PC 81-83RESOL!ITIO~l P:O. PC81-9
A RESOLUTIO~! OF THc. AiJAHEIM CITY PLANiJIN~ CO~~!11551QP!
THAT PETITION FOR COPIDITIGtJAL USE PER.MIT N~, ?1~B EiF GRJtMTE~
WIIEREAS, the Anaheim City Pianninc~ Commission dld receive a verified
Pe.tition for Conditional Use Permit frcm BETI! A~AMS, L7D., et al, 151i5 4lilshire
Eioulevard, Los Angeles, CA 90017, ovmers, and DAVID TRAI!P,, 131 ldest Katella Avenue,
Anaheim, California 92i3~2, agent, of certaln real property situated in the City of
Anahein, County of Orange, State of California, described as:
THE WEST 200.00 F[ET OF THE EAST 44n,0~ FEET OF TNE SOUTHEAST
QUARTER OF THE SOUTHEAST QUFlRTER OF THE SOUTHEAST QUAP,TER OF
SECTION 22, TObiP1SHIP 4 SOUTH, RANGE 1~ WEST, It! THF RA"lCHO SAPI
JUAt! CAJOr~ DE SArJTl1 A^lA, IN THE CITY OF ANAHEIN, COUNTY OF OPFr~!;E,
STATE OF CALIFORNIA, AS PER MAP RECOP.DED Itl !30t1Y, 51 P,q~F i!1 OF
i11SCELLkNE0U5 ~~HYJ, IN 1'HE OFFICF OF THE CDUNTY (tECOR~Fi; OF ;AID
COUMTY, EXCEPT THE 1JORTH 410 FEET THEREO'r.
4lHEREAS, the City Planning Cormission c'id hold a puhlic hea-ina at the Civic
Center in the City of Anaheim on April 2~, l~i3i, a[ 1:3~ p,ri,, notice of said public
hearing having heen duly qivrn as required by lati•, and in accordance with the
provisions of the Anaheim Municipal Code, ~hapter iP.(13, to hear and consider
evidencP for and against s~1d proposed conditi~nal use permit and to investi~ate ano
make findings and recomr~endations in connection ther~~•rith; anri
WHEREAS, said Commission, after due inspection, invnsti~ation and study made
~'; ; ts~ ~`:.r;.: ;,, ; C, ;,c~~a i i, anu a i ~Cr due cons i cierat ion of a i i ev: dence and reports
offered at said hearing, does find and determine the folloa~inn racts:
1, That the proposed use is properly one `or which a conditional use
permi~ ts zuthorized by Anaheim Municipal Code Section 1q,~i.03^.~1~ to wit: to
permit r°tafl antique sales in tiie F1L (industrial, Limitee) 'on~ ~•iith .~aiver of:
SECTION 13.OE,.06~.~22 - Minimum number of par;<!nq soaces.
75 spaces require~i; +. prooosed)
2. That the proposed use is hereby grar.ted suhject to the petitioner~s
stipula*ion at the puhlic hearing that auctions a~il! not be conducted on the
premises.
3. That the requested ~•~aiver is herehy aranted on thr basis that denial
would deprive subject propcrty of a privilege enjoyed by other prop~rt~es ir. the same
zone and vicinity and on the basis that a variance ~,as prr_viously ~ anted for a
similar retail acti~~ity on suhject prnnerty and that there has been no resultant
parl;ing ~roblems,
4, That the proposed use ~•~ill nnt adversely affect the adjoining land uses
and the 9rooith and deveiopment of the arca in which it is pronosed to be located.
PC81-8~
5. That the s i ze and sFiaoc of tiic s i te f~r~nosed fr~r th~ iise is adequate to
alloti~ the full de~vclopment oT the prnposecl us~ in a r~anner n~>t detrimental to the
particular area n~ir to the ~cacc, hcalth, safety, and ~~neral airlfare nf the Citizens
of the City of Ar,ahcim.
~. 'ihat t`~c ~lranting of thc i;onditional !lsc P~rmit undcr thc conditions
imposed, if any, ~•~ill not he detrimental to the peace, heaith, safety and general
welfare of the Citizens of the City of Anaheim.
7. ihat the tra`fic 9enerated hy t'~e nrnposed us~ ~•rill not impose an undue
burden upon the streets and hi9h~•~ays dc~si~ned and improved to carry the tra`fic in
the area.
3. That no one indicated their presence at said public hearing in
opposition; and that no correspondence iyas received in opp~sition to the subject
pet i t to~,.
ENVIRONMENTAL IHPACT FI;1pIPi;: That the Anaheim City P!annin~ Commission has
revievred the proposal to permit retail antique saies in the ML (Industrial, Limited)
Zo^e with waiver of ehe ninimum number of parkin~ spaces on a rectangutarly-shaped
parcei of land c~nsisting of aoproximatelv ~.~7 acre located at the northeast corner
of Katelta Avenue and 7_eyn Street ~131 West Katella Avenue); and does hereby approve
the Negative Declaration from the requirement to prr_pare an environmertal impact
report on the basis tliat there ~•iould be no significant individual or cumulative
adverse environmental impact due to the approval of this tleg~tive Declaration since
the Anaheim ~eneral Plan designates the suhject prooarty for commercial-recreation
land uses commensurate ti•~ith the proposai; that no sensitive environnental impacts are
i-.volved in the prnposal; that the initial Study submitted by the petitioner
indicates no significant individuai or cumulative adverse environmental im~acts; and
that the Negative Declaration substantiatinq the foreqoing finclinqs is on file in the
City ot Hnaheim Planning uepartmrnt.
NOId, TNEREFORE, BE IT RESOLVED Lhat the Anahein City Plannin~ Commission
does F~ereby grant subject Petition for Conditional Use Permit, upon the followinq
conditions which are herehy found to he a necessary prerequisite to the proaosed use
of the subject property in order to preserve the safety and c~eneral welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property sh~ll deed to the City ..~ •lnaheim
a strip of land 15 feet in radius alnna Katella ~venue and Zeyn Street.
2. That street lighting facilities along Katella AvPnue and Zeyn Street
sliall be installed as required hy the Office of Utilities General tdanager, a~d in
accordance with specifications on file in the Office of U_ilities General Manager;
and/or that a bond, certificate of deposii, letter of credit, or r_ash, in an amount
and form satisfacto ry Lo the City of Anaheim shall he posted a~ith the City T.o
guarantee the installation of the ahevc-mentioned renuir~men*_s prior commencement of
the activity herein approved.
3. That sidet:~~ll;s shail bc inst~llecl alen9 7eyn Street ~s re~nired hy the
City Engineer and in accordance ~•~ith stanclard pl~ins and snecificaCions on ffle in the
Offiee of the Ci[y Engir~er.
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``. That the existin~ str~~r_ture s'ia11 `,e hrouc~ht up T.o the minimum
standards of the City of Anahein, incluJina the Uni`orm 3uildinq, Plumbina,
Flectrical, Mechanical and Fire Codes as a.1o~•.ed by the City of qnaheim.
S. That the o~mer(s? of subject nr~~,erty sha11 pay tl~e traffic slgnal
assessment fee (Ordinance Ilo. 389E) ;n an amount as determined hy the City Council,
t'or comnercial huildings prior to the issuance o` a huilding permit or commencemeni
of Che ~ctivity herein approved, vrhichever occurs fir;t,
E. That trash s[orac~e area, shali be provided in accordance o~ith approved
plans on file ~~ith the Office of the Exec~iti~e Director o` Fublic 41or{:s.
7. That the existing easteriv drive~:iay on I;a~~ella Fl~~enuc sha)1 be removed
a~d replaced a~ith st~ndard curh, gutr.er and landscapino.
~. That the proposed art and anti~ue sa)es facility shall comply with all
Si9~i~9 ~eauiremenr; of the '1L (Industr~al, Limited) Zone.
9. That subject prnperty shall ~e develooed su!,stantially in accordance
with plans and specifications on file :•~ith the Citv aF Anaheim mnrked Exhibit Nos. 1
and 7,
»• That Condition ?los. 1 and ? ahove-mentioned, shall he complied with
Prior to the commencement of t,ie activlty authorized under this resoiution, or nrinr
to the time that the huilcing perr^it is issued, nr i~,ithin a period of one year from
date herr.of, whiche~er occurs first, or such f~~rther time a; Lhe Planning Ccxnmisslon
may grant.
11. That Condition 'lu~. 's, 4, 6, 7, and 9, ahove-mentioned, shall be
~~P~~e~ ~~~th prior to final building ~nd zoninn inspections.
BE IT FURTHER P,ESOLVED ~hat t~•~, Anaheim City Planning Commission dors hereby
find anr+ determine that adoptio•, of thi~, Resolution is expressly predicat~d upon
applicant~s compliance ~oith each an~ all of the c~nditions hereinabove set fort;i.
Should ary such conditfon, or any part thereof, be declared invalid or unenforceable
by the final judgment o` any court of competent jurisdictton, then this Resolutlon,
and any apprcrvals herein contained, shali be deemed null and void.
THE FOREGOIP~G R[SOLUTI0~1 is sig~P~ and 3pproved by me this 20ch day of
April, 198i.
ATTEST:
~ ~ ~ ,C`' 7~,,t.u,
S[CF<ETARY, A^JAHEIM CITY PLA"~~~IPIR C(1M'11SSIO~I
~ ~ ~~~
~nA I Rr1A.P1, AplANE I Pi C I TY PLA!;r! ~ y~ ~pMH I SS I ON
-3- P~q~_R3
STATE OF CALIF~RtIIA )
CQUNTY OF ORAtJGF ) ss,
CITY OF ANAHEIH j
I, Edith L. Narris, Secretary of the Anahein City Planninc7 Commission, do
hereby certify that the fore9oing resclution ~•~as ra,sed and adopted at a meeting of
the Anaheim City Planning Canmission helri nn Aprii 2~, 1~s1, hy thc follnwing vote of
the members thereof:
AYES: COHMiSSIO~IERS: BAR~iES, BO!1115. BUSHORF, FRY, NEP.BST, F;IN~, T(1LAR
NOES: COMhiIS510f~ER5: tlOIJE
AE35EIdT: COMMISSIONERS: NONE
itl IJITIlFSS t!HEREOF, i have h~r~~unto set m~• han~1 this 2~th day of April,
~9a~.
~~.~~ .~ 7~
SEC?ET.4?.Y, !1^!AH~ f M C ITY PL"':`11'I•^, C~;Y115S 10'1
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