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PC 78-49RESOLUTIO~~ N0. PC7$-49 A RESOLUT I Oti OF TIiE At1AHE 1 M C I TY PLANN 1 Nr, C0:1H I 55 I ON THAT PETITION FOR CONDIT~ONAL USE PER!11T N0. 1807 BE GRANTED WHERtAS~ the Anaheim City Planning Commission did receive a verified Pe[ition for Conditional Use Permlt from NICNAEL J. At~D JERI J. GARAN, and BRUCE L. AUD OMA LEE ARMSTRONG, 1775 East Lincoln Avenue, Anaheim, California 92305, owners, and DAtI WILCOX~ 15363 Del Gado Drive, Sherman Oaks, California 9t403 and DOUG HARTMAt~, 38~+2 San Ansellne Avenue, Long Beach, California 90808, agents, of certain rea! property situated in [he City of Anaheim, Coun[y of Orange. State of California, described as: That portion of Lot 1 tn Block 10 of the Golden State Tract, as shown on a Map recorded in Book 4, pages 66 and 67 of Miscellaneous Maps, records of Orange County, California, described as follows: Parcel 8, as shown o~ Map recorded in book g4, page 48 of Parcel Maps in the office oF the County Recorder of said Orange Lounty. WHEREAS, the City Planning Commission did hold a pubtic hearing at the City Hall in the City of Anahetm on March 13, 1°7a, at 1:30 p.m., notice of satd public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 13.03, to hear and consider evidence for and against said aroposed conditional use and to investigate and make findin9s and recommendations in conneccion therewith; and WHEREAS, said Commisston, after duc inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at satd hearing, does fi~d and determine the following facts: 1. That the proposed use is properly one for which a conditional use permlt is authorized by Anahelm Hunicipal Code Section 18.03•030.010 to wit: to permit a retail purchasing service facility in the "Ml" Industrial Zone. 2. That *he proposed use is hereby granted for a period of two (2} years, at which time an extension may be granted if it is de[ermined that ihe use is being conducted in the manner represented by the petitioner; namely, that there will be no sales to the generat public, that there will be no on-site advertising to the general public, and that admittance to the facility will be the result of a written invitation oniy with an estimated maximum of 60 persans per day. 3.That the proposed use will not adversely affect the adjoining land uses and the growth and development of [he area in which it is proposed to be located because i[ (s a unique business that is not intended to consist of commercial retait sales on an Industrlally zoned property, nor to attract the general public to the site and over-burdening [he available parking facilities. 4. That the size and shape of [he site proposed for the use is adequate [o allow the full development of the proposed use in a manner not detrimental to the partlcular area nor to the peace, health~ safety and general welfare of the citizens of the City of Anaheim because [he sho~aroom area will be used soleLy to dlsplay the types of inerchandise available through this service and nu merchandise will be sold PC78-49 directly from the premises; that the bustness will not be open to the general pubiic with walk-In type traffic, but will only be available to those members who have been contacted and accepted through direct mail, tetephone, or other solicitation; and [hat there wtll be no on site advertising to the general public and no special "sales" of any type to attract retali custaners. 5, That ehe granting of the Conditional Use Permit under the conditions imposed, will not be detrtmental to thc peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and no corresponence was recetved in opposition to the subJect petition. ENVIRODI,`1ENTAL IMPACT FINDING: The Planning Director or his authorized representat ve has determined Chat [he proposed project falis within the definitian of Categorical Exempt(ons, Class 1, as deflned in Paragraph 2 0` the Ci[y of Anaheim Environmental Impact Report Guidelines and ts, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Lity Planning Commission does hereby grant subject Petition for Condi[tonal Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proFosed use of the subject proper[y in order to preserve the safety and general welfare of the Ci[izens of the City of Ananeim: 1. That the owner(s) of subject property shall pay the traffic signal assessment fee difference between industrial and commercial use at consisting of 5333.00 per 1000 square feet of building or fraction thereof, prior to the commencement of the activity authorized under this resolution (issuance of a business license) or within a pertod of one year from the date hereof, whichever occurs first. or such further time as the Planning Commission may grant. 2. That subject property shall be developed substantially in accordance with plans and specifica[tons on fite with the CiLy of Anaheim marked Exhibit Nos. 1 through 3. 3. That the use is granted for a trro-year period, at which time an extension may be granted following review and approval by the Pianning Commission if it is determined that the use is being conducted in the manner represented by the petitioner and specified in the "flndings" of this resolution and if it is determined that the use has not had a detrtmental affect on the surroundi~._ a~ea. 4, Tha[ the show~oan and display area will oyty be used to displa~~ ~:!; types of inerchandise available to only [he members of the proposed retaii purcha iny service and that no merchandise shall be sold from the premises. 5. That the use will not ~e open to the general public and there shall be no on-site advertising to the general public nor spectal "sales" to attract retail customers. THE FOREGOING RESOLUTION is sfgned and approved by me this 13th day of March, 1978• ~~~~.-P~~ ~•~~- CHAIRMAN. ANAHEIM ~ITY PIANNING COMMISSIOM `~~.~c ~° ~.:. SECRETARY, At~AHElM CITY PLAt~NING COMNi5S10N -2- PC78-49 ~ ~ STATE OP CRLIFORNIA ) COUtITY OF ORANGE ) ss. C ITY OF ANAHE IFt ) I~ Edlth L. Harris~ Secretary of the Anaheim Ltty Planning Commission, do hereby certify that the fcregoing resolution was passed and adopted at a meeting of the Anaheim City Ptan~ing Commission held on March 13. 1978, at 1:30 p.m., by the following vote of the members tharcof: AYES: COMMISSIONERS: BARNES, DAVID, LINN, TOLAR NOES: COMMlSSIONERS: HERBST, KING ABSENT: COMMISSIONERS: JOHNSOtJ 1978. Itl WiTNESS WHEREOF, I have hereunto set my hand this 13th day of March, ~~ ,t° 2~lriL,.~~ SECRETARY~ ANAHEIM LITY PLANNING COMMISSION -3- PC78-49