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PC 82-52RESOLUTIOP! ~10. PC32-52 A RE50LUT1011 OF THE AIJAFIE111 CITY PL/1?1PJIIIR C011F11SSIOtI TIIAT PETIT1019 FOR f,qPJDITIt1PJAl_ USE PERt11T td~. 7_310 GE f,RAt1TED 1dIiEREI~S, the Anaheim City Planning Commission did receive a veritied Petition for Conditional Use Permit from STATE COLLEGE ASSOCIAT[5, 359 San P1iguet Drive ~`304, (lea~port f3each, California, 92(~60, owner, and OP,04![AT FOQDS COt1PAtJY, ATfE1dT1011: JQIitJ QAICER, it80 South Vaii Avenue, hlontebello, Calif~rnia 90G1+0, agent, of certain real property situatecl in the City of /lnalieim, County of Orange, State of California, described as: PAR.CEL 2, IPd ThiE CITY OF APIAIiEi11, COU~ITY OF ORAMGE, STATE OF CALIFORN1/1, FlS SNOIJN OP! A PARCEL HAP FILED III 6001: 1E~, PAGE 43 OF PARCEL P1FlPS, I IJ TII[ OFFI CF OF TNE CpUNTY R[CORDER OF SAI D ORANr,E COUPJ'fY . b/IiEREAS, the City Piann~no Commission did holcl a public hear~ng at the City ilrll in the City of Anaheim on htarch 22, 1°$2, at 1:3~ p.m., notice of said public hE~~r}ng having been duly civen as required by ia~y and in accordance with the provisions of the Anaheim Plunicipal Code, Chapter 18.~3, to hear and consider evicience for and against said proposed conditional use permit and to investigate and make findings and recorcanendations in connection there~aith; and 4111EREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reoorts offered at said hearing, does find and determine the follo~•~ing facts: 1. That the proposed use is properly one for ~~hich a conditional use permit is auttiorized by l;nalieim ~iunicipal Code Section ~~.03•~3~•~1~1 to wit: To permit a retail bakery in the IIL (Indu:trial, Limited) Zone. 2. That rctail sales shalt be limited to eight (3;;) percent of the total sales volume. 3. That the proposed use, as granted, ti•rill nat adversely affect the adjoining land uses and the growth and devetopment of the area in a~hich it is proposed to be located. ~F. Tliat the size and shape of the site praposed for the use, as granted, is adequate to aliow 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. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, ~oill not be detrirt~ental 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 ~aill not impose an undue burden upon the streets and higharays designed and improved to carry the traffic in the area. PC82-52 ~. /• Tliat no one indicated tfieir presence at saicl public hearing in opposition; and that no co;respondence was received in opposition to the subject petition. EPIVIROMMEfdTAL IHPACT FIfIDIIiG: That the Anaheim City Plannin_ry Lommission has reviewed the proposai to permit a retail 6al;ery in the 11L (Industrial, Limited) Zone on a rectangularly-shaped parcel of land consisting of approxi:nately 1.3 acres having a frontage of approximately 2l~4 feet on the east side of State College Boulevard, approximately 185 feet north of the centerline of 1•linston Foad (1310 South State College Boulevard); and does hereby approve che IJegativr-_ Declaration from the requirement to prepare an environmental impact report on the basis that tfiere would be no significant individual or cumulative adverse environmental impact due to the approval of this PJegative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensurate ~vith the proposal; that no sensiLive environmental impacts are involved in the proposal; that the Initia~ Study submitted by the petitioner indicates no significant individua~ or cumulative adverse environmental impacts; and that the Negative Declaration s ubstantiating the foregoing findings is on file in ttie City of Anaheim Plar~ning Department. tJ06l, TI1ER[FORF, DE IT RESOL'JED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the followtng 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 to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along State College Boulevard. 2. That the owner(s) of subject property sfiall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along State College Bouievard. 3, Th~t the rnrner(s) of subject property shall pay the ~ifference between the industrial and commercial traffic signal assessment fees (Ordinance Fdo. 3~96) for an area of 975 sGuare-feet, in an arnount as determined by the City Council. That subject property shall be developed substantially in accordance taith plans and specifications on file with the City of Anaheim marl:ed Exhibit Nos. 1 through 4, 5, That Condition Ilos, 1, 2, and 3 above-mentioned, shall be complied with prior to thr: comn~encement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or a~ithin a period of one year from date hereof, whichever occur~ i`~rst, or such further time as the P;an~ing Commission may grant. 6. That Condition tlo. 4, above-mentioned, shall be comp)ied with prior to final building and zoning inspections. -2- ~ CE IT I"URTIIER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this f;esolution is expressly predicated upon applicant's compliance aiith each and all of ti~e conditions hereinabove set forth. Should any sucfi condition, or any ~art thereof, be declared invalid or unenforceable by the final judgment of any c~urt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall 6e deened null and void. Tt1E FOREG011JG RESOLUTIOPI is signed and approved by me this 22nd day of f1arch, 1982. ~~ ~~~ CHA I RMAN, AtlAliE I Pi C I TY 1sLANIJ l t•IG COMM I SS I ON ATTES7: . ~ SECRETARY, AFlAtIEIM CITYy PLAN~11~1F11S5101! STATE OF CALlFORMIA ) COUNTY OF ORANGE ) ss. CITY OF AfJAliElld ) I, Edith L. Ilarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Ar~aheim City Planning Commission held on hlarch 22, 1982, by the following vote of the members thereof: AYES: C0,1MISSIOF![RS: k3ARIJES, f~OUAS, [3USHORE, FRY, HERBST, KID7G F~OES: COP1t1lSSIOh1EP.S: P10^JE A[iSENT: COF1M1 SS I ONERS : h1cE3UR(JEY IF! YIITPJESS WFIEREOF, I have hereunto set my hand this 22nd day of March, 1g82. ` ~.~ ~ .,,, - ~ ,~ ~ ~ SE~RETARY, ANAhIEIM CITY PLA~1DItPJG COMMISSION -3- PC82-52 r~'--:.:,,.••~..........._._. __.. _ ._.._....,