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PC 81-48RESOLUTION NO. PC81 -48 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2178 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from WS- ANAHEIM, 1400 North Bristol, No. 245, Newport Beach, California, 92660, owner, and MEYER INVESTMENT PROPERTIES, INC., 1201 South Beach Boulevard, #203, La Habra, California 90631, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE LAND OF DREYFUS AND OTHERS, AS SHOWN ON THE MAP OF ANAHEIM EXTENSION, SURVEYED BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 162 AND FOLLOWING, ENTITLED LOS ANGELES COUNTY MAPS, DESCRIBED AS FOLLOWS: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 39 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF WEST STREET, AS SHOWN ON SAID PARCEL MAP BOUNDED AS FOLLOWS: NORTHWESTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL 3, SOUTHEASTERLY BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL 3, EASTERLY BY THE WESTERLY LINE OF SAID PARCEL 3, AND WESTERLY BY THE CENTERLINE OF WEST STREET AS SHOWN ON SAID PARCEL MAP. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 23, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.48.050.130 to wit: to permit a 5-story office building in the C -R (Commercial, Recreation) Zone. 2. That the petitioner indicated his willingness at the public hearing to participate in the cost of closing or otherwise restricting access between Hampshire and West Streets, if such restriction is determined to he necessary by the City Council. 3. That 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. 4. That 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 PC81 -48 particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That 2 persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a 5-story office building in the C -R (Commercial, Recreation) Zone on an irregularly - shaped parcel of land consisting of approximately 3.8 acres, having a frontage of approximately 350 feet on the east side of West Street, approximately 780 feet north of the centerline of Ball Road (888 South West Street); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for commercial recreation land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3396) in an amount as determined by the City Council, for commercial buildings prior to the issuance of a building permit. -2- PC81 -48 6. That the owner(s) of subject property shall submit a letter requesting the termination of Variance Nos. 2945 and 3050, and Conditional Use Permit No. 1676 to the Planning Department. 7. That a 6 -foot high masonry wall shall be constructed along the east property line. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 9. That Condition No. 6, ahove - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is Issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 10. That Condition Nos. 1, 3, 4, 7 and 8, ahove - mentioned, shall he complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions herelnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of February, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 0 CHA RMAN, ANAHEIM CITY LAMMING COMMISSION -3- PC81 -48 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 23, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1981. IN WITNESS WHEREOF, 1 have hereunto set my hand this 23rd day of February, SECRETARY, NAHEIM CI PLANTING COMMISSION -4- PC81 -48