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Resolution-PC 92-134A RESOLUTION OF TFI~ ANAHEIM CI7Y PIANNING CUMMISSION THAT PETITION FUR GONDITIONAL U.`',E PERMIT NO. 3548 BE GHANTED WHEREAS, the Anaheim Cfty Planning Commission dfd receive o verifiod Petition for Conditional Uae Permit for r.ertaln real property s(tuated in the City of Ans~heim, County of Orange, St~t9 of Celfiornia, descr(bed as: THAT PQRTION OF LOT 6 OF SOUTH PLACENTIA TRACT NO. 2, PER MAP THEREOF l9ECORDED IN BOOK 5, PAGE 42 UF MiSCELLANEOUS A9APS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBEp AS FOLLOWS: BEGINNING A7 THE NORTHWtST CORNER OF SAID LOT 6, SRID NORTHWEST CORNER BEING UN 'THE CENTERLINE OF STATE COLLEGE 90lJLEVARD, FOFMERLY CYPRESS STREET, SHOWN AS AN iJNNAMED STHEET AIONG THE WESTEFiLY SIDE OF SAID LOT ON SAID MAP; THENCE NORTH 89 DEC~, 56' 44" EAST, ALANG THE NORTHE(~I.Y LINE CF SAID LOT, A DISTANCE OF 541.00 FEE7 TO THE WESTERLY LINE OF THE LANQ CONVEYED TO \~ANDRUFF HOfV~ES, INC., BY OEED RECORDED AUGUST 17, ty64 IN BOOK 7181, PAGE 834 OF OFFlCIAL RECORDS, RECORDS OF SAIO CGUNTY; THENCE SOUTH 0 DEG. 03' 16" EAST, ALONG SAID WESTERLY LINE, AND THE SOUTHERLY PROLONGATIUN 7HEREOF, 322.00 FEE? TO TH~ CENTERI.INE OF VIA BUR70lV STREET AS DESCRIBED IN THE DEED 70 7Hr CITY OF ANAHEIM, RFCORDED SEPTEMBER 3, 1959 IN BOOK 48fid, PAGE 525 OF SAID OFFICIAL RECORDS; 7HENCE SOUTIi 89 DEG. 56' 44" 'NEST, ALONG SAID CENTERLINE, 3A9.90 FEET TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE ()F YFSE IAND DE~CFiIBEL~ IN THE IEASE TO THE UNION OIL COMPANY OF CALIFORNIA, RFCOFlOEQ JULY 26,1962 IN SOOK 6191, PAGE 991 OF OFFICIAL RECOiiOS; THENCE NOR1'H 0 DEG, 16' d0' WEST, AI.ONG SAIp SOU7HERLY PROLdNGATION, AND ALQNG SAID EASTERLY Ul~IE, t72.00 FEET TO 7HE NORTHERLY LINE OF SAID LEASED LAND; THENCE SOUTH 89 DEG. 56' 44' WEST, ALONG SAID NO~iTHERLY LINE, 190.00 FEET 70 SAID CENI'ERLINE OF STATE COLLEGE BOULEVARD; 7HENCE NOR7H a pEG. 15' 00" WEST, ALONG SAIp f:ENTERLIN~, 150.00 F[ET TO THE PqINT OF BEGINNING. EXCEPTING THEREFROM 7HE EAS7ERLY 285.00 FEEf THEREOF. WHERE/1S, the City Planr~ing Commission d(d hold a publfc hearing at tho Civic Canter in tho City of Anahoim on Qctobar 5, tJ92, at 1:30 p.m., ~otfce of said publfc hearing having been duly pfven as requfred by law and fn accordance with the provisions oi tho Anahelm Muntcipal Ccxie, Chapter 18.03, ta hear and consfder evidence (or ond ogalnst said pr~posed conditional use permft anc! to irnestigate and rnako f(ndings and recommond~tions in connection ttiorewith; and tliat safd public hearfng was contlnuod to the October 19 and November 16, 1992 Planning Cnmmiasion meet!ngs; ond CR 16601dS.wp -i - PC92-134 WHEFlCAS, said Comm(sslon, after due fnspection, Irni~stigation And study niade by tt~elf and in its behalf, and after du~ considoration o9 all evidence and roporta offered at said hectring, doos iind and determine tFie following facts: 1. 7hat the proposnd use is proporly one for which a conditlonal uso permit Is authorized hy Anaheim Mu-:~clpal Code Soction 18.44.050.135 to permit converslon of an oxia~ting 58,286 sq.ft. Industrfal comp~~-: to a 9•unft commercial rotall centor wlih walver af tha tollnw(ng: ,~ectfon~1~08.050.q22. - Mlnlp~,um numbor o! oarki~,g s~gces. 18.06.050•031 7~ required; ~1 prop~secl) 18 0~6.080_ ~nd 10.44.066.Q~Q 2. That the parking vnriance wlll not cause an Incraase i~~ traHfc c~ngestlon In the Immediate v(cinity nor adversely aftect any adjoining land uses, and that tenants currAntly operatinp at auhJect prnperty have previously been approved for commerciaf retail usos through individual condRionel use permits without creating parking shortegos; 3. That the granting of the parking uerlance will not be detrimental to the peace, health, safety or c~eneral weliaro o( the citizens of ttie City of Anahdim because approval Is conditioned upon the property owner's recording t~ reciprocal ingress, e~ress and parkinp a~reement; 4. That the proposed use is proporly one for which a conditlonal use permit Is authorizod by the Zoning Code; 5. That the proposed use will not adversely aHect tlie adJoining Ianc1 uses and the growth and d~velopmont qf thc~ area in which it is proposad to ba lo~atad; 6. 7hat the elzo and ~h~pe o( the aite far the proposed use fs adequate to allow the tull development ni tha propased use in a manner nct detrfinental to the perticular area nor to the peace, health, safety and generui wolfare; 7. 7hat the traNic generatecl by the propo~ed use wiH not imnose an unduo burdon upon the streetr and hi{yhways desighed and improved to carry the traHic In the arva; 8. Yiiat the grantinQ of the condltfonal uso permft under ihe conditions Imposod rvill not be d~trimental to th~ peaco, hoalth, satety and generel wolfare of the citizens of the Clry af Anaheim; and 9. That no one indicatcxl their presence at safd public hoaring in oppositlon; end that no correspondonce H~AS rgcefved in oppo3ftlon to the subJoct potltion. CAI.IFORNIA ENVIRONMENTAL OU.el17Y ACT FINDING: That the Ar.ahelm City Plann!nQ Commission has reviewed the proposal to reclassffy subJoct property irom the ML (Industrlal, Ltmited) ta ;he CL (Commorcfal, Limited) Zone to permR converston of an extsting 58,286 cquare foat industrl~i complex to ~ S-unit commercial retail center with waivor of minimum number of parkfng spaces on an (rregularty shaped percol oi land consisting of approximately 2.62 acro3 Idcated at the northeast corner ot Via Burton Streot end State College Boulevarcl, having approximato frontagos of 201 teet on the north s(do ot Vfa f3urton 5troet end 5t6 teot on the east sf~e ot State Colloge Boulevard, and (urtl~er describoci as 150A • 1542 Nc-th Stato College 6ouiovard; and daes hereby approve the MegotNe Oec:l~retion upon finding tliat the declaration re8ects the indopendent ~udgement ot the lead agency and that ft has considored the Negative Doclaratfon together with any comrtsents recofved durinp the publtc revfew process end fu!ther flnding an tho t~s(s nf the inftfal study and any comments received thet there fs nu substantial evWence that the pro~ect will have a signHicant eNoct an tho ernirc-nmerrt. .2_ PCrYl•i;3A NOW, THEREFOFiE, BE I7 RF.S01_VED that the Annhelm City Planning Commisalon does hereby grant subJoct Petitlon for Conditional Use Permit, upon the tollowing conditlons which ere hereby found to be a necessary prarequlsite to thu proposed use of the subJect properry in orcler to prosorve the safoty and genoral welfare of the Citizens of the City of Anahelm: t, That a Plan Sheet for solid waste st~rage and collection, and a plan i~r recycling shall be suhmfttod to the Department of M~Intenance for revlew and approval. 2, That trash storage areas shall be refurbist~~d to the satisfactlon of the Dopsrtment of Malntenance showing compliance wlth approvad plans on (ila with said Department. 3. That the mezzani~ie floor level located fn the bufiding addressed at 1510 North State Callege qoulevnrd shall roma(n o storage area and sFiali not be converted to retail uses. 4. That sub~ect property shall be developed substantfally In accurdance with plans and apecitlcAtlons submltted to the City of Anahefm by ~ho petftionor and whlch plAns aro on fllo with the Planning Department marked Fiev(sion No. 1 of Exhibit No. 1. 5. That the commerclal uses permftted in connection with subJect commArclal retall center shall be conductau whclly within A bullding and ahAll bo Iimftod to tha following: a. Antique shops; • b. Appliance stores; c. Broadcasting studios; d. Buslness gorvfces, Including archftectural, engineering, drefting, rnarket research, secretarial end answering servlces; e. Canservatories and studios; i. Furriiture stores; g. Hobby shops; h. ~nterlor decorators; I. Jewelry and tapfdary shops; ~. Locksmiths; k, Roconditioned and/or used furniture ar~d appllance stores, exctuding thrik stores; I. Fleproduotion services; and m. Small equlpment rontAl, such as tools and party supplies. 6. That prior to commencement of the actfvity author(zed by this resolution or within a perlod oi one (1) year Irom the date of thla resolutfon, wh(chever oacurs t(rst, Condftion Nos. 1, 2 and 4, abnv9-msntioned, shali be compliad wfth. Extenslons fnr furthor time to complete safd conditlons maV be granted In accordance with Section 18.03.09G of the Anaheim Municlpal Caie. 7. That approval of this applicat(an constftutes epprovbl oi the prnposed request anly to tho sxtent that it complies with thR Anahelm Municipal Zoning Code and any other appllcable Cfty, ~tate and Foderal regulations. Approvnl does not Include any actfon or (indings as to compliance or t+pproval oi the roquest regarding any other applfcsbte ordinance, regulation or requlrement. fiE ~T FURTHEk RESOWED that the Anahetm City Planning Commisslon does hereby tind ancf determine that adoption of this Resolution Is expressly predlcated u~ion applicant's compllence wlth each pnd ali oi the condlt(uns hereinabove set forh. Should any such condftion, or any part theroof, k~ doclared tnvalid or uneniorceabiP by the final Juclgment of any co~rt of compotqnt Jurisdictlon, then thle Resoiution, ard any epprrnals harefn contalned, shall ne deemed null and votd. .3. Pf'92-134 .vNr1 ~ THE FOREGQING RESOLUTION was November 18, 1992. CHAIRMAN, ANAHEIM CITY PLANNIN.r'i A77EST: _ i ~ ~~ ~%7!+tl~ ~ ~e~ S~C(j ARY, ANAHEI~~ITY PL4NNING CQMMISSION L~ STATE O~F CALIFORNIA ) COUN7Y OF ORANGE ) ss. CITY OF ANAHEIM ) meoting ot . I, Janot l, Jensen, Secr~tary of the Anaheim City Planning Commisalon, do hereby certit,y that the foregoing resoluNon was passod and adopted at a meeting of the Anaheim ~ity Pianning Commiss!on held an November 16, 1992, by the fallowing voto of the membors thereof: l,YES: COMMISSIONERS: BRISTOL, HENNINGtR, MESSE, PERA7A, TAIT, ZEMEL NOES: COMMISSIONERS: NONE ABSENI': COMMISS!QNERS: NONE ~ VACHNCY: ONE SEAT ~ IN WITN::SS WHEREOF, I heve hereunto set my hand this,~,/j~, day o( ` ~ . „•i, t~J92. ~ _ ~ ~?~~~~ •~ ~ 1~ ; GHETARY, ANAF IM CITY PLANNING COMMISSION S / ~ i ~ ~ .q. PC92-t 34