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PC 83-246RESOLUTZON N0. PC83-246 A RESOLUTION OF THF. ANAHEIM CITY PLANNING COMMISSION AMENDING CONDITIONS OF APPROVAL OF CONDITiONAL USE PERMIT N0. 2507 WHEREAS, Conditional Use Permit No. 2507 to pezmit retail sporting goods sales in the ML (Industzial, Limited) Zone with waivers of minimum number of parking spaces an~ minimum landscaped setback was granted by the Planning Commission on November 14, 1983, in connection with Resolution No. Pc83-217 and subject to the followin9 conditions: 1. That sidewalks be installed along Zeyn Stzeet as zequired by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Katella Avenue and Zeyn Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities Genecal Managec, and that security in the form of a bond, certi£icate of deposit, letter of czedit, or cash, in an amount and focro satisfactory to the City of Anaheim, shall be posted with the City to guazantee the satisfactorY completion of the above-mentioned impcovements. Said security shall be posted with the City of Anaheim prior to approval of building permits. The above-cequired improvements shall be installed prior to commencement of the activity authocized by this resolution. 3. That trash storaye axeas shall be pxovided in accordance with appcoved plans on file with the Street Maintenance and Sanitation Division. 4. Tha*_ the existing stzuctuxe shall be brought up to 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. 5. That the owner of subject pcoperty shall submit a letter requesting termination of Conditional Use Per.mit No. 1761, Variance No. 2976 and Conditional Use Permit No. 2198 to the Planning Department. 6. That subject property shall be developed substantially in accordance with plans and specif?cations on file with the City of Anahezm marked Exhibit Vo. 1. 7. That prior to the commencement of the activity authorized under this resolution, or pr.ior to the time that a building permit is issued, or within a period of one yeax from the date of this zesolution, whichevex occurs first, Condition Nos. 1, 2 and 5, above-mentioned, shall be complied with. Extensions of fucther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. #0118[ PC83-246 ~. 8. That pcior to final building and zoning inspections, Condition Nos. 1, 3, 4 and 6, above-mentioned, shall be complied with. and; WHEREAS, the petitionec has requested deletion of Condition No. 1 pertaining to sidewalk installation, and amendment to Condition Nos. 2 and 6 pertaining to st.reet light installation and driveway relocation; and WHEREAS, the Anaheim City Planning Commission did hold a public heazing at the Civic Center, Council Chambez, 200 S. Anaheim Boulevard, Anaheim, California, on December 28, 1983, at 1:30 p.m., notice of said public hearing having been duly given as cequired by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against amendments to the conditions of appcoval of said conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Commission, after due inspection, investigation and study made by itself at said public hearing, DOES HEREBY FIND: 1. That, in connection with the ceque~t for deletion of Condition No. 1 pertaining to sidewa2k installation, Sidewalk Waiver No. 680 was approved by the City Engineezing Division on April 20, 1981, in conjunction with Conditional Use Permit No. 2198. Therefore, no furthec action is necessazy. 2. That the Engineering Division indicates that l-he installation of street lights was bonded foc, but lights were never installed; and that the City Electcical Division has no objection to the petitioner's request pertaining to street liqht installation within 60 days from the commencement of retail sales authorized by this ~esolution. 3. That the petitioner is requesting to retain the existin9 driveway in addition to retaining the replacement driveway which was recently installed, providing two (2) driveways on Zeyn Stceet; but that the City Traffic Engineer recommends that the petitioneF's request for retention of the southerly dziveway on Zeyn Street be denied on the basis that vehicles seeking on-site parking space would use 2eyn Street as an extension of the on-site circulation system, that trucks would find the additional driveway too convenient for backing manuevecs into Zeyn Street~ and that because of construction of the new Ibis Hotel (located appzoximately 450 feet north of subject property) there will be increased traffic volumes on 2eyn Str.eEt and any unnecessary driveways would adversely re~uce the street's vehicle capacity. -2- PC83-~46 4. That on Octobec 7, 1983, Planning staff approved a business license application for Nevada Bob's Golf and Tennis Outlet provided that no cetail activity commence until the property owner ceceived approval o£ Conditional Use Petmit No. 2507 and ha9 complied with the conditions of approval; and that on De amber 15, 1983, a Notice of Violation was issued to Nevada Bob's for (1) conducting cetail sales pcior to compliance with the conditions of approval of Conditional Use Permit No. 2507 and (2) displaying flags and banners without ficst obtaining the zequiced Special Events Pecmit. ENJIRONMENTAL IMPACT FINDING: EIR Negative Declazation was approved by the Planning Commission on November 14, 1983, in connection with this conditional use per.mit. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend the conditions of approval for subject Conditional Use Permit, to cead as follows 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 welfaze of the Citizene of the City of Anaheim: 1. That stceet lighting facilities along Katella Avenue and Zeyn Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities Genecal Manager, and that security in the form of a bond, cectificate of deposit, letter of credit, or cash, in an amount and form satisfactozy to the City of Anaheim, shall be posted with the City to guarantee the satisfactocy completion of the above-mentioned improvements. Said secucity shall be posted with the City of Anaheim pzior to approval of building pesmits. The above requized imp[ovements shall be installed within 60 days from the cor,unencement of retaii saies authorized by ti~is resolution. 2. That trash storage areas shall be provided in accordance with approved plans on file with L-he Street Maintenance and Sanitation DiVision. 3. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showin9 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 woxk, 4. That subject property shall be developed substantially in accordance with plans and specifications on f±le with the City of Anaheim marked Exhibit No, 1, 5. That Condition Nos. 1 and 3, above-mentioned, shall be completed within a period of 60 days fcom the date of this resolution. 6. That pcior to fiaal building and zoning inspections, Condition Nos. 2 and 4, above-mentioned, shall be complied with. ~ -3- ~~ ~. BE IT FURTHER RESOLVED that the Anaheim City Planninq Commission does heceby find and detecmine that adoption of this Resolution is expcessly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, oc any part the~eof, be declared invalid or unenfozceable by the final judgement of any cour.t of competent jurisdiction, t.hen this Reyolution, and any approvals hecein contained, shall be deemed nu71 and void. THE FOREGOING RESOLUTZON is signed and approved by me this 28th day of Decembez, 1983. ~w~ ~ ~~~~ CHAIRWGM ~ ANAHEIM CITY PLANNING CONiMISSION ATTEST: c~~r~.~ .~ • /~!~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFOkNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith i,. Harris, Secretacy 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 Decembez 28, 1983, by the following vote of the membecs thereof: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY~ LA CLAIRE NOES: COMMISSIONERS: KING AB~ENT: COMMISSIONERS: HERBST~ MC BURNEY IN 6•lITNES'S 'r7'r1ER~Or, I l,ave hereunto set my hand this 28th day of Decembec, 1?83. ~~ ~-~ ,~° ~~~, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4" PC83-246