PC 83-237RESOLUTION N0. PC83-237
A RESOLUTION OF THE ANAHEIM CZTY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE FERMIT NO. 2519 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Peticion for Conditional Use Perm.it from BRYAN INDUSTRIAL PROPERTIES, INC., P,
O. Box 4486, Anaheim, California 92803, owner, and TOM TALHOTT, 15732 Tustin
Village Way, Tustin, Califocnia 92680, agent of certain real property situated
in the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 1,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, '• THE RANCHO SAN JUAN CAJON
DE SANTA ANA~ AS PER MAY RECO~'.r IN BOOk 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY~ DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF CYPRESS STREET, AT
ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH
LINE OF LOT 6, OF THE SOUTH PLACENTIA TRACT N0. 2, AS PER MAP
RECORDED IN BOOK 5, PAGE 42 OF SAID MISCELLANEOUS MAPS; Z'HENCE
ALONG SAID CENTER LINE NORTH, A DISTANCE OF 300.00 FEET;
THENCE EAST~ PARALLEL WITH SAID NORTH LINB OF LOT 6 AND ITS
PRULONGATIONf 250.0~ FEET; Tl1CNCE SOUTH PARALLEL WITH SAID
CENTF.RLINE, 300.00 FEET TO SAID NORTH LINE OF LOT 6; THENCE
WE£T~ ALONG SAID NORTH LINE AND ITS WESTERLY PROLONGATION, TO
THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on December 12, 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 for and against said proposQd conditiona2 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 aEter due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is prvperly one for which a conditional
use permit is authorized hy .~naheim Municipal Code Section 18.03.030.010 to
wit: to permit retail furniture sales in the ML (Industrial, Limited) 2oae.
2• 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.
3. That the size and shape of the site proposed for the use is
adequate to allow the full development of the propost~d use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welfare of th~ Citizens of the City of Anaheim.
~0108r PC83-237
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 pr~posed use will not impose
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 at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVZRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit retail furniture sales in the
ML (Industrial, Limited) Zone on a rectangularly-shaped parcel of land
consistin9 of approximately 1.4 acres, having a frontage of approximately 300
feet on the east side of State College Boulevard, and further described as
1542 North State College Boulevard; and does hereby approve the Negative
Declaration upon finding thaL• it has consideced the Negative Declaration
together with any comments received during the public review process and
further finding on the basis of the initial study and ai.y comments received
that thare is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Cummission 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 the owner of subject property shall pay to the City of Anaheim
a fee for street lighting along State College Boulevard in an amount
as determined by the City Councii.
Z• That due to the change in use and/or occupancy of the building plans
shall be submitted to the Building Division showing compliance with
the minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted
by the City of Anaheim. The appropriate permits shall be obtained
for any necessary work.
3. That prior to issuance of a building permit or commencement of the
activity herein approved, whichever occurs first, a traffic signal
assessment fee equaling the difference between the industrial and
commercial assessment fees shall be paid to L•he City of Anaheim in
an amount as determined by the City Council.
4. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
-2-
PC83-237
=`?i 5• 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 pPriod of one year from the date of this resolution,
~:1; whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned,
~~ shall be complied with. Extensions far further time to complete
i`,` said conditions may be granted in accordance with Section 18.03,090
`"! of the Anaheim Municipal Code.
.I
"~
'i 6• That prior to final building and zoning inspections, Conditior.
.~"~;~ No. 4, above-mentioned, shall be complied with.
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
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 juriadiction, then this Resolution, and anp approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOL~TIOt7 is signed and approved by me this 12th day
of December, 1983.
!' •"~' / ~ ~
c,c.< ~ ~ ~L.GrL.~
CHAIRWOMA~, ],iCAHEIM CI4'Y PLANNING COMMISSION
ATTEST; (.~
SECR ANAHEIM CIT ~IN~ISSION
STATE OF CALIFORNIA )
CGUNTY OF ORANGE ) ss.
CITY OF ANAf3EIM )
I, Edith L. Harris, Secretary of the Anahei,l City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meetin9 of the Anaheim City Planning Commission held on Aecember
12, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY~ HERBST~ KING, LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand L-his 12th day of
December, 1983.
`~~ .~ ~~~
SECRETARY, ANAH,,IM CITY PLANNING COMMISSION
-3- PC83--237