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PC 83-82RESOLUTION N(). PC83-62 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL G5E PERMIT NO. 2432 BE GRANTED WHEREAS, ;:he Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from EDWARD I. & MARIS E. VANAGS, 1501 North State College Boulevard, Anaheim, California 92806, owners, and BERRENDA MESA FARMg COUNTRY STORE, ATTN: KEN WINES, 3415 Michelson Drive, Irvine, California 92715, agent of certain real property situated in the City of Ananeim, County of Orange, State of Calif:ornia, described as: THAT PORTION OF IAT 6 OF SUUTH PLACENTIA TRACT N0. 2, AS SHOWN ON A MAP RECORDED IN BOOK S, PAGE 42 OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNIA, ALSO BEING SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 94" RECORD~D NOVEMBER 10, 1981 IN BOOK 14286, PAGE 1032 OF OFFICIAL P.ECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF STATE COLLEGE HOULEVARD (FORMERLY CYPRESS STREET) WITH THE CENTr:RLINE OF VIA BURTON STREET, AS SAID INTERSECTION IS SHOWN ON THAT C~RTAIN MAP FILED IN BOOK 24, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE ALONG SAID CENTERLINE OF VIA BURTOI~, NORTH 89 DEG. 56' 44" EAST 190.00 FEET Ta AN INTERSECTION WITH THE EAST LINE OF THE WEST 190.00 r^EET OI~' SAID LOT 6, SAID WEST 19Q.00 FEET BEING MEASURED FROM SAID CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE NORTH 0 DEG. 15' 00" WEST ALONG SAID E?~ST LINE 30.00 FEET TO TAE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT IN A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 70.00 FEET~ A RP~IAL LINE THROUGH SAID FOINT BEARS uOUTH j DEG. 03' 16" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 DEG. 52; 36" AN F.P.C DISTAD:CE OF 32.Q4 rEET; THENCE NORTH 63 DEG. 10' 40" WEST 103.05 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY ALONG SAID CURVE T$kOUGH A CENTRAL ANGLE OF 62 DEG 55° 40" AN ARC DISTANCE OF 27.46 FEET TO THE WESTERLY LINE OF SAID STATE COLLEGE BOULEVARD; THENCE ALONG SAID WESTERLY LINE NORTH 0 DEG 15' 00" WEST 215.64 FEET; THENCE NORTH 89 DEG. 56' 44" EAST 203.00 FEET; THENCE SUUTH 0 DEG. 03' 16" EAST 292.00 FEET TO THE NURTHERLY LINE OF SAID 'JIA BURTON; THENCE ALONG SAID NORTHERLY LINE~ SOUTH 89 DEG. 56' 44" WEST 64.90 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Plannin? Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 1983, at 1:30 p.m., netice of said public hearing havi.na t~een duly given as required by law and in accordance with the provisions of the Anaheim Municip:,l Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use pe~mit and to investigate and make findings and recommendations in connection therewith; and #0588I PC83-82 ~;: ; , WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence snd reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 & 18.06.080 to wit: to permit retail food sales in the ML (Industrial, Limiled) Zone with waiver of: SECTIUNS 18.06.050.020.022 - Minim~m number of parking spaces AND 18.61.066.050 (64 spaces required; 62 spaces existing) 2. That the requested waivec is hereby qranted on the basis that the request is minimal. 3. That the proposed use is hereby granted subject to the petitioner's stipulation that the retail sales area shall be limited to 29.5$ of the total floor area of the business. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development o£ the area in which it is proposed to 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 detr.imental to the particular area nor to the peace, health, safety and general welfare o~ the Citizens of the City of Anaheim. 6. 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 tY.e Citizens 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 impraved to carry the traffic in the area. 8. Tnat no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit retail food sales in the ML (Industrial, Limited) zone with waiver of minimum number of parking spaces on an irregularly-shaped pascel of land consisting of approximately 1.3 acres locared at the northeast corner of Via Burton Street and State College Boulevard, and further described as 1506 North State College Boulevard (Berrenda Mesa Farms Country Store) ; and does hereby approve the Negative Declaration f!om the requirement to prepare an environmental impact report on the basis t•hat there would be no signiiicant individual or cumulatit~e adverse environmental impact due to thA approval of this t7egativH Declaration since the AnahEim General Plan designates the subject property for general industr:al land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study -2- PC83-82 -~, ,~ s~bm?':ted 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 Maheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition Por 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 ordec to preserve the safety and general welfare of the Citizens of the City of Anaueim: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of ~naheim marked Exhibit Nos. 1 and 2. 2. That the retail sales area shall be limited to 29.58 of the floor area of the facility. BE Ii FURTHER R~SOLVED 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 theteof, be declared invalid or anenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 18th day o£ April, 1983. ~ i ~,'/'.~ HA Rt9AN~ ANAHEIM CITY P NING COt4MISSION ATTEST : ~c~G~'~ iC - lLri .. . _- , SECRETARY, ANAHEIGI CZTt PLA27P:ING COMMISSICN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hezeby certify that the fore3oing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 18, 1983, by the following vote of the membets thereof: AYES: CO[?MISSIONERS: BOUAS~ BUSHORE~ FRY~ HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA C~AIRE IN WITNESS WHEREOF, April, 198?. i : ., ::;i .. ...... _ , . . I have hereunto set my hand this 18th day of ~ • y!~ ~'~ .,~/ d . ~w . . _ a~ SECRETARY, ANAH~IM CITY PLANNING COMMISSION -3- PC83-83