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PC 78-159RESOLUTION N0. PC78-15.9 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PER111T N0. 1842 BE GRANTED WHEREAS~ the Anahelm City Planning Cortmission did recelve a verifled Petitlon for Gonditional Use Permit from EQUITEC 77-REAL ESTATE INVESTORS, P. 0. Box 1106, Lafayette. Caiifornla 94549, owner~ and JIM'S DISCOUNT NAREHOUSE, 1611 South Sunkist Street, Anaheim, Californla 92806, agent, of certaln real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of the Northeast quarter of Section 26, Township 4 South, Ran9e 10 West in the Rancho San Juan LaJon de Santa Ana, as shown on a Map recorded in book 51, Page 10 of Miscellaneous Maps, records of Orange Councy, Gallfornia, descrtbed as follows: Parcel 1~ as shown on a Map recorded ln book 81, page 32 of Parcel Maps ln the Office cf the County Recorder of said Orange County. WHEREAS, the City Planning Cortm~isslon dId schedule a public hearing at the City Hall in the Ci[y of Anaheim on June 19, 1978, at 1:30 p.m., notfce of satd pub~ic hear(ng having been duty given as required by law and in accordance with the pravisians of the Anaheim M~nicipal Code. Ghapter 18.03, to hear and consider evidence for and ayainst satd proposed conditionat use and to investigate and make f7ndings and recommendatfons in connectlon therewith; sald public hearing havTng been continued to the Planning Comnissfon meeting of July 17~ 1g76; and NHEREAS, said Cortmission, after due inspection. investigation and study made by itself and in its behalf, and afier due cansideration of all evidence and reports offered at said hearing, does fi~d and determine the following facts: 1. Thai the proposed use is properly one for whtch a co~ditional use permit is authorized by Anahelm Muntcipai Code Section 18,03.a30.010 to wit: to permit the retail sale of furniture in the ML (Industrlal, Limited) zone. 2, That the proposed use is hereby granted on the basis that nearby property on the north side of Katelia Avenue is currently developed with commerciai uses; that the use is existing and has caused no adverse parking or traffic problems to the surrounding industrial area; and that the large warehouse-type industrlal facilitles located on subJect property are appropriate for the proposed use which tncludes the storing, assembiing, and finishing large pieces of furni[ure. 3, 7hat the proposed use will not adversely affect the adJoining land uses and the growth and develop~ent of the area in whtch Pt Ts proposed to be located, 4, That the size and shape of the sTte proposed fcr the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general wetfare of the. CTtlzens of the Ci:y of Anahelm. 5. That the grantin5 of the Conditional Use Permit under the conditTons imposed, If any, will not be detrimental to the peac~. health. safety and general welfare of the Citlzens of the City of Anahefm, PC78-t59 i •. j 6. That no or.e (ndicated thelr presence at said public hearing in oppositlon; and that no correspondence was receTved in oppositlon to the subJect petitton. ENVIRONMENTAL IMPACT FINDING: The Planning Di~ector or his authorized representative has determ ned that the proposed proJect falls within the definltion of Categorical ExempCions, Class 1, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report G~ii~ellnes and ts. therefore, categorically exempt from the requirement to prepare an EIR, NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planntng Commtssion does hereby grant subject Petition for Condltional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use oP the subJect property In order to preserve the safety and general welfare of the Citizens of the Ci[y of Anahelm: 1. That the owner(s) of subject property shali pay the traffic signal asse~smen[ fee difference between industi'ta) and commercial uses amounting to $333.00 per 1000 square feet of bullding nr fraction thereof. 2. That subjeci property shall be developed substantiatly in accordance wi[h plans and speclfTcattons on file with the City of Anahetm marked Exhibit Nos. 1 and 2. 3. That Condition No. 1, above-mentioned, shall bc complled with prlor to the commencement of the activity authorized under this resolution, or privr to the time that the building per,nit ts issued, cr withln a period of onc: year from date hereof~ whlchever occurs ftrst. or such further tlme rs the Planning Commission may grant. BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby find and determtne that the adoptton of this Resolu[ton is expressly pre~licated upon applicant's compllance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be deciared Invalid or unenforceable by the finat judgment of any courc of competent Jurisdlciton, then this !tesolution, and any approvals herein contained, shall be deemed null and vold, 1978. THE FOREGOING RESOLUTION is signed and approved by me this 17th day of July, ~r~~f~F+~'~'RO-,f'E~b7'E C~i'u~e,,.s~ ANAHEIM CITY PLANNING CQMMISSION ATTEST: (p ~-~^ ~ l~'~ca ECRE AR , ANAHEIH CIT LAN ING COMMISSION -2- PC78-t59 . ' ~...~ t=1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Secretary of the Anaheim City Planning Canmission, do hereby certify that the foregoing resolutlon was passed and adopted at a meetTng of the Anahelm Clty Planning Commisston held on July 17~ 1978, at 1:30 p.m.~by the fotlowing vote of the members thereof: AYES: COMMISSIONERS: BARN~S~ DAVID, JOHNSON, KING~ LINN~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COHMISSIONERS: HERBST IN NITNE55 WHEREOF. I have hereunto set my hand this 17th day of July~ 1978. tG~ ~ ~ SECRETARY, ANAt1E1M CITY PLANNING COMIIISSION -3- PC78-159