PC 83-132RESOLUTION NO. PC63-132
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMZSSION
THAT PETITION FOR CONDITIONAL USE PERMIT P10. 2472 BE GRAN4'ED
wHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from R. S. HOYT, JR. & BARBARA C. HOYT,
146 East Orangethorpe Avenue, Anaheim, California 92801, owners, and BRUCE
BARTEL, 227 Orangefaic Mall, Fullerton, California 92632, agent r,f certain
ceal property situated in the City of Anaheim, County of Orange, State of
California, described as:
THE EAST ONE-HALF (E 1/2) OF THAT PORTION OF SECTION THREE
(3) ZN TOWNSHIP FOUR (4) SOUTH, RANGE TEN (10) WEST, SAN
BERNARDINO BASE AND MERIDIAN, DESCRIBED AS EOI,LOWS:
BEGINNIIIG AT A POINT 481.33 FEET WEST OF THE NORTHEAS T
CORNER OF NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 3,
THENCE SO[JTH PARALLEL TO THE EAST LINE OP SAID NORTHWEST
QUARTER (NY1 l/4) 405 FEET; THENCE WEST PARALLEL TO THE NORTH
LINE OF SAID NORTHWEST QUARTER (NW 1/5) 481.33 FEET; THErICE
NORTH PARALLRL TO THE EAST LINE UF SAID NORTHWEST QUARTER
(NW 1/4) THENCE EAST AiONG THE NOP,'fH LINE OF SAID NORTHWEST
QUARTF.R (NW 1/4) 481.33 FEET TO THE POINT OF BEGINNING.
EXCEPTI[dG THEREFROM THE EAST 82.70 FEE1' OF THE NORTH 2O7.00
FEET 'lHFREOF.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on July 25, 1983, at 1:30 p,m., notice
of said public hearing having been duly given as required by law and in
accordance wit.h the provisions of the Anaheim M,unicipal Code, Chapter 18.03,
to hear and CUIIS1tIEC evidence foc and against said proposed conditional use
permit and to investiqate nnd make findinas and recorrmendations 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 finc2 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 a retail bookstore in the ML (Industrial, Limited) 2one.
2. That the proposed use will not advecsely affect the adjoining
land uses ~nd the growth and development of the area in whict it is propo~ed
to be located.
3. That the size and n!:~gc of. the site proposed for the use is
adequate to allow the full developrent of the proposed use in a manner not
c3etrimental to the particular area nor to the peace, healtr~, safety and
general welfare of the Citizens o: the City of Anaheim.
#0004r PC83-132
~4.•
I
1,'~
~~: 1
'-~ i
4. That the granting of the Conditional Use Permit under the
°~.} conditiona imposed, if any, wil.l not be detcimental to the peace, health
~ safely and
~~ general welfare of the Citizens of the City of Anaheim. ~
' S• That the tcaffic generated by ttie proposed use will not impose
j an undue burden upon the streets and highways designed and improved to carry
:; the traffic in the area.
6• That no one indicated their presence a`. said public hearing in
opposition; and that no cocrespondence was received in opposition to the
subject petition.
,• ENVIRONMENTAL IMPACT PINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a retail bookstore in the ML
;{ (Industrial, Limited) Zone on a rectangularly-shaped parcel of land consisting
of approximately 4.4 acres, having a frontage of approximately 240 feet on the
south side of Orangethorpe Avenue and a frontage of 240 feet on the north side
of Durst Street, and further described as 1622 North Missile Way; and does
hereby approve the Negative Declaration from the cequizement to prepare an
environmental impact report on the basis that there would be no siqnificant
individual or cumulative adverse environmental inpact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
j subject property for general industrial land u~es commensurate with the
proposal; that no sensitive environmental impacts are involved in the
pcoposal; that the Initial Study s~bmitted by the petitioner indicates no
siynificant individual or cumulative adverse environmental impacts; and that
the Negat:ve Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, gE 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 neces~ary P'ezequi~ite
ta the prop~~r~ L~e cf the y~bject property in order to preserve the safety
and ger.~ral welfare of the Citizens of the City of Anaheim:
1• ~'hat prior to issuance of i building pPrr~it, the owne• of subject
property shall pay to the City oE Anaheim a fee for street lighting
along Orangethorpe Avenue in an amount as determined by the City
Council.
2. That prior to issuance of a building permit, appcopriate water
assessment fees shall be paid to the CiLy of Anaheim, in an amount
as determined by the Office of the Utilities G?neral Manager.
3. That a traffic signal assessment Eee equalin9 ;,iir difference between
the industrial and commercial assessment fees shall be paid to the
~ity of Anahetr., in an amount as determined by the City Council.
4. That subject property shall be developed substantially in accordance
with plans and speciEications on file with the City of Anaheim
marked ~xhibit Nos. 1 and 2,
- 2-
PC83-132
~~YMtp'
5. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permiL- is issu2d,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition No. 3, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Sect•ion 18.03.090 of
the Ananeim Municipal Code.
6. That prior to final building and zoning inspections, Conditi.on No.
4, above-menLion~d, shall be con~plied with.
BE IT FURTHER RESOLVED that the Anaheim City planning Commission
does hereby find and determine that adoption of this Resolut.ion 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 unenforceable by the final judgment of any court of
competent jnrisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 25th day
of July, 1983.
~~ ~
C A AN, ANAHEI CITY p NING COMMISSION
ATTEST:
O dLd..(i~. ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF (~RANGE ) 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 July 25,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING~ LA CLAIRE~ MC gURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONEP,S; BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of
July, 1983.
~7 dL.C-E~+ ~ ~~ ~~
SECRETARY, ANAHEIM CITY pLANNING COMMI$SION
-3-
PC83-132