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PC 82-35~, ~cso~urion ~io, res2.-;s P. RG501_UTI n~1 oF TfIE n;JAf(E I M c i ri c~~nri~i i~i~ r,~-~~S i ss t nr~ TiIAT PETITI~~I FnR C~PIDITIf!F1~L ~!SE PCR!~IT ~!~. ?~~~ fiF ~^h,~ITF.D 4lIIF('E/15, the ~.naheim fity P)~nninci f,ommissinn did receive a verified Petition for Condition~l Use Permit from RICIIP,RD f,. IIIINSAR[P, ?^,P~ ~qain Street, Santa P,n~, California, °7.7'17, ovrner, of certain real pr~~erty situ~ted in the City of Anahcir+, Coimty of Orange, State of Californi~, descrihe~i as: PnRCEL A PARCGL ~ r15 SHO~I~i o~~ n. ~~n~ ~' I LED I ~! Ei~qi; 1 1"s, P/1~FS ~~ 1 A!ID 1~? OF ~'~.RCEL ttAPS I t! TfiE OFFI CE OF TIIE COUNTY REC~RDFR f1F OR,qllf'E f,OUPITY, CAL I POR~1 I A. viir:~~ns, the City Planning Commission did hold a puhlic hearinn at tfie City liall in the City of Anaheim on Plarch ^, 1~87, at 1;3~ p,m., nntice of said ruhlic hearing having been duly given as rer~uired by l~t•~ and in accor~lance ~•iith the provisions of the: Anaheim 1lunicipal Code, Ch:~pter 1R.'13, to he~r and consider evirlence `or and against said pro~osed conditional use ~ermit ancl t~ investi9ate and make findings ancf recommendations in connection therer~ith; ind I/11ERFAS, said Commission, after due inspection, investigation and study rrNde by itself and in its hehalf, and after due conside n tion o` all evidence and reports offered at said hearin9, does firni and deterr~ine the follo~•~inn facts: 1. Tliat the pro~~sed use ~s pro~erly one for ~•rhich a conditional use permit is authorized by Anaheim Municipat Code Section 1".(1.n(n,~.n~ to o~it'to ~ermit retail sales in tiie IiL (Industrial, Limited) Znne. ~ 2. That the proposed use is hereby granted suhject t~ the petitioner's stipulation that total retail sales shall be lir~ited to 2; ef the total sales volume of the business. 3. That the proposed use is herebv granted fnr a period ~f ~~~ (1) year, subject to reviea~ by the plannin~ Cor~mission for ~ossihle extensions of time. ~E. That the proposed use, as granted, ~•~ill not adversely ~ffpCt the adjoininp land uses and the 9ro~•ith and development of the area in ~.rhich it is proposed to be located. 5. That tlie size and sha~e of the site prnposed fnr the use is adec~uate to allow the full developnent of the proposed use in a manner n~t detrimental to the particular area nor to the peace, healtli, safety, and general o-relfare of tlip Citizens of the City of Anaheim. ~. That the granting of the Condition~l Use Perr~it under the conditions imposecJ, if any, ~,~ill n~t he detrimental to the ~eace, he~ith, safety and general welfare of thc Citizens nf the City of Anahein. PC82-35 t~r ,.:.. .. . . . . . . . . . - . .. ~ 7. That the traffic generated by the ~ro~osed use wPll nnt impnse an ur~due burden upon the streets ~nd hiph~•iays desi~ned and ir~proved tn carry the tr~~fir, in the are~. F, That no one indicated their presence at said public he~rin~ in opposition; and thnt n~ c~rrespondence was received in onpos~ti~n t~ the sub.ject petition. EMVIROtJt1E~JT/1L IMPACT FIt,Dfll~: That the Anaheim City Planning Commission has revie~:~ed the proposal to permit retail sales in the ~iL (Industri~l, Limited? lone on an irre~7ularly-shaped p~rcel of lancl consistinr~ oF an~raximately 1.2 acre, hiving a frontage cf approximately ~ti feet on the south~•~est side of Regal Park Drive, and bein~ located approximately F•70 feet west of the centerline of f31ue ~um Street (?72~ East Regal Park Drive); and does hereby ap~r~ve the tlegative ~eclarati~n frnm the requirement to prepare an environmental im~act report on the h~sis that there would be no si~nificant indivi<lual or cumulative adverse environr~ental imoact due to the approvai of this tJegative Declaration since the Anaheir~ General Pian desinnates the sub_ject property for general industr'ial land uses commensurate a~ith the pr~~osal; that no sensitive environmen:al im~acts are involved in the pr~posai; that the Initial Study submitted by the petitioner indicates no significant individuai or cumulative adverse environmental impacts; and that the tle!iative ~eclaration substantiating the foregoing findings is on file in the City of llnaheim Planninq Department. NOl•!, THERFFORE, QE IT RCSOL\/ED that the Anaheim City Plannin~ Commission does hereby grant suh.ject Petition for Conditional Use Permit, ur~n the follcnving conditions 4lhich are hereby found to be a necessary prere~uisite t~ the ~ronosed use of the subject property in order to preserve the safety and general t•~elfare of the Citizens of the City of Anaheirn: 1. That the a•~ner(s) of s~b,ject prnnPrty shall ~ay the difference between the industrial and commercial traffic si~nal fees (~rdin:~nce -Jo. 3F~(} f~r 11(•,~ square feet of building, in an amount as determined hy the City Council, o-~ithin a period of G~ days of apprnv~l bv the Plinning Commission or no later than ~tay 3, 1~i2. 2. That subject property shall be developed substantially in accordance with plans and specifications on file ~~ith the City of /lnaheim marl;ed Exhibit tlos. 1 through 4. 3. That the proposed retail dinner~•~are outlet shall comply with ail sic~ninn requirements of the P1L zoning. 1~. That the retail sales activiL~es shall be limited to 2a of the total sales volume. 5. That the proposed use is hereby granted fcvr a period of one (1) year, subject to reviet~r for nossible extensions of time by the Planning Commission, upon written renuest fram the ~etiti~ner if it is determined that the use has not had an adverse im~act on surrounciinq industrial businesses. - IiE IT FURTtIEP, P,ESOLVEI~ that the llnaheim Citv Planning Commission does herehy find and determine that ad~ption of this Resoiution is expressly predicated upon apnlicant's compliance a~ith each and all of the c~ndittons hereinahove set forth. -2- Pc82-35 I / ~ /'-\ Sh~uld any such candition, or any rart thereof, be declared inv~lid or unen~orceable by the final judgment of any court of cor:petent jurisdicti~n, then this Res~lution, and any approvais herr_in contained, shall be deemed null and void. THE rnF~r,o~ r~r. RFSOLUTI (1M i s s i gned and approved by me th i s °th d~y of I~arch, 19$2. 9~ Q. ~~ CNP,IRHAPI, P.NAHE1~1 f,ITY PI.AFI~JIPI~ C014MiSSIOM ATTEST: ~uC.C~ oL ~ /~i1~~/ SECRETARY, ~qflHEIM ~ITY PLAtI~~INr. COMfllssl~t! STATE OF CALIF~RIJIA ) COUt~TY OF ORAIlGE ) ss. CITY OF l1PL~HEll1 ) I, Edith L. Ilarris, SecreCary of the /lnaheim f.ity I'lanninn Commission, do hereby certi`y tiiat the fore~oing resolution was passed and ~d~~ted at a meeting of the Anaheim City Plannin9 Commission held on 1larch ?, 1~R2, by the folloi~~inn vote of the members thereof: AYLS: COFt1•11SSIOMERS: 6ARtlES, 6USli0RE, FRY, IiERE35T, I:INR, MC QUR~lF.Y tlOES: COt•1h11S5(O~tERS: QOUAS AE3SENT: C(1Mt11 SS I Oh1ER5 : ~lOFI[ I t! 4l1TIlESS l•lHEREOF, have hereunto set my hand this ith day of t4arch, 1~R2, `~~ •~ 1~~+.~, SECRETARY, ANqHEIM CITY PL!ItJ!JI~Jr. C~MMISSInr~ -3- PC82-35