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PC 83-217-~ RESOLUTION N0. P(;g3-217 '::e`I ~'' A RESOLUTSON OF THF. ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2507 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitio~ for Conditional Use Permit from BETH ADAMS, LTD., 1545 Wilshire Boulevard, Los Angeles, California 90017, owner, and DAVID V. ADAMS, 1545 Wilshire Boulevard, Los Angeles, California 90017, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 200,00 FEET OF THE EAST 440.00 FEET OF THE SOUTHEAST QUARTER QF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22~ TOWNSHIP 4 SOUTH RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE, STATE GF CALIFORNIA~ AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 410 FEE?' THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 1983, 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 far and against said proposed conditional use permit and to investigate and make findin9s and recommendations in connection therewith; and WHEREAS, said Commission, after due inspectioa, investigatzon 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 following facts: 1• That the proposed use is properly one for which a conditioc.al use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 5 18.06.080 to Wit: to permit retail sporting goods sales in the ML (Industrial, Limited) 2one with waivers of: (a) SECTIONS 18,06.050.022 and .031 - Minimum number of parkinq AND 18.61.066.050 s aces (62 soaces required; 46 spaces proposed) (b) SECTIONS 18.04.045.012 - Minimum landscaned setback 18.61.063 AND (20_reauired alona Katella Ave 18.61.063.Oi3 and 5 feet required along 2eyn Street; 0-16 feet and 0 feet proposed) Z• That the requested waiver (a) is hereby granted on the basis that the patking variance will not cause an inccease in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the granting oE the parking variance under the conditions impos~d, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens og the City of Anaheim. #0088r PC83-217 .^~ i~ 3. That the requested waiver (b) is hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location or sur.roundings, whirh do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed ko be located. 5. That the size and shape of the site proposed for the use is adequate to allow 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. 6. That the granting of the Conditiona: Use Permit Under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare cf the Citizen~ of the City of Anaheim. 7. That the traffic generated by the proposed use 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 Fublic hearing in opposition; and that no correspondence was received in opposition to the sub;ect petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit retail s ortin the ML {Industrial, Limited) Zone with waivers of min mum n mber d~psales in spaces and minimum landscaped setback on a rectan ularl Parking consistin of a 9 Y-shaped parcel of land 9 pproximately 0.87 acres, located at the northeast corner of Katella Avenue and 2eyn Street, and further described as 131 West Katella Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOFi, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subjecl• Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the rubject property in order to preserve the sa£ety and general welfare of the Citizens of the r.ity of Anaheim: 1. That sidewalks shall be installed along Zeyn Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office uf the City Engineer. 2. That street lighting facilities along Katella Avenue and Zeyn Street shall be installed as required by the Utilities G~neral Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form oE a bond, certificate of deposit, letker of credi.t, or cash, in an amount and -2 PC83-217 ~ .--_. ,;c.;i s. i ';. '.i form satisfactory to the City of Anaheim, shall be posted with the City to guar3ntee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval o£ building permits. The above-required improvements shall be installed orior to commencement of the act.ivity authorized by this resa).ution. 3• That L•rash storage areas shall be provicled in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4• That the existing structure shall be brought up to the minimum standards of the C.ity of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim,. 5• That the owner of subject property shall submit a letter requesting termination of Cond~cior,al Use Permit No. 1761, and Variance No. 2976 and Conditi~~nal. Use Perriit No. 2198 to the Planning Department. 6• That subject pro~:~rty shall be develop~d substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 7• That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occiirs first, Condition Nos. 1, 2 and 5, above-mentioned, s;~a11 b> coanplied with. F,xtensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 8. That pr.ior to final building and zoning inspections, Condition Nos. 1, 3, 4 and 6, abov~-mentioned, shall be complie9 with. BE TT FURTHER RESOL'JED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invaliu or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein c.ontained, shall be deemed null and void. THE FOREGOING RESOLUTION is s.igned and approved by me this 14th day of November, 1983. - ~''~~~ ~~~~~~ CHAIRWOMA~~~NAH~fPt CI'CY PLANNING COMMISSION ATTEST; ~ ! ~~ _~~~ ~~ ~~r~r.~" SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC83-217 ~. ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) S„ CITY OF ANAHEIM ) Commission,~do hereby .certifySL•hat the aforegoing hresolution asty P~anning adopted at a rneeting oE the Anahe.im City Planning Commission held na No ember 14, 1983, by the following vote of the mernbers thereof: AYES: COMMISSIONERS; BOUASr BUSHORE, HERBST, KZNG, NOES: COMMISSIONERS: NONE ABSENT; COMMISSIONERS; PRY, LA CLAIRF, ABSTAIN: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOh, I have hereunto set my l~and this 14kh day of November, 1983, ~r0i~/ ~~i~ ' SECREt'ARY~ ANAIiEIM CITY PLANNING COMMISSION .:;, -4- PC83-217 ;. .. ~~ ' v ; _ ., ... _ . ~~