PC 80-77RESOLUTIO'! i10, pC~~_77
A RfSOU-ITI0~1 OF THE ANAFIEI~1 CITY PLl1~INIrIG CnI1~~IS510~~
TfIAT PETITION FOP, CONDITIONAL USE FER'11T N0. 2n~, 4E SRAt1TED
WHEREFlS, the Anaheim City
Petition for Conditional Use Permit
Montanera, F. heim, California, 92•s~
Street, Los A;,~eles, California 90~15,
the City of Anaheim, County of Orange,
Planning Commfssion dl~l receive a verified
from P,OPERT D. ETCHAN~Y, ET AL, 315 Via
7, ot•Jners, and JOCY. SE4IHLL, tt3n 5outh Figueroa
agent, of certain real property situated in
State of California, described as:
PARCEL 1: THAT POR"fION OF TNE IJORTHWEST QUARTEP, OF FRACTIO"lAL
SECTIOPI 4, TOlJNShIiP 4 SOUTH, RAPlGE ~ WEST OF THE SA~; BERMARDIPIf?
MERIDIAN, IN THE CITY OF AFlAHEIH, COUPlTY OF 0!tAtdGE~ STATE OF
CALIFOR~IIA, AS PER THE OFFICIAL PLAT OF SAID LATJD FILED I~I THE
DISTRICT LAIJD OFFICE, D[SCRIBED AS FOLL01•!S: BEGI~INIh!~ AT A POIFlT
ON THE WEST LINE OF SAID FRACTIONAL SECTIOPI DISTANi tJORTH Z° ~~~
30" EAST 971,50 FEET ALONr, SAlO WEST LIN[ FRON THE NORTHWEST
CORNER OF LOT 4 OF SAID FRACTIO!aAL SECTIOtI; TNENCE CONTIPlUIMG
ALOfJG SAID WEST LI"!E NORTH 2° 16' 30" EAST 24~,21 FEET, THE"JCE
SOUTH 89° q~~ 40" EAST h00.03 FE[T; TNcFJCE SOUTH 2° 1F~ 3~" WEST
247.19 FEET PARALLEL WITf{ SAID 4lEST LI-~E; THENCE NOP,T!! 8£}O 27' 00"
WEST 400.00 FEET ALONG A LIPJE PARALLFL 'dITF; THE PJORTH LINE OF SAID
LOT 4 TO THE PO I ~!T OF BEG I NPJ I NG; A~ID
PARCEL 2: TIiAT PORTION OF TFIE P10RTHWEST 2UARTER QF FRACTI~N.~L
SECTION 4, T04lNSH I P 4 SOUTN, RANGE 9 WEST OF ThE SAM BERflP.P,D I NO
MER I D IAN, I N TIiE C I TY OF APJAHE I M, COUNTY OF OP,ANr,E. 57ATE OF
CALIFORP;IA, AS PER THE OFFICIAL PLAT OF SAID LAND FILE~ IN THE
DISTRICT LAMD OFFICE, DESCRIBSD AS FOL~.nWc• S~G!""!"!!: AT 'NL
1tdTERSECT(GN Of THE CEMTERLINE OF LA PALMA AVENUE WITH THE CENTER
LIP1E OF JEFFERSOtI STREET, SAID CEMT~R LfNE OF JEFFERSON STREET
BEING THE WEST LINE OF SAID SECTION 4; THENCE SOUTH 87~ 4j~ p~~~
EAST 399.96 FEET ALOPJG THE CENTERLI~IE OF LA PALMA AVENUE, AS
APPROVED AND ADOPTED BY ANAHEIM CITY COUPJCIL BY RESOLUTIODI DlO.
65R-488, JUNE 29, 1965 APtD RECORDED DECEMEER 2R, 1965 IM BOOK 77R7
PAGE 878, OFFICIAL RECORDS; THENCE AT RIGHT ANGLE~ SOUTH 2° 15'
40" WEST g8.08 FEET; THENCE NORTFi 89° 09' 4n~~ WEST ~E~~.Oq FEET TO
THE WEST LINE OF SAID FP,ACTIONAL SECTiQ"1; THE~iCE 40RTF! 2° 1<' 3~"
EAST 108.13 FEET ALONG SAID WEST LIN~ TO THE POIt~T OF BE~I!~rllNG.
WHEREAS, the City Planning Commission did hold a public hearing ~t the City
Hali in the City of Anahelm on Hay 5, 1480, at 1:3~ p,m., notice of said public
hPa~lno having been duly gtven as required by law and in accordance wlth the
provisions of the Anaheim hlunicipal Code, Chapter 18.Q3, to hear and consider
evidence for and against said proposed conditional use ~ermit and to !nvesttgate and
make ftndings and recommendatlor• in connection therewith; and
WHERE/1S, said Commission, after due inspection, investiga[ion and study made
by itself and in its behalf, and after due consideration of a11 evidence and reports
offered at said hearing, does find and determtne the followin~ fac[s:
Pr.3n-77
i. That the proposed use is proprrly onr_ for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18,61.~;~,F:~3 to wit: to
permit a bank in the ML (Industrial, Llmitc~l) Zone.
3. Th:; the proposed use o~ill not adversely affect the adjoining lan~ uses
and the growth and develonnent of the area in v~hich it is propo5ed to be lo;ated.
~. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposec{ use in a manner not dPtrimental to the
particular area nor to the peace, health, safety, and general welfare of the Cttizens
of the City of Anahein.
5. 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.
6. That the traffic generated by the proposed use w11f not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That no one i~dicated their presenc~ at said pubitc hearing in
oppositlon; and that no corresoondence was received in onposition to the subject
Petitlon.
E;lVIRONME~~TAL I.MPACT FI!JDING: That the Anaheim City Plannino Commission has
reviewed the proposal to permit a bank in the ML (Indusirial, L3mited) Zone on an
irregularly-shaped parcel of land consistina of appr~ximately 1.A acres locaied at
~he southeast corner of La Palma Avenue and Tustin Avenue, having a frontage of 3~0
~eet on the south side of La Palma Avenue and a frontage of ?.~~~ feet on the east side
of Tustin Avenue; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on ttie basis that there wouid
be no stgnificant individual or cumulative adverse environmental impact due to the
approval of this Negative Declaration stnce the Anaheim General Plan desi~nates the
suhjec* ~ro~erty for gener~I fruustrial ianu uses commensurate with the proposal;
that no sensitive environmental impacts are involved tn the proposal; that the
Initial Study submitted by the petttioner indicates no significant individual or
cumulative adverse environmental impacts; and that the Negative DeclaraCton
substantiating the f~regoing ftndings ts on ftle in the City of Anaheir Planning
Department.
MOW, 7}iEREFORE~ BE IT RESG~JED that the Anaheim Ctty Planntng Commission
does hereby grant subject Petition for Conditional Use Permtt, upon the followtng
conditions which are hereby found to be a necessary prerequisite to the propased use
of the ~ubject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That sidewalks shall be instailed along Tustin and La Palma Avenues as
required by the Ctty Engineer and in accordance riith stan~ard ptans and
specifications on f(1e in the Office of the City Engineer.
2. That street lighting facilities along Tustin Avenue shall be installed
as required by the Office of Utilities Ge~eral Manager, and in accordance with
specifications on file in the Office of U*ilities Generat Manager; and/or that a
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bond, certificate of deposit, letter of credit, ~r cash, in an amount and form
satisfactary to tlie City of ~naheim shall he posted ~~ith the Ci*_y to guarantee the
installatton of the above-nentionr_d requirements prior to occupancy.
3. That the o~•rner(s) of suhject property shali pay to the CiYy of Anaheim
a fee, in an amount as determined by the City Council, for street lighting alang La
Palma Avenue.
4. That trash storage areas shall be provided in accor~ance with approved
pians on file witli the Office of tne ExecuCive Director of Publ6c 1Jorks.
5. That subject propcrty shall be served by undergr•ound utilities.
6. That ~rair,age af suhject ~ronerty sfiall be ~isposed of in a manner
satisfactory to the City E~gineer.
7. In the event Lhat subject property is t~ ~e divided for the purpose of
sale, lease, or financing, a parcel map, to record the approved division of subject
property shall be submitted to and ~pproved ~y the Ctty of Anaheim and then be
recorded in the office of the Orange County Recorder.
B, That the o~•rner(s) of subject property shall pay appropriate drainage
assessm.ent fees ta the City af ~n3hcin as determine~ by the Li*_y Engineer prior to
issu?;ice of a building permit.
3. That the aamer(s) of subject prooerty shall pay the traffic signal
assessment fee (Ordinance ~Jo. 3'9b) in an anount as determinr.d by the City Council,
for coesmerctal buildings prior to the issuance of a building permit.
10. That fire sprinklers shall be installed in the 6utlding in accordance
with the requirements of the Ctty Ffre Chief,
i1. That in ihe event subject property is to be divided for the purpose of
sale, a perpeLual easement agreement with the owner of the property to the south
(shorm as a future restaurant on the submitted plan), providing for shared vehicular
access, shall be submitted to the City Attorney's Office for review and approval; and
ehen be filed and recorded in the office of the Orange County Recorcier.
12. That if a drive-in facility is proposed for either the proposed bank, or
future restaurant, a median tsland shall be constructed in Tustin Avenue, in
accordance with the regulations of the Ctty Traffic Engineer, to preclude left-hand
turn movements Into the site.
13. That the proposed bank shall comply w~th all signing requirements of
tha ML (Industrtal, Limited) 2one,
14, That automobile bunper blocks be installed in the parking spaces
abukting the east property line.
15. That suhject property shall be developed suhstantially in accordance
with plans and specifications on file with the City of Anaheim m~rked [xhibit Plos. 1
through 3.
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~. -.
16. That Condition Plo. 2 and 3, above-mentionr,d, shall he complied a~ith
prior to the commencement of the activity authorized under this resolut?on, or prior
to the time that the building permit is f;sued, or within a period of one year from
date hereof, whichever occurs first, or such further time as th~ Plannina Commission
may grant.
17. That Condition ~los. 1, ~, 5, E,, 1~, 1.',, 14 and 15, above-mentioned~
shall b~ complied v~ith prior to final building and zoning inspections.
BE IT FURTHEP, RESOLUED that the Anaheim City Planning Commission does hereby
find and determine thak adoption of this Resolution is expressly predicated upon
applicant's compllance with each and all of the condttions hereinabove set forth.
Should any such condition, or any part thereof, be declared invaiid or unenforceable
by the fin~l judgment of any court ofi competent jurisdiction, then this Resolution,
and any approvats herein contained, shall be de~med null and vote.
THE FOREGOIFlG RESdLUTI0IJ is signed and approv?d by me this 5th day of May,
193Q.
~, i`i ~
CkA I RLlOMAfJ, AN4F!E I M C 17Y PLA"JN I NG CO'1M I5S I ON
ATTEST:
l
du-G~ X ~~-~~~..,
SECRETARY ~ A~lAI1E 1 M C I TY FLANN I tJG CO'i~t I SS I 0"J
STATE l:F CALlFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF A~1aHEIM )
!, Edtt!~ !. !l~rrls Secrc*.ar, c` t`~c l~rt~~eI^~ CIL~ °1~^ni;~~ Ccr-;EssFcn, dc
hereby cr.rtify [hat the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Commission held on ~May 5, iQ80, by the following vote of
the members thereof:
AYES; rOMMISSI0NER5: 64RD1E5, DAVID, FRY, FIER3ST, Kttl~, TfILAP.
NOES: COMMISSIONERS: NOtJ[
ADSENT: COMMISSIO~lERS: BUSHORF
ItJ WITtJESS WHEREOF, I have hereunto set my hand this 5th day of May, i~f?0.
(y~.~~ ~7 . ~GZ r -ti~
SECRETARY, ANAFIE I`1 C I TY PLANtJ I Nf; COMM I SS I ON
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