PC 83-217-~
RESOLUTION N0. P(;g3-217
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~'' A RESOLUTSON OF THF. ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2507 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petitio~ for Conditional Use Permit from BETH ADAMS, LTD., 1545 Wilshire
Boulevard, Los Angeles, California 90017, owner, and DAVID V. ADAMS, 1545
Wilshire Boulevard, Los Angeles, California 90017, agent of certain real
property situated in the City of Anaheim, County of Orange, State of
California, described as:
THE WEST 200,00 FEET OF THE EAST 440.00 FEET OF THE
SOUTHEAST QUARTER QF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22~ TOWNSHIP 4 SOUTH RANGE 10 WEST~ IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA~ IN THE CITY OF
ANAHEIM~ COUNTY OF ORANGE, STATE GF CALIFORNIA~ AS PER MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 410 FEE?' THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 14, 1983, 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 far and against said proposed conditional use
permit and to investigate and make findin9s and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspectioa, investigatzon and
study made by itself and in its behalf, and after due consideration of all
evidence and reoorts offered at said hearing, does find and determine the
following facts:
1• That the proposed use is properly one for which a conditioc.al
use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 5
18.06.080 to Wit: to permit retail sporting goods sales in the ML (Industrial,
Limited) 2one with waivers of:
(a) SECTIONS 18,06.050.022 and .031 - Minimum number of parkinq
AND 18.61.066.050 s aces (62 soaces required;
46 spaces proposed)
(b) SECTIONS 18.04.045.012 - Minimum landscaned setback
18.61.063 AND (20_reauired alona Katella Ave
18.61.063.Oi3 and 5 feet required along 2eyn
Street; 0-16 feet and 0 feet
proposed)
Z• That the requested waiver (a) is hereby granted on the basis
that the patking variance will not cause an inccease in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses; and that
the granting oE the parking variance under the conditions impos~d, if any,
will not be detrimental to the peace, health, safety or general welfare of the
citizens og the City of Anaheim.
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3. That the requested waiver (b) is hereby granted on the basis
that there are special circumstances applicable to the property such as size,
shape, topography, location or sur.roundings, whirh do not apply to other
identically zoned properties in the vicinity; and that strict application of
the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity.
4. 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
ko be located.
5. 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 particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditiona: Use Permit Under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare cf the Citizen~ of the City of Anaheim.
7. 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.
8. That no one indicated their presence at said Fublic hearing in
opposition; and that no correspondence was received in opposition to the
sub;ect petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit retail s ortin
the ML {Industrial, Limited) Zone with waivers of min mum n mber d~psales in
spaces and minimum landscaped setback on a rectan ularl Parking
consistin of a 9 Y-shaped parcel of land
9 pproximately 0.87 acres, located at the northeast corner of
Katella Avenue and 2eyn Street, and further described as 131 West Katella
Avenue; and does hereby approve the Negative Declaration upon finding that it
has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the
initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOFi, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subjecl• Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the rubject property in order to preserve the sa£ety
and general welfare of the Citizens of the r.ity of Anaheim:
1. That sidewalks shall be installed along Zeyn Street as required by
the City Engineer and in accordance with standard plans and
specifications on file in the Office uf the City Engineer.
2. That street lighting facilities along Katella Avenue and Zeyn Street
shall be installed as required by the Utilities G~neral Manager in
accordance with specifications on file in the Office of Utilities
General Manager, and that security in the form oE a bond,
certificate of deposit, letker of credi.t, or cash, in an amount and
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form satisfactory to the City of Anaheim, shall be posted with the
City to guar3ntee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of
Anaheim prior to approval o£ building permits. The above-required
improvements shall be installed orior to commencement of the
act.ivity authorized by this resa).ution.
3• That L•rash storage areas shall be provicled in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
4• That the existing structure shall be brought up to the minimum
standards of the C.ity of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim,.
5• That the owner of subject property shall submit a letter requesting
termination of Cond~cior,al Use Permit No. 1761, and Variance No.
2976 and Conditi~~nal. Use Perriit No. 2198 to the Planning Department.
6• That subject pro~:~rty shall be develop~d substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit No. 1.
7• That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued,
or within a period of one year from the date of this resolution,
whichever occiirs first, Condition Nos. 1, 2 and 5, above-mentioned,
s;~a11 b> coanplied with. F,xtensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
8. That pr.ior to final building and zoning inspections, Condition Nos.
1, 3, 4 and 6, abov~-mentioned, shall be complie9 with.
BE TT FURTHER RESOL'JED 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
hereinabove set forth. Should any such conditions, or any part thereof, be
declared invaliu or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
c.ontained, shall be deemed null and void.
THE FOREGOING RESOLUTION is s.igned and approved by me this 14th day
of November, 1983.
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CHAIRWOMA~~~NAH~fPt CI'CY PLANNING COMMISSION
ATTEST; ~ ! ~~
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) S„
CITY OF ANAHEIM )
Commission,~do hereby .certifySL•hat the aforegoing hresolution asty P~anning
adopted at a rneeting oE the Anahe.im City Planning Commission held na No ember
14, 1983, by the following vote of the mernbers thereof:
AYES: COMMISSIONERS; BOUASr BUSHORE, HERBST, KZNG,
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIONERS; PRY, LA CLAIRF,
ABSTAIN: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOh, I have hereunto set my l~and this 14kh day of
November, 1983,
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SECREt'ARY~ ANAIiEIM CITY PLANNING COMMISSION
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