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PC 81-193RESOLUTION rJO. PC81-193 A RESOLUTI ON OF THE APlAHE I Ft C I TY PLl~H~I f P1G CO'1111 SS I O~J THAT PETITION FOR COhI01T10'lAL USF PERMIT N0, 2257 Bc ;!2A~lTF!1, I~I PART 1•1ffEREAS, the Flnaheim City ?lanning Conmission ciid receive a verified ~'etition for Conditional Use Permit from CHA2LES R. TAL`flAGF A~ID PHYLLIS !1. TALMAGE, P, 0. Box 64z6, Orange, Californta, 92667, o~~mers, and EMKAY DEVELOPME~lT COM,PqNY, INC., Attention: S. P. De Nami;r, P. 0. Dox 23~0, PJe~~port Beach, California 92660, agent of certain real properCy situated in the City of Anaheim, County of Oranae, State ~f Ca)ifornia, described as: PARCELS 1, 2, AMD 3 AS SH04lN 011 A ~1F!P FILED IH Q001; 33, PAf,F 1 OF PARCEL MAf'S !Pl THE OFFICE OF TNE COUPdTY RECOP.DEP, OF SAID ORANGE COUNTY. 41HEREAS, tlie City Planning Commtssion did hold a puhlic hearin~ a~ the City Hali in the City of Anaheim on September 9, 1981, at 1:30 p.m., notice of said pubiic hearing having been duly given as requ(red by la~~~ and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1R,C3, to hear and consider evidence for and against said proposed conditional use permit and to investlgate and make findings and recommendations in conr,ection there~•~ith; and WHEREAS, said Commission, after due inspection, investigation and s*.udy made by itself and in its behalf, and after due consideration of all evldence and reports offered at said hearing, does find and determine the following facts: 1. That the propo,ed use is properly one for ~,rhich a condiT.ional use permit is authorized by Anaheim Municipal Code 5ection 1?.~3,030,~tq to wit: to permit an office building in the ML (Industrial, Limited) Zone ~Jith waiver of: SFCTlO~! 1P nr n~n ~~,~ _ . ~ ~ ~~1,iii~il~ili iiUlll~~e~" UF pefl:ing spaces. deleted ~ That the requested ti•~aiver is herPby denied on the t~asis that subseGuent to advertisement the petitioner presented revlsed plans ueleting said 4iaiver. 3. That the proposed office uses are herehy 1(mited to tne following: Accountants E Bookkeepers Administrative Businesses Advertising b Graphic Arts Agencies Answering Services Appraisers Architects Associatiors, Dusiness F Professional Attorneys Banl:s Brol;ers Business System Companies Civic Organizations Englneers Escroti•~ Companles Financial ~nstitutions General Offices Governmental Offtces Importers E Exporters Insurance Comapnies E Agencies Inventory Services Investtgation Services Leasing Companies Manageme~it C~-;panies Mortgane Ban!cers Pc~it-1G3 Collection Agencies Consul~ants Cor.tractors Cor~orate Flea~quarters Cred(t Reporting Agencies Data Procassiny Centers Deslynet•s Uevelopers Puhlic Agencies Puhlishinn Companies Research F. Development Companies Offsite Sales & ~larket~ng Agents Secretarial Services iitle Comnanies Travel Agencies 4, That the proposed use, as o;anted, ~•~ill not adversely affect the adjoining land uses ~nd the groo-~th and develonment of the area in which it is proposed te be located, 5. That the size and shape o` tiie site propose~l for tne use, as granted, is adequate to allo~•~ the fuil devPlopment of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citi~ens of the City of Anaheim. E, That the Condi:ional Use Pernit, as granted, and under the conditlons imposed, ~:~ill not be detrimental to the peace, health, safetv and general :•~elfare of the Citizens of the City of ~naheim, 7. That the traffic generated by the proposeo use ~~iil not impose an undue burden upon the streets and high~•Jays desigr.ed and improved to carrv the traffir_ in the area. ~. That no one indicated their nresence at said public hear(ng in apposition; and that no correspondence ~•~as received in oppo~ition to the suhject petition. tr~VIROMMENTAL IHPACT FIM~I~lG; That the Anaheim City ?ianning Commission has reviewed the proposal to permit an office building in the MI. (Industrlal, Limited) Zone on an irregularly-shaped parcai of land consisting of approximately 2.~ acres, located immedfately northeast of the Atchison Topeka and San~a Fe Railway (2300 East I<ateila Avenue); and does herehy approve the tJegative Der_iaration from the requirement to prepare an environmental im~act report en the hasis that there would be no sfgnificant individual or cumulative adverse environmentat impacC ciue to the approval of this Negative Declaration since the Anaheim Gene:rai Pian designates the subject property for commercial/recreation and general industrial land uses commensurate 4iith tlie proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted hy thP petitioner indicates no 5lgnificant irdividua' or cumulative adverse environmental impacts; and that the Negat(ve Decla~ation suhstantiating the foreqoinq `indings is on file in the City of Anaheim Planning Department. N041, THEREFORE, E3E fT RESOLVED that the Anaheim City Plannlna Commission does hereby grant, in part, subject Petition for Con<iitional Use Permit, upon the following ~onditions which are herehy found to be a necessary prerenuisite to the proposed use of the suhject property in order to preserve the safety and general ~~e)fare of the Citizens o` the City of Anahe(m: -2- PCC1-193 1. That fire hydrants shall be installed and charged as required and determined to be necessary ny the Chief of the Fire Department prior to commencement of structural framing. 2. That the o~•rner(s) of subject property shall pay the traffic signal assessment fee (Ordinance t~o. 3396) in an arnount as determined hy the City Council, for commercial buildings prior to the issuance of a building permit. 3. That trash storage areas shall be prov(ded in accordance arith approved Plans on file i•~ith the Office oT the Fxecutive Director of Public 41orHs. 4. That the o~!ner(s) of subject property shall suhmit a letter requesting the termination of Conditionai Use Permit Plo. 1224 to the Planning Department. 5. That in tlie event t!ie property located immediately to the east is developed for some use other thar; that presently existing, the petltioner shall provide for access to said propert•; at the *_ime that prc,perty develops. Said access may be provided for in a mutual ingress-egress easement agreement, said agreement to be submitted to Che City Attorney for reviea~ ancl approval and then recorded in the office of the Orange County Recorder. 6. That subject p~operty shali be developed sut,stantially in accordance with plans and specifications on file ~•rith the City of Anafieim marked Exhihit Nos. 1 through 6. 7. That Condition IJo. 1F, above-mentioned, shall be complied with prior to the commencenent of the activity authorized under this resolution, or prior to tlie time tliat the building permit is issued, or within a period ef one year from date hereof, arhichever occurs first, or such further ttme as the Planntnq Commission may grant. 8. That Condition Nos. 3 and 5, above-mentioned, shall be complied ~~iith nrj.. tr~ fj ~~ i.~ tui~ ~~ _ •_ . 1 ij ~~i ~v~iiiij ifl~(.i~:~.IIVIID. ° That a pedestrian barrier along the southern proF~.rty line adjacent to the ATSF right-of-way shall be provided sufficient in design to act as a permanent security fence prior to authorization for building occupancy. BE IT FURTHER RESUL~IED that the Anaheim City Planning Commission does hereby flnd and determine that adoption of this Resolutinn is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any sucli condition, or any part thereof, be declared invalid or unenfarceable by the final judgmen~ of any court of competent jurisdicLion, then this Resolutfon, and any approvals herein contained, shall be deemed null and void, TtIE FOP,EGOI~IG RESOLUTION is slaned and approved by ma this 9th day of September, 198!, ATTEST ~ ~_~ CHA ~ RMAM, AP!/1HE 1 M C I T PLP.N~! I ~IG r0!q~1 I SS I OM ~ ,~~. ~`~' k~La~~: SECRETARY, A1~AHE 111 C IT" PLA~dM IMG COM~IISS 10~,1 -3- PC$1-193 STATE OF CALIFORtlIA ) ~OUtdTY OF OP,ANGF ) s;. CITY OF ANAHEIPt ) I, Edith L. Harris, Secretary of the Anaheim City Planninn Commission, do hereby certify that the foregoing resoluticn was passeJ and adopted at a meeting of the Anahelm City Planning Commission held on Septemher 9, 19'1, by the foilowing vote of the members thereof: AYES: COMt11SSIONERS: dARa~ES, BOUAS, [~USHOP,E, FRY, HERaST, I;IP;r, NOES: COM~4ISSIONERS: NONE AE3SENT: CONMISSIOtlERS: TOLAR I~1 WITDIESS WHEREOF, I h~v~ hereunto set my hand this ~th day of September, 19~1. (n ~ ~ /~El~i~t~-i SEf,RETFlRY, ANAfIEfH CITY PLAN~iI~dG C0~IMISSION -~,- Pc87-193