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PC 83-236~,~•` ~~ i' ~.a. '`!:;;;~ .. .. '~.~ k RESOLUTION NO. PC83-236 A RESOLOTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2517 BE GRANTED WHEREAS, the Anaheim City ?lanning Commission did receive a verified Petition for Conditional Use Permit from PARKS PROPER"~IES, INC., ET AL., 903 East Alosta, Suite D, Glendora, California 91740, owner, and .70HN C. VERHOEVEN, 24602 Raymond Way, Suite Q-111, E1 Toro, CaliEornia 92630, agent of certain real property situated in the City of Anaheim, County of Orange, State oE California, described as: LOT 1 OF TRACT NO. 5452, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED FEBRUARY 11, .1965 IN BOOK 2].1~ PAGES 1 AND 2, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 17., 1983, at 1:30 p.m., n~tice of said public hearing having been duly given as required by law and zn 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 hHEREAS, saici 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 hearin9, 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 18.61.050.450 to wit: to permit an indoor pitching and batting academy in the ML (In~ustrial, Limited) 2one with 18 parking spaces. 2. That the proposed use is hereby granted and that the petitioner stipulated that there would be no arcade in conjunction with said use. 3. 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 to be located. 4. 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 w~l£are of the Citizens of the City of Anak;eim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental 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 will not impose an undue burden upon the streets and highways designed and improved to cazry the traffic in the area. #0107r PC83-236 ~~ ,-. 7. 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 Commissi.on has reviewed the proposal to permit an ir.door pitching and batting academy in the ML (Industrial, Limited) Zone with 18 parking spaces proposed on a rectangularly-shaped parcel of land consisting of approximately 0.4 acre located at the southwest corner of Lacy Avenue and East Street, and further described as 1Q40 Lacy Avenue; and does hereby approve khe Negative D~claration upon finding that it has considered the Negative Declaration together with any comments received durin9 the public review proce~s and further finding on the basis of the initial study and any cenments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby granL• subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposec7 use of the subject property in order to preserve the safety and 9eneral welfare of the Citizens of the C.ity of Anatieim: 1. That sidewalks shall be installed along Lacy Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That curbs shall be repaired along Lacy Avenue as cequired by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That prior to issuance of a building Fermit or commencement of the activity herein approved, whichever occurs first, a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the CiGy of Anaheim in an amount as determined by the City Council. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintr.nance and Sanitation Division. 5. That the owner of subject property sha11 pay to the City of Anaheim a fee for street lighting along Lacy Avenue and East Street in an amount as determined by the City Council. 6. That due to the chan9e in use and/or or.cupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The approprial•e permits shall be obtained for any necessary work. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. ~`~ PC83-236 8. That prior to issuance of a building permit, Condition Nos. 3, 5 and 6, abo~~e-mentioned, shall be complied with. 9. That priot to final building and zoning inspections, Condition Nos. 1, 2, 4 and 7, above-mentioned, shall be complied with. 10. That the:e shall be no arcade in conjunction with this use. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does l~ereby 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 invalid or unenforceable by Che final judgment of any court of competent jurisdiction, then this Resolution, and any approvals hecein contained, shall be deemed null and vaid. THE FOREGOING RESOLUTIUN is signed and approved by me this 12th day of December, 1983. 7 -cr~ /f~' -% - /~~.~~ CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSION // ATTEST: 4~.~iC. ~ i~l6L.tit..Gai SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAH~IM ) I, Edith L. Harris, Secretaty 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 December 12, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST~ KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of December, 1983. G~ cQGL'rC. ,( . /~.~ ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC83-236