PC 81-232RESOLUTION NO. PC81 -232
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2273 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from BERKELEY SQUARE ASSOCIATES, 930 South
Placentia Avenue #A, Placentia, California 92607, owner, and JACK MILLS AND ARLENE
MILLS, 1015-D East Katella Avenue, Anaheim, California 92805, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
That portion of the Southeast quarter of Section 23, Township 4
South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana,
as shown on a Map recorded in book 51, page 10 of Miscellaneous
Maps, records of Orange County, California, described as follows:
Parcel No. 1 as shown on a Map filed in book 111, pages 40, 41 and
42 of Parcel Maps, in the office of the County Recorder of Orange
County, California.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 2, 1981, 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
retain retail sales in the ML (Industrial, Limited) Zone.
2. That the proposed use consisting of the retail sale of appliances is
hereby granted for a period of one (1) year, subject to review upon written request
by the petitioner.
3. That the proposed use is hereby granted subject to the petitioner's
stipulation to submit a yearly statement of wholesale and retail sales, showing that
the retail sales portion of the business has been limited to twenty -five percent
(25 %) of the combined sales.
4. That the proposed use, as granted, 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, as granted,
is adequate to allow the full development of the proposed use in a manner not
PC81 -232
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, will not be 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, as granted, 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 retain retail sales in the ML (Industrial, Limited) Zone on
an irregularly- shaped parcel of land consisting of approximately 2.4 acres, having a
frontage of approximately 60 feet on the north side of Katella Avenue (1015 East
Katella Avenue #D); and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there would
be 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.
N0W, 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 be 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:
1. That the owner(s) of subject property shall pay the difference between
the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) in
an amount as determined by the City Council.
2. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
Katella Avenue.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
4. That Condition Nos. 1, 2 and 3, above- mentioned, shall be completed
within a period of sixty (60) days from the date of approval by the Planning
Commission or no later than January 2, 1982.
5. That the proposed use is granted for a period of one (1) year, subject
to review by the Planning Commission for possible extensions of time. Said review
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shall be requested in writing by the petitioner and shall be accompanied by a yearly
statement showing that the retail sales portion of the business has been limited to
twenty -five percent (25 %) of the combined wholesale and retail sales,
BE IT 'FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicants compliance with each and all of the conditions herelnabove set forth.
Should any such condition, or any part thereof, be 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.
THE FOREGOING RESOLUTION Is signed and approved by me this 2nd day of
November, 1931.
ATTEST:
1931.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
6
CHAIRMAN, 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 November 2, 1931, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, ICING, MC BIIRNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC81 -232