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PC 82-60~-~, RESOLUTIOhJ IlO, PC82-Go A RESOLUT I O:J OF THE AhAHE I f1 C I TY PLANIJ I NG COMM i SS I ON THAT PETITION FOR COMDITIO(JAL USE PERMIT IJO. 231G BF GRANTED IJHEREAS, tlie Anaheim City Planning Commission di~i receive a verified Pet~tion for Conditional Use Permit from EDt•lARD I. AtdD MARIS E. VANAGS, 1510 N. State College eoulevard, Anaheim, California )2306, oam er, or all that certain land situated in the State of California, County ofOrange, City of Anaheim, described as follotias: TIiAT PORTIOtJ OF LOT 6 OF SOUTN PLACENTIA TP.FICT tJO, 2, AS SHpIJN OtJ A MAP RECORDED li~ 6001: 5, PAGE 42 OF MISCELLAPIEOUS t1APS, RECORDS OF ORAPiGE COU~lTY, CALIFORNIA, ALSO DEING SHO',JN Old THAT CER;~11N "LOT LItdE ADJUSTMENT PLAT td0. 94" RECORDED NOVEM6ER 10, 1981 IN BOOIC 142i36, PAGE 1032 OF OFFICIAL RECORDS QF SAID ORANGE COUNTY, DESCR1f3ED AS FOLLOIJS: DEGItJPl~NG AT THE INTERSECTIO~J OF THE CEPITERLIME OF STATE COLLEGE I30UL['JARD (FORMERLY CYPRESS STRFET) WITH TI1E CEN7ERLIN° OF VIA BURTOi~ STREET, AS SA I D I NTERSECTI ON I S 51104lN OP1 TIIAT CERTA 1 Pl !1AP FILED It~ B00f< 2~+, Pl1GE 34 OF PARCEL MAPS, IN TIiE OFFICE OF THE CQUNTY RECORDER OF 5AID ORA!JGE COUIJTY; THE"JCE ALOtJG SAID CENTERLINE OF UTA BURTON, NORTH 39 DEG. 56' 41~" EAST 190.00 FEET OF SA I D LOT 6, SA I D IJEST 190.00 FEET E3E I NG MEASURED FROt1 SA I D CENTERLItJE OF STATE COLLEGE BOULEVArZD; TIIENCE NORTH o DEG. 15~ 00" WEST ALONG SAlD EAST LIfJE 30,00 FEET TO THE TRUE POIDlT OF BEGINIJI~~G, SAID TRU[ POIDIT OF BEGItJNING E3EING A POItJT IN A WON- TAtdGENT CURVE CO;~CAVE NORTHEASTERLY HAVI?JG A RADIUS OF 70.00 FEET, A RADIAL LINE TfIROUGH SAID POItdT 6EARS SOUTH 0 DFG, n3~ 15" EAST; T;iE~JCE fJORTft~lESTERLY ALONG SAID CURVE THROUGH A C~NTRAL ANGLE OF 26 DEG. 52' 36" AN ARC DISTAi~CE OF 32,34 FEET; THCIJCE NORTH 63 DEG. 10' 40" WEST 103,U5 FEET TO Tf~E DEGIWNINr, OF A CURVE CONCAVE NORTNEASTERLY HAVING A RADIUS OF 25.00 FEET; THGWCE NORTHERLY ALOIJG SAID CURVE TIiROUGH A CENTRAL ANGLE OF 62 DEG. 55' 40" AP1 ARC DISTAP~CE OF 27.4b F[ET TO THE WESTERLY LIP~E OF SAfD STATE COLLEGE f30ULEVARD; TI1ElJCE ALONG SAID WESTERLY LItaE tJORTH 0 DEG, 15' Q~" WEST 215.64 FEET; THENCE t~ORTfi f39 DEG. 5G' 41~" EAST 203.00 FEET; THEi~CE SOUTH 0 D[G. 03~ 16" EAST 292.00 FEET TO THE NORTHERLY LIrJE OF SAID V!A BURTON; TtiEP~CE ALONG SAID NORTHERLY LINE, SOUTH ~39 DEG, 5G' 44" WEST G4.~0 FEET TO T(iE TRUE POINT OF BEGINNING. WIIEREAS, the City Planning Commission did hold a pubiic hearing at the City Hall in the City of Anaheim on April 5, 1982, at 1:30 p.m., nottce of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 13.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findinys 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 follrnving facts: PC32-60 1. Tiat tlie proposed use is properly one for ~•ihich a conditional use permit is authorized by Analieim Municipal Code Section 18,03.030.010 to wit: to permit retail sales of data processing equipment in the ~dL (Industrial~ Limited) Zone. 2. That the proposed use will not adversely affect the adjoin(ng land uses and tlie growth and development of tiie area in o-ihich it is proposed to be locatecl. 3. That tlie size and shape of the site proposr_d for the use is adequate to allow tf~e full development of the proposed use in a manner not detrimental to the particular area nor to the peace, healtfi, safety, and general welfare of the Citizens of the City of Anaheim. 4, Tha t the granting of ttie Conditional Jse Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of tlie Citizens of the City of Anaheim, 5. That the traffic generated by the proposed use ~aill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ~. That no onr_ indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EtJVIRONt1EtJTAL IMPACT FINDING: That the Anaheim City Planning Commission has revie~aed the proposal to permit retail sales of data processing equipment in the 11L (Industrial, Limited) Zone on an irregularly-shaped parr_el of land consisting of approximately 1,3 acres located at the northeast corner of Via eurton Street and 5tate Colle9e eoulevard (1>00 North State Colle9e Boulevard) and does hereby approve tfie tJegative Declaration from the requirement to prepare an environmenta) lmpact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approvai of this Negative D~claration since the Anaheim General Plan designates tiie subject property for general industrial land uses commensurate with the proposal; tliat no sensitive environmental impacts are invoived 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 RESOLVEO ttiat the Anaheim C1ty Planntng Commission does hereby grant subject Petition for Conditional Use Permlt, upan the following conditions ~vhich ar hereby found to be a necessary prerequisite to the proposed ~se of the subject prcpercy in order to preserve the safety and generai welfare of the Citizens of the City of Analieim: 1. That the owner(s) of suhject property shall pay tlie difference bet~oeen the industrial and commercial traffic signal assessment fees (Ordinance No. 3~96) for an area of 1,384 square feet, in an amount as determined by the City Council, prior ~ issuance of a building permit or prior to commencement of tiie activity lierein approved, whichr.ver occurs first. 2. That the wester)y driveway on Via Burton Street shall be closed and replaced witli standard curb, gutter and sidewalk in accordance with the requirements of the City Traffic Engineer. -2- PC32-60 3. That subject property shall be developed substa~tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit ~dos. t through 3. 4. 'i~at Condition Plos. 2 and 3, above-mentioned, shall be complied with prior te ~inal building and zoning inspections or prior to commencement of the activity herein approved, whichever occurs first. (iE IT FURTHER RE50LVED that tlie Anaheim City Plannin9 Commission does hereby find and determine [liat adoption of this Resolution is expressly predicated upon applicant's canpliance with each and all of the con~iitions hereinabove 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 approvais lierein contained, shail be deemed null and void. ThIE FOREGOIi~C RESOLUTIOtJ is signed and approved by me this 5th day of April, t9a2. ATTEST• ~,~ ~Z .'~~.~.,.~. CHAIRMAtJ, AFIAHEIM CITY PLANNING COMMISSION ~~~ ~ ~~ SECRETARY, AIJAHE 111 C I TY PLANN I P!G C011M I SS I ON STATE OF CALIFORNIA ) COUNTY OF ORA~JGE ) ss. CITY OF AI•JAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commis~,ion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April S, 1982, by the following vote of the members thereof: AYES: COM111SSIONERS: BARIdES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: COt1MI5SI0tJERS: NONE ABSEWT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I liave hereunto set my hand this 5th day of April, 1982. _ ~~ ~' ~,~.~.~ _. SECRETARY, AFIAHEIM CITY PLANNING COMMISSION -3- PC82-60