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Resolution-PC 97-114~ ~ HESOLUTION NO. P 7-114 A I~ESC?Ll,"±~GN OF THE ANAHEIM CI7Y PLANNING COMMISSION THAT PETIT!ON FOR CANDITIONAL USE PERMIT NO. 3958 BE GRANTED WHEREAS, the Anaheim Ctty Planninfl Commission dfd receive a veri8ed Petftion for Conditional Use Permft for certafn real property sRuated in the City of Anahefm, Counry of Orange, State of Califomia, described as. THE WESC HALF OF LOT 5 OF HELEN AND LYNCN'S SUBDIVISION, I:V THE CITY OF ~1NAHEIM, AS SHOWN QN A MAP THEREOF RECORDED IN BOOK 442, PAGE 1~8, OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIPORNIA WHEREAS, th6 Cfty Planning Commtssbn did hdd a pubUc hearing at the Civic Center in the City ~f Anaheim on August 4, 1997 at 1:30 p.m., notice of said public hearing hawing been duly given as required by Iaw and (n ac:cordance with the provisions of the Anahefm Municipai Code~ ChaPter 18.03, to hear and consider evidenc+~ for and agafnst sa(d proposed conciftionai use permit and to investigate and make ftndings a.~d reccmmendations fn connection thereuvfth; and WHEREAS, sa~i Commission, after due inspectfon, irnestigatlon and study made by ftself and in fts behalf, and after due consideration of ali evfdence and reports offered at said hearing, does flnd and determine the fdlowing facts:. 1. That the proposed use is properly one for which a condftional use peimft is authorized by Anaheim Municipal Code Section 18.44.050.135 to permft corrversfon of a ti,752 sq. ft., 2-unR commercial office buitding to an &unit commerc:sl reiail center, 2. That the propo;,ed use will not advers~ly affect the adjoining land uses and the growth and development of the area in which R(s proposed to be located because this bui{ding is locateci adjacent to retall uses and the proposed retali unfts would be compatible with arxl comp~ementary to those sunoundin~ lanc! uses; 3. That the size and shepe of ti~e site for the psoposed use is adequate to allow the full development of the proposed use in e manner not detnmerrt~l to the particular area nor to the peace, health, safety and general welfare; 4. That the traffic generated by the proposed uso wflt ~ot impose an urxiue burden upon the streets and highways designed and fmproved to carry the traffic in the area because adjacent and nearby streets (including Eudkl Stroet) were designed to suppoR retail uses; 5. That the granting of the conditiona~ use perrnft, under the condftbns imposed, w(Il not be detrlmental to the peace, heatth, safery arxl general weHare of the citlzens of the Cfry of Anahe~m because the proposed resail and office uses will provlde a service to the local communtty; and 6. That no one ind~ated their presence at safd public hearing in opposkion~ and that no correspondence was receNed in opposRion to the sub{ecc petition. CR3007PLWP -1- PC97-1 t4 ~ ~ ~AUFORNIA €,"",/IROPIMENTAI QUALITY ACT FINDING: That the Anaheim City Planning Commission has revlewed the proposal to cornert a 4,752 sq. R, 2-unit commercial offfce buildfng to an 8-unit commercial retsil center on a 0.62 acre rectangula~iy-shaped property, having a frordage of 10C feet on the east side of Eud(d Street and a maximum depth of 275 feet and being located 330 feet north of the centerline of Broadway (240 South Eudid Street); and dues hereby approve ihe NegatNe Declaration upon flnding that the dedaration reflects the independeM judgement of the lead agency arxi that it has cansidered the NegatNe Dedaratfon together wfth any comments receNed durfng the publ(c review process and further flrxifng on the basls of the tnftlal study and any commertts receNed that there is no substantial evidence that the project will have a signHicant effect on the ernironmeM. NOW, THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commisslon does hereby grant subJect Petitbn for CondRional Use Permft, upon the fdla-atng conditions which are hereby found to be a necessary prereqtiisfte to the proposed use of the subJe~ property in order to preserve the safery ar~d general welfare of the Cftizens of the Ciry of Anaheim: 1. That signage for subJect facpiry shail be Iimited to that shown on the exhibits s~bmitted by the petftioner. Any addfttonal signaga shall ba subject to revfew and approval by the Plannirg Commission as a'Reports and Recommendatbns' item. 2. That no restauraM or fast faod uses shall be pem-ftted• 3. That no sfgns wrhat-so-ever shall be permftted on the exterior awnings. 4. That lettering of the proposed wal~ si9ns shal~ match and be complementary to the freestarxiing sign/monument sign. Plans shall be submitted to the Zoning Dfv(slon for app~'ovat showing the specific lette~ing and sign copy. 5. That, as indicated on Exhibft No. 1 of the approved exhibits: (a) The suRes labeled 1, 3, 4, 7 and 8 shall be Iimited to retait saies or office use; and (b) The suitas labeled 2, 5, artd 6 shall be Iimited to office use only. 6. That plans shall be submitted to the Ciry Traffic and Transportation l~llanager for review and approval showing confomiance with the latest revisia~s ot Engineering Standard Plan Nos. 436 and 602 pertafning to parkin~ standards and drN~'f•~y locatlons. SubJect property shall thereupon be developed and mairrtained in,c;or~orm~nc>,:, ~~ _n said plans. ~'~-~~_-- ~~~~ ~ ,i ~ ~ 7. That a minimum of Me (5), ml'n~~,num ffftee~~ (1~3) gallr,n s~sd, t~ees shall be plarrted in the on-sfte placiter adjaceM to ~uciid S2reEt. " ; 8. That the propnsed monument sigrt shall be a r~.aximum eight (8) feeY high, as measured from the grads of tiie adjacent sk1~Jk, and sha~l ba ^onstnjcted within a planter area completely sunound(ng the base of said sign. 9. That subjecc propertY atial~ be de~eloped substarn(ally in accordance with plans and specHications submitted to the City of Anahe~m by the petftbner and which plans are on flle wfth the Planning Department marked Exhibft Nos. 1 and 2; and as condftioned herein. 10. That prior the occupancy of anY of the units or wfthin a period of one (1) year from the date of this resolution, wh~hever occurs flr~t, Condftion Nos. 4, 6, 7 and 9, above-meMbned, shall be complied wfth. Extensions for fur~~~r i:me to complete said co~ditions maY be 9raMed ~n accordance with Section 18.03.090 of the Anahelm Muhicipal Code. -2- PC97-114 ~ ~ 11. That approval of this appikatbn constftutes aPproval of the proposed request oniy to the exterrt that it complies wfth the Anaheim Mun~ipal Zoning Code and any other applicable City, State, and pederal regulations. Approvai does not indude any aciton ur flnding as to compUance or approval of the request regarding any other appUcabie ordinance, regulatlon or requiremerd. BE IT FURTHER RESOLVED that the Anaheim City Planning Commissfon does hereby ftnd and determine that adoption of this Resolution is expressly predicated upon applicar~Ys campliance with each and ail of the condRions herefnabove set forth. Should any such condRlon, or arry part thereof, be declared irnalid or uneMorceabie by the flnai judgment of any court of c~mpetent ju~isdiction, then this Resolution, and any approvals herein contahied, shall be deemed nuil and vo(d. THE FOREGOING RESOLUTION was adoptad at the Planning Commission meeting of August 4, 1997. C!iAIRPERSON ANf+HEI CITY PLANNING COMMISSION ATf~ \\~~ SECRETARY, EIM CITY PLANNING COMMISSION STATE OF CAL.IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEiM ) I, Margarita Sdorlo, Secretary d the Anahelm Ctty Planning Commission, do hereby certi(y that the foregoing resolut(on was passed and edopted at a meeting of the Anahefm City PlanNng Commisslon held on August 4, 7997, by the fdlowing vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK SOYI~STUN, BRISTJL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIOMERS: NONE ABSEfVT: COMMISSIONERS: MAYER IN WITNESS WHEREAF, I have hereuntp set my hand this ~ day of ~~~~, 1997. ~ ~~ , _ • , dt,6~-tu4~ SECRETAAY, AHEIM CITY PLANNING COMMISSION ~3- PC97-114