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PC 80-154RESOLUTION NO. PC30 - 154 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2109 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from HEMPHILL SPRING COMPANY, 4220 East Washington Boulevard, Los Angeles, California, 90023, owner, and BAY DEVELOPMENT, 433 Emerald Bay, Laguna Beach, California 92651, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, descrihed as: THAT PORTION OF THE WEST HALF OF LOT 44 OF HAZARD'S SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 26, OF RECORD OF SURVEYS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 2 AS SHOWN ON A MAP THEREOF FILED IN BOOK 20 PAGE 5, OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE THEREOF; NORTH 89 09' 05" EAST 409.61 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 0 32' 27" EAST 693.30 FEET TO THE SOUTHEASTERLY CORNER THEREOF, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89 09' 05" WEST 304.42 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 2.5.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 17' 55 ", AN ARC DISTANCE OF 39.40 FEET; THENCE TANGENT TO SAID CURVE ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 0 33' 00" WEST 668.17 FEET 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 September 8, 1980, 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 proposed conditional 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 after due consideration of all evidence and 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 to wit: to permit a 58 - lot, 57 industrial condominium complex with a waiver of: SECTION 18.01.130 - Required Int frontage. (All lots required to have frontage on a public street or alley; 57 lots with frontage on - private streets only) PC80 -154 2. That the proposed waiver is hereby granted on the basis that access will he provided through common driveways with satisfactory truck accessibility, approved by the City Traffic Engineer. 3. That the proposed use is hereby granted subject to the petitioner's stipulation that purchasers of each individual unit shall sign an agreement indicating they have full knowledge that there shall be no retail sales of any kind conducted in these industrial buildings and that said agreement shall he submitted to and approved by the City of Anaheim prior to issuance of final occupancy permits by the Building Division. 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 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 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 Conditional Use Permit under the conditions imposed, if any, will not he detrimental to the peace, health, safety and general welfare of the 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 improved to carry the traffic in the area. 8. That 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 a 58 -lot, 57 -unit industrial condominium complex with a waiver of required lot frontage on a rectangularly- shaped parcel of land consisting of approximately 6.5 acres located at the northeast corner of Coronado Street and Jefferson Street, and frontages of approximately 385 feet on the north side of Coronado Street and 675 feet on the east side of Jefferson Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the hasis that there would he no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted 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 Anaheim Planning Department. NOW, THEREFORE, BE 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 he 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: -2- PC80 -154 1. That prior to the issuance of a building permit, street lighting facilities along Jefferson and Coronado Streets shall be installed as required by the Office of Utilities General Manager, and in accordance with specifications on file in the Office of Utilities General Manager; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned requirements prior to occupancy. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Puhlic Works. 3. That fire hydrants shall be installed and charged as required and determined to he necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That sidewalks shall he installed along Jefferson and Coronado Streets as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That all private streets shall he developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall he submitted to and approved by the Electrical Division. Approved private street lighting plans shall then he submitted to the Building Division for inclusion with the building plans prior to issuance of building permits. 6. In the event that subject property is to he divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall he submitted to and approved by the City of Anaheim and then he recorded in the office of the Orange County Recorder. 7. That the original documents of any proposed covenants, conditions, and restrictions, and a letter addressed to developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's office and Engineering Division prior to the final parcel map approval. Said documents, as approved, shall be filed and recorded in the Office of the Orange County Recorder. Said documents shall include the following as stipulated by the petitioner: a restriction prohibiting retail sales or outdoor storage of any kind from being conducted on the premises. 8. That subject property shall be developed suhstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 10. 9. That Condition Nos. 2, 4, 5, 7 and 9, above - mentioned, shall he complied with prior to final building and zoning inspections. 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 hereinahove set forth. Should any such condition, or any part thereof, he declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC80 -154 THE FOREGOING RESOLUTION is signed and approved by me this 8th day of September, 1980. ATTEST: SECRETARY, ANAHEIM CITY PLANNING STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) 198 0. 55. CHAIRM N, ANAHEIM CITY PLANNING COMMISSION 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 September 8, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September, 41-1-76 /° 4-;, SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC80 -1511