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PC 82-196RESOLUlION NO. PC82-196 A RESOLUTION OF THE ANAHEIM CITY PLANhING THAT PETITION FOR CONDITIONAL US~ pE~2T NO. WHEREAS, the Anaheim City Planninq Commission did receive Petition por Conditional Use Permit from KEN~dETH IC~ESEE, 1928 "G" Anaheim a verified Bou7evard, Anaheim, California 92gp5 South Camino Palmero, #216, Los An eles ~ owner, and ELI HUAA property situated in the g ~ California 90048 ~~ 1~45 City of Anaheim, Count ' agent of certain real California, described as: Y of Orange, State of PARCEL 1; THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTF.R OF SECiIpN Z(, TOF7NSHIP 4 SOUTH, RpNGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF AD7AHgIiy~ AS SHOWN ON A MAp THEREpg gECORDED IN BOOK 51, PAGE, MISCEI,LANEOUS MApg~ ggCORpg OF SAID ORANGE COUNTY; BEGINNING AT A POINT IN THE CLTITERLINE OF THE STATE HIGHWAY, AS SAID CENTERI,INg Ig DESCRiggp IN THE DEED RECORDED IN BOOK 258, PAGES 62 TO 65 INCLUSIVE, OF DEEDS, NORTH 40° 49~ 3p~~ ~~ST 303.38 FEET THEREON FROM THE INTERSECTION OF SAID CENTERLINE p~ITH THE SOUTHLINE OF SAID NORTHEAST QUARTER; THENCE NORTH 8S° 44' 30" EAST, PARALLEL WITH SAID SOUTH LINE, 369.09 FEET TO THE Y7ESTERI,Y RIGHT OF WAy LINE OF THE SOUTHERN PACIFIC RAILRpAD COMP~y; TH$NCE NORTH 14° 59' 00" «gT ,qT,ONG SAID T+TEgmERI,y LINE, 126.60 FEET; THENCE SOUTH 89° 44' 30^ ~gm 439.92 FEET TO SAID CENTERLINE; 40° q9~ 30" EpST~ p~,ONG SAID CENTERLZNg THENCE SOUTH THE POINT pF HEGItVNING, . 1G0.00 FEET TO PARCEL 2; ALL THA1` CERTAIN I,AND DESCRIgED AS FOL,;OWS: BEGINNTNG AT A POINT IN THE CLfi1Tg~,2NE OF THE STATE HIGHW.yy~ AS SAID CENTEI~',INE IS DFSCRIgED IN THE DEEA RECORDED IN BOOIC 25g~ pAGES 62 TO 65, INCLUSIVE, DEEDS, SAID PpINT BEING 203.38 FE~1 NORTH 40° 49 1~2 ~ST FROM THE Ppy~ OF INTERSECTION OF THE SAID CENTER LINE WITH THE gp[M+H LINE OF THE NORTHEAST QUARTER OF THE NORTHN78ST Q[lARTER OF $ECTION 26, IN q+p~,~gg=p 4 SOUTH, RpNGE 10 PIEST, IN THE 12pNCH0 SAN JUAN CAJON DE SANTA ANA, CITY OF ANAiIETM, AS SHOWtd ON A D1Ap THEREOF RECQgpED IN BOOK 51, PAGE 7, $T SEQ., MTSCELLANEOUS MApg, ggCQ~s OF SASD ORANGE COUNTY; THEN~E NORTH 89° 44 1/2 EAST AND PARALLEL TO THE SOUTH LINE OF THE SAID NOR?'?iEAST Q[Jp,gTER OF THE NORTHAiEST QUARTER OF SAID SECTION 26 OF SAID TOWNSHIP AND Rp,NGE, 324.82 F~gr TO A POINT ON THE WEgT LSNE OF COMMISSION 2388 BE GRANTED #~2862 PC82-196 i , ;~.:1 RIGHT OI' WAY OF THE SOUTHERN PACIFIC RASLROAD COMPANY, THENCE NORTH 14° 59' WEST ALONG SAID RIGHT OF WAY LINE 79.12 FEET TO A POINT; THENCE SOUTH 89° 44 1/2' WEST 369.09 FEET TO A POINT ON THE CENTERLINE OP THE STATE HIGHWAY; THENCE SOUTH 40° 49 1/2' EAST ALONG SAID CENTERLINE 100 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 48 (~i OF RECORD OF SURVEYS, RECORDS OF SAID ORANGE COUNTY. L4HEREAS, `he City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on October 18, 1982 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 u~e permit and to investigate and make findings and recomir,endations in connection therewith; and WHEREAS, sai.d Commission, after due inspection, investigation and study made by itself and in its behalf, and af.ter 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 18.03.030.010 to wit: to permit retail sales of copiers in the [~, (Industrial, Limited) Zone. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and developmer,t of the area in which it is proposed to be located. 3. 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 manr.er not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of Yhe City of Anaheim. 4. 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. 5. That the traffic generated by the propc =d use will not impose an undue burden upon the streets and high~vays designed and improved to carry the traffic in the area. 6. Tkiat no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -z- PC82-196 --, ,:~, ~NVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proF~sal to permit retail sales of copiers in the ML (Industrial, Limited) Zone on a irregularly-shaped parcel of land consisting of approximately 1.42 acre, ha.ving a frontage of approximately 255 feet on the east side o£ Anaheir.~ Boulevard, and further described as 1928 "A" Soutli Anaheim Boulevard; and does hereby approve the Negative Declaration from the requ.irement to prepare an envi.ronmental impact report on the basis that there would be no significant individual or cumulative adverse environmer.tal impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the pc :itioner indicates no significant indiva.dual or cunrulative adverse environmental impacts; and that the Negative Declaratiun 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 foi:nd 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 the owner(s) of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) for a building area of 3,750 square-feet. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim. 3. That subject property ~hall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhihit Nos. 1 through 3. 4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prio~ to the commencement of the activity authorized under this resolution, or within a period of ninety (90) days from the date hereof, whichever occurs first, or such further time as the Planning Commission may qrant. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and detezmine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenferceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC82-196 r•, ~,r ., ~:?. . j~~ ~':.I C~'ly ; a ; - ,' i%~-' , '~:4 ~ :::t. ~ i:' ~:~,., . ~j i THE FORE30ING RESOLUTION is signed and aoproved by me this 18th day of October, 1982. ~ C N, ANAHEIM CITY PL COMMISSION ATTEST: ~~ .~ ~~a SECRETARY, ANpHE2M CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheir.i 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 October 18, 1982, by the following vote of the members thereof: AYES: COMMISSIONERS: DOUAS, HUSHORE, FRY, HERBST, KING, I.,A CLpIgE NOES: COMMISSIONERS: NONE ABSFNT: COMMISSION~I2S; MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of October, 1982. ~ ~~..i ~°. ~,,~ . SECRETg~ pNAHEIM CITY PLpD7NING COMMISSION -4 PC82-196