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Resolution-PC 92-47R-~.Q ~~~C~~Z PS'~'~-47 A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COIvIMiSSION APPROVING MODIFICb'I'ION 'TO CONDITIONAL USE PICRMIT 1V0. 3302 WI-IEREAS, on July 16, 1Q90, Reclassification No. 90-91-OS and Conditional 'Use Permit No. 3302 were a~praved by the Anaheim City Planning Commission to rezane subject property from CG "Commercial, Gene:al" to CL "Commercial, Limited" and to permit a 7,130 square-foot, 5-unit commercial retail center. WHERCAS, the petitioner nuw requests ~-ppraval to permit the interior mndificution of a previ~usly-~Pproved 5-unit commercial retail center to allow an additional unit for a tr~tal of 6 units. WHEREAS, the City Planning Commission did hol~ a public hearing at tUe Civic CCnter in the City of Analieim on April G, 1992, at 1:30 p.m., notice of said publie l~earing having been duly given as required by law and in ac~ordance with thc p.rovisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said prupased modification and to investigate and make findings and recommendations in connecticn therewith; and WHEREAS, said Cornmission, after due inspection, investigation and study made by itself and in its behalf, and ufter cSue eonsider~tinn af all eviclenee and reports offered at said hearing, does find and determine *.he following facts: 1. That the propused use is pruperly one for which a conditional use permit is authorized by Anaheim. Municipal Code Section 18.44.050.135 to germit the interioc mociification of a previotisly-approved 5-unit commercial ~etail cer.ter to allow 6 units; 2, That the proposed use (c~mmercial retail c~nter containing three (3) or more units) is properly one for which a conditiunal use pcrmit is authori7ed; 3. 'I'hat the proposed modi~catian will not add square fo~tage or alter the exterior structural elements of the existing building, nor i.acrease required ~n-site parking; 4. Th~t the proposed modi~cation will not adversely affect adjoining land uses nor be detrimental to thc health, slfety or general welf:are of the surroiinding community; 5. That the size and shape of the site for the proposed use is acleq~atc to allow the full developmcnt of the proposed use in a manner not dctrimental to the p~rticular arsa nor to the peace, iiealth, safety, and general welfare; (:R1470MS.vvp - l- FG92-47 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improveci to carry the traffic in the area; and 7. Th~t no one indicated their presence at said public hearir~g in opposition; ~ind that no correspondence was received in opposition to the subject pstition. ,~Q~,1FQ~ZNIA E~IVIRQ T*.~ ~LITAf ~ j'1'Y ACC FINDING: Tl~at. the Anaheim City Planning Commission has rsviewed the proposal to permit the interior modifiication of a previously-approved 5-unit commercial retail center to allow a sixth tiinit on a rectangularlyshaped parcel of land consisting of approximately U.48 acre located at the norttieast corner of Water Street and An~heim Boulevard, having approximate fronta$es of 142 feet on the north side of Water Street and 150 feet on the e~~st side of Anaheim Boulzvard, and further descritsed us SS8 South Anaheim B~ulevard; and does hereby approve the Negative Declar:stion up~n finding that the declaration reflec~s the independent judgement of the leaci agency ~.nd thut it has considered the Negative I7eclaration tagether with any comments received durin~ the public review process and further finding on the basis of the initial study und any comments received that there is no substantial evidence that the project will have d significant effect on the environment. NOW, THEREFORE, BE IT I2ESOLVED tl~at the Anaheim City Planning Cummission does hereby grant sut~ject Petition for modi~cation of Conditional Use Permit No. 3302, upon the following conditions which are hereby faund to be ~ n~cessary prerequisitc to the proposed usc of the subj~ct property in order to preseive the safety dnd general welfare of the Citizens of the City of Anaheim: 1, Th~t tra.~h storagc areas shall be refurbished to the satisfaction of the Department of Mlintenance to cocnply with approved plans on file with said Department. 2. That a Plan Sheet for solid waste storage and collection, and a plan for recycling shall be submitted to the D~~partment of Maintenance for review and approval. 3, That subject property shall be developed substantialiy ii~ accordance with plans and speci~cations submitted to the City of Anaheim by the petitioner and which plans are on ~le with th~ Plan~iin~ Department marked Revision No. 1 nf Exhibit Nos. 1 and 2. 4. '1'hat prior to issuance of a building permit or witi~in a period of one (l) year from the date of this resolution, whichever occurs first, Gondition Nos. 1 and 2, above-mentioned, shtill be complied with. Extensions fur further tim~ to complete said conditions may be grunted in accordance witt~ Sectioti 1R.03.090 of the AnahPim Municipal Cade. 5, That prior to ficial buildir.g and zoning inspections, Condition No. 3, above-mentioned, shaU be complicd with. -2- PC92-47 C. Th~lt approval of this application constitutes approval of the proposed request oniy to the extent that it complies with the Anaheim Municipal Zoning Code and a~ry other zpplicuble City, State nnd Federal regulations. Approval does not incluJe any action or findings as to compliance or approval of the request regarding an}~ other applicable ordinance, zegulation or requirement. BE IT FUR1'H[ER R~SOLVED that the Anaheim City Plannireg Commission does her~by find and determinc that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the c,anditions hereiiiabove set forth. Should auy such condition, ar any part ti ~ereof, be declared invalid or unenforceable by the final judgment of any caurt of competent jurisdiction, then this Resolution, and any app~ovals herein contained, shall be clcemed null and void. THE FORN GOING RESOLUTION was adopted at the Planning Commission meeting of April 6, 1992. /"f ~~ ~I % / ~ ' ~~..~~ C;l~f~~ ~ CH~,[~NAHEIh TY S N ING COMMISSION ATTEST: ~ CL/ u.~c..~ , ~~ /L~ ~ . ~CU ,Q,. SECRETARY A,~~Itvi CI'fY PLANNING COMMISSION 5TA'S'E OF CALIFORNIA ) CUUNTY O~ ORANGIE ) ss. CITY OF ANAHEIM ) d, Margarita Solorio, Secretary of the Mat-eim Ciry Planning Commission, do hereby certify that the fore~oing resolution was passed and arlopted at a meeting of the Anaheim Ciry Plaan.ing Comn~ission lield an April 6, 1992, by the following vote of the memUers thereof: A'YES: COMMISSIONERS: BOUAS, BItISTOL, HELL,Y~R, H'.ENNINGCR, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIUNERS: 7.EN1EL IN WITIVESS WHFREOF, I have hereunto set my hand this _~~ day of ~~ ,. ~ . Z , , 1992. ~, ; ? ,~ ~ ,; t, , [, C ~ `o /c~ ~. SECRETAR~I; ANA-~-iEIM CITY PLANNiP~G COMMIS~ION -3- PCg?.-~l7