a necessary prerer~uisite to the proposed use ~f the subject property in order tc preserve the safety and general t~elfare of the Citizens of Che City of Anaheim: 1. That sidewalls shall be installed along Penhall 4lay as required by the City Engineer and in accordance with standard plans and specifications on file in the 0"iee of the City Engineer, 2. That trash storage areas shall t~e ~roviried in accordance ~:ritn anproved plans on filA wit!~ G~e Offiee of the Er.eeutive ~irector o` Publie blorF:s. 3. That rirc hydrants snall he installed and chargerf ~s reauired ~nd deternined to he necessarv !~y the Chief of the Fire De~,artment prior to commcncement of str~.ictural framiny. 4. That suhject prnperty shall he served by inuerqround utili[ies. -~- PC81-t59 >. That drainage of subject pro~,erty shall be dispose~f of in a manner satisfactory to the City Engincer. 6. In the event that suhject nroperty is to hc divided for the purpose of sale, lease, or financin9, a parcel nap, to record the approved division of subject property shall be submitted to ard approved hy the City of Anaheim and then be rer_orded in the office of the Orange County Recorder. 7. That the original documents of the covenants, con~litions; a~d restric[ions, and a letter addressed ta developer's title company auttiorizing recordation thereof, shall be ~uhmitted ta the City Attnrney's office and approved hy the City Attorney's Office, Puhlic Utilitfes Department, Buildin~ Division, and the Engineering Division prior to final tract map approval. Said documents, as approved, shall be filed and recorJed in the Gffice of the Oranne County Recorder. F~. That street names s,iall he approved by the City Plan~ing Departmen[ prior to approval of a`inai parcrl map. '?. That all private streets shall f~e developed in accordance ~•~ith the City of Anaheim's Standard ~etail Plo, iZ2 for nriv~te streets, includi~q installation ot street name sicns. Plans for the nrivate street li~htinn, as reouired hv thr. s[andard detail, shall be suFmitted to the ~uildin~ 5ivision for approval and inclusion a~ith the building rlans nrior to the issuance of huilding permits. (Private streets are those athic'~ ~rovide ~rimary access ~nd/or circulation ~~ithin the project. i~. That Che o~.~ncr of ,uhject property shall ~otifv potential future buyers in this industrial eomplex of the C(ty of /lnaheim '".unir.inal Code requirements restricting retail sales in industrial zones, t~ ~c ~.. ~~ ~;.;~-f:~:iii~~li ~~i'i,ri ndw~ 5iyflb I1dVE f10C !~een If15L811,r,d, temporary street name slyns shali be installed prior to any occupancy. 12. That the o~~mcr(-j of suhject ~roperty shail ~ay the traffic stanal assessment fee (Ordinance "lo. 3396) in an amount as deternined by the City Council, for industrial builJings prior to the issuance cr a huilding permit. 13. That the ovm er(s) or suhject property shali nay to the City of Anaheim a fee, in an amount as determined hy the City Council, for street lightino along Pcnhall Way. l~t. That subject prooerty shall be developed suhstanN ally in accordance with plans a~d specifieations en file 4~ith tiie City o~ llnahein marLed Exhibit Nos. 1 and 2. 15. That Condition No, 1;, ahove-r~i~ntioned, shall he comp)ied w(Lh prior to the commencement of the activity iuthorized under this resoluti~n, or prior to the tfine tnat [ne huilding permit is issued, or ~.aithin a neri~d of one year from date izereof, ivhichever occurs first, or such further tim~ ~s th~ Planninn Co~rnission may grant. iG. That Condition tdos. l, ;?, 4, y~~~ ~!i~ ahove-mentioned, shall be compliad with prior to final ouilding and zoning inspections. -3- ~c3i-159 ~E IT FURTII[2 R[SOLV[D that the ~~nah~:im f.i•cy Plannin~ f.or~mission doe~ hereby find and deterciinc that ~doption of this Resolurion is expressly oredicated upon applieant's compliance ti•~ith each and all of i;~e conditions nereinabove set furth. ShoulJ any such conditiun, or any part thereof, ne declared invalid or ~menforceabie by the final judgment of any court of competent jurisriic[inn, then this Resolution, and any approvals herein contained, shali !~e deemed null and void. THE FOR~GOING RE~OLUTIU;i is si9ned and apnroved iry ne this 7?th day of ,luly, ~3a~. 4TTEST: ~ ~ 'j __, .-- -1 • /{ ~ 1 ' ~..- i ~ ~-'L. CHAi2"+l1h1, !1^IAHEI`+ CITY PLP.PI~l1~1G COMMISSION ~~^~~[. [f /~.!-~,/1/Lt~L SECRETARI~~' A~~AFIE i M C I TY PLArltl f~~~ Co!~,y I 55 I ~~, STATE 0~ Cl1LIFOR~lIfi j COUNTY OF 02A"!GE ) ss. CfTY OF i;tii;HElr1 ) I, Edith L. Harris, Secrc~~ary af the !ln~~hein Citv Planninq Com~issior, d~ hereby certify that the foregoinq r~solution ~•ras ~assed and adopted at a mcetinq of the Anaheim City Planning Comnission held on July ?_J, 1~-ii, hy thr. folloa~ing vote o` the menbers thereof: FlYES: COMt•11SSIO~JERS: BARNES, BQUAS, QUSIIORE, FRY, HE?;:ST, KI'4G, TCLl1R (JOES: COMHISSIOtIERS: NONE f~~.CF~,ir• rnM~~icc~~.~~~~. IN WITPIESS WHEREOF, I nave hereuntu set my h~.nd this 27th day of July, 1981, ~~~ ~ ~~~ ScCRETAI,f, AFIAHEIM CITY PLAPlr~IHG Ci•MI1I~SIOH '~' PC81-1~9