PC 85-63RESOLUTION N0. PC85-63
A RESOLUTION OF THE ANAHEIM C7.TY PLANNING COMMISSION
THAT PETITION FOR COND7TIONAL USE PERMIT N0. 2665 BE GRANTED
WHEREAS, the Anaheim City Planning Commigsion did receive a verified
Petition for Conditional Use Permit from EMKAY DEVELOPMENT AND REALTY COMPANY,
1500 Quail Street, Newport Beach, Cali£ornia 92u'60, ATTN: RICHAgD SMITA,
owner, and LANG-LAMPERT ARCHITECTS, 3152 Redhill Avenue, Suite 200, Costa
Mesa, California 92626, ATTN: DAVID LANG, agent for certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 3 OF A MAP RECORDF.D IN SOOK 121, PAGES 23 TO 27
INCLUSIVE OF PARCEL MAPS, RECORDS OP ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did ho.id a public hearina at
the Civic Center in the City of Anaheim on March 4, 19R5, at 1:30 p,m „ notice
;: of said public hear.ing havir.g been duly given as required by law and in
y
• accordance with the provisions of the Anaheim Municioal 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, sai~ Commission, af-ter due inspectionr investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered ac 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 18.61.050.400 to wit;
to permit retail sales of copiers in tne ML zone with waiver of the fo~lowing:
SECTIONS 18.06.050.022, - Minimum number of arkin s aces.
18.0_ 6,p_ Sp,p31~ (14 ~paces required; 11 spaces
18.06.080 proposed)
AND 1&.6i.U66.U~U
z. That the above-mentioned waiver is hereby granted on the basis
that the parking varia.nce will not cause an inccease ir. traffic congestion in
the imriediate vicinity nor adversely affect any adjoining land uses; and that
the granting of the parking variance under the cond?tions imposed, if any,
will not be detrimental to the peace, health, safety or general welfare of the
citizens of the City of Anaheim.
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.
adequate to 11 w the full devel pment~oftthe Site proposed Eor the use is
detrimental to the particular area nor to ther~peace use in a manner not
general welfare of the Citizene of the City of Anaheim, ~ health, safety and
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PC85-63
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detri.mental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
6. That the L•raffic generated by the proposed use wi.ll noL- zmpose an
undue burden upon the streets and highways designed and improved to carry the
t•raffic in ~he aree.
7. That no one indicated their presence at said public hearing in
oFposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FZNDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit retail sales of copiers in the
ML Zone with waiver of minimum number of parking spaces on an
irregularly-shaped parcel of land consistin9 of approximately 0.37 acre
located at the southe~st corner of Pacifico Avenue and Anaheim Boulevard, and
further des~ribed as 1950 South Anaheim Boulevard (COpierlar~d); and does
h~reby approve the Neyative Declaration upon finding that it has considered
the Negative Declaratiun 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 ther2 is no substantial evidence that the groject wi17.
have a significant effect on the environment.
NOW, THEREFORE, BE _~, RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are heceby found to be a necessary prerequisite
to the proposed use of the subject propecty in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall irrevocably offer to
dedicate to the City of. Anaheim a strip of land 58 feet in width from
the centerline of the street along Anaheim Boulevard for street
widening purposes.
2. That all engineering requirements of the City of Anaheim along
Anaheim Boulevar.d and Pacifico Avenue, including preparation of
improvement plans and insttllation of all improverents such as curbs
and gutters, sidewalks, water facilities, street grading and
pavement, sewex and drainage facilities, or other appurtenar.t work
shall be complied with as required by the City Enqineer and in
accprdance with specifications on file in the OfL'ice of the City
Engineer; and that security in the form of a bond, certi~icate of
deposit, letter of credit, or cash, in an amount and form
satisfactory i:o the City of Anaheim, shall be posted with the City co
guarantee the satisfactory completion of said improvements. Said
security shall be posted with the City prior to issuance of building
permits to guarantee the installation of the above-required
improvements prior to occupancy.
3. That ~ traific signal assessment fee equaling the difference between
the industrial and commercial assessment fees shall be paid to the
City of Anaheim in an amount as determined by the City Council for a
building a~ea of 4,600 square feet in area.
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4. That all driveways shall be constructed to accommodatA ~~n (10) foot
radius curb returns as required by the City T*wCLic Engineer.
5. That drainage of subject pr~~ccty sha.i] be disposed of in a manner
satisfactory to the ~ily Engineer.
6. That ~~Lject property shall be served hy underground uti~~:;~s.
7. That p;ior to commencement of structura~ fiaming, fire hydrants shall
be insL-a11ed and charged as rern:yLed and determined to be necessary
by the Chief of the Fire ^;;Yartment.
8. ~Phat tra~!; storage areas shall be provided and maintained in
3~^..GLdance with approved plans on file with I:ne Street Maintenance
a~~d Sanitation Division. Said trash :=torage area shall be located as
Far south on subject propcrt~; as Yossible.
9. That the design of the load'ng/unloading area shall be reviewed and
approved by the City Traffic Engineer.
10. That sidewalks shall be installed along Pacifico Avenue as r.eovired
by the City Engineer and in accordance c,ith standard plans and
specifications on file in the Office of the City Engineer.
11. That street lighting facilities along Pacifico Avenue and Anaheim
Boulevard shall be installed as required by the Utilities General
Manager in accordance with specifications on f-ile in the Office of
Util-ties General Manager, and that securi~y in the Eorm oE a bond,
certificate of deposit, letter of credit, or cash, in an amcunt and
form satisfactory to the City of Anaheim, :>hall be posted with the
City to guarantee the satisfactory completi~~n of the above-mentioned
improvements. Said security shall be ~osteci with the City of- ~naheim
prior to issuance of building permits. The abo•~e-required
improvements shall be installed prior to oc~upancy.
12. That prior to issuance of a building permit, primary watec main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Offica of rh~ titili~+_es General Manager.
13. 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 ninety (90) days from the date of this resolution,
whichever occurs first, the owner(s) of subjecL- p-operty shall
execute and record a co~enant in ri form approved by the City
Attorney's Office whernin such owner(s) agree not to contc:st the
Eormation of any assessment district(rt) which may hereafter be formed
pursuant to the provisions oi Development Agreement No. 83-01 between
::he City of Anaheim and Anaheim Stadium Associates, which district(s)
could include such owne.r's property. Failure to comply with this
conditioii within the specified time shall render tl~is conditional use
permit null and void.
14. That the curbing along :'~naheim Boulevard adjacent to subject property
shall be painted red Erom the southerly dciveway south to facilitate
on-street trash pick-up.
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15. That fire sprinklers shall be installed as required by the City Fire
Marshall.
16. That all air conditioning faciliti?s and other roof and ground
mounted equipment shall be properly shielded from view.
17. That the proposal shall comply with all signing requirements of the
ML Zone, unless a variance allowinq sign waivers is approved by the
Planning Commission or City Council.
18. That there shall be no ouL•door storage permitl-ed on subject property.
19. That this conditional use permit is suUject to the approval of
Variance No. 3450, now panding.
7.0. That subject ptoperty shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibi.t Nos. 1 and 2.
21. That prior to issuance of a building permit, or prior to commencement
of the activity authorized under this resolution, or within a period
oI one year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 2, 3, 9, 11, 12 and 19, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be qranted in accordance with Sec~ion 18.03.Oy0 of the
Anaheim Muni.cipal Code.
22. That prior to final building and zoning inspections or prior to
commencement of the activity authorized under ttiis resolution,
whichever occurs first, Condition Nos. 4, 5, 6, 8, 10, 14, 15, 16 and
20, above-mentioned, shall be complied with.
THE FOP.EGOING RESOLUTION is signed and approved by me this 4th day of
March, 1985.
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CHAIRWOMAN~ PRO TEMPORE
ANAHEIM CITY PT,ANNING COMIdISSION
ATTEST:
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SECRETAR ~ ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CZTY OF ANAHEIM )
j~ Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the focegoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on March 4,
1965, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ KING, LA CLAIRE~
NOES: COMMISSIONERS: MC BUANEY
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, Z have hereunto set my hand tnis 4th day of
March, 1985.
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SECRE?'ARY~ ANAHEI[~t CITY PLAf]NING COMMISSION
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PC85-63 ;,i~