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PC 79-1RESOLUTION N0. PC79-1 A RESOLUTI01~ OF THE ANAHEIM CITY PLANNING CQ!~MISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1902 BE DENIED WHEREAS. the Anahefm Ci[y Planning Commission did receive a verifled Petitlon for Condicional Use Permit fran ROBERT D. ETCHANDY, et al, 650 South Western Avenue, Anaheim, California, 92804, owners, and ELDEN ~. BAINBRIDGE, GOLD KEY FURNITURE CO., 6161 Sepulveda Boulevard, Va~ Nuys, California 91411~ agent, of certain real property situatcd in the City of Anaheim~ County of Orange, State of California, described as: THAT PORTIOH OF THE NORTHNEST QUARTER OF FRACTIONAL SECTION 4~ TOWNSHIP 4 S~UTH, RANGE 9 WEST OF THE SAN BFRNARDINO MERIDIAN~ IN THE CITY OF ANAHEIM, GOUNTY OF ORANGE, STATE OF CAIIFORNIA, AS PF.R THE OFFICIAL PLAT OF SAID LAND FILED It~ THE DISTRICT LAND OFFICE. DESCRIBED AS FOLLOWS: BEGIN~~ING AT THE SOUTHWEST CORNER ~f THE NORTHNEST QUARTER OF SAID SEC?ION; THENGE N 2° ib'30" E 799.50 FEET ALONG THE WEST LINE OF SAID SECTION TO A POINT I•'1 THE SOUTH LINE OF T11E LAND CONVEYED TO PETER ALLEC, JR. AND ROBERT JOHN ALLEL BY DEED RECORDED MARCH 2, 1922, IN BOOK 140 PAGE 93 OF OFFICIAL RECORDS. PRODUCED WFST~nLY, SAID POINT BEING ALSO IN THE 1JESTERLY EXTE~JS ION OF TI![ SOUT11 L t~1E OF TtfE LAttD OESCR t BED IN TIiE Ar,REE4E-iT BE7WEEN J. N, wALLS AND 1JIFE AND GEORGE LEMKE AIJD NIFE, REC04DED FEBRUARY 26, 1931 Ih 900K 1+59 PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTFi 88° 27' 00" EAST 360.00 FEET PARALLEL WITH THE SOUTH LINE OF SAIO NGRTHWEST QUARTER; THEt1CE 5 2° 16'30" V 789.50 FEET TO SAID SOUTH LINE; TNENCE N 88° 27' 00" V 360.00 FEET ALO~IG SAID SOUTH LINE TO THf. POINT OF BEGINNING, EXCEPT THEREFRO!1 THAT PORITON DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECQRDED APRIL 5, 1967 IN BOOK 8216 PAGE 857 OF QFFICIAL RECORDS. SAID LAND IS INLLUDED 1JITNIN THE AREA SMOGRI ON A MAP fILED IN 900K 90 PAGE 19 OF R~C~P,D Gf S!1^YEYS. it! TNE OFFlCE aF TNE CCt1;tTY RECCR~ER QF ;AtC COUt~TY. WHEREAS. the Ctty Planntng Lommlssion did scheduln a public hearing at the City Hall in the Cfty of Anaheim on January 3. 197?, at 1:30 p.m., nottce of satd public hearing having been duly given as requlred by laN and in ~ccordance ~rith the provisions of the Anaheim Municipal Cade~ Chapter 18.03. to hear and consider evidence for and against sald proposed conditionel use and to investtgate and make findings and recommendaticrns in connection Lherewith; satd publlc hearing havtng bean continued to the Planning Commission meeting of October 23~ i978; and WHEREAS. said Commission. after due lnspectlon~ investigatfon and study made by itseif and in its behalf~ and after due consideration of all evidence artd reperts offered at satd hearfng, does find and determine the folluwing facts: 1. That the proposed use is properly one for wfitch a conditlonal use permlt Is authorized by Anahetm Munlcipal Code Sectlon 18.03•~30.0lQ to wlt: to permit retatl sales of furniture In the ML zone. Pt79-1 2. That the proposed use is hereby denled on the basls that it was detcrmined the use was purely a retail showroom establtshment serving the general pubiic; that it rrould draw heavy commerciat trafflc which would potenttally be detrimental because subJect property has oniy one vehicular approach and the commerctal traffic would have to pass through an industrial complex to reach the proposed use; and that the use would not be compatible with the surrounding industrial area. 3, That the proposed use wTll adversely affect the adJolning la~~d uses and the groNth and development of the area ln which It ts proposed to be located, 4. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, heal[h~ safety. and general welfare of the Citizens of the Clty of Anahcim. 5, That the granting of the Co~ditlonal Use Permit will be detrimental to the peace. healih, safety and general welfare of che Litizens of the Ci[y of Anaheim. 6. That no one indicated thelr presence at safd public hearing in oppositlon; and tha[ no correspondence Nas received in oppositlon to the subject peti[ion. ENVIROt~MEt~TAL IMPACT FINDING: That the Anahelm City Pla~nin9 Commlssion has ~eviewcd the proposal to permit retail saies of furniture tn the ML (Industrial Limlted) Zone on an irregularly-shaped parcel of land consisting of approximately 5.3 acres, having a frontagc of approximatety SOd feet on the east side of Tusttn Avenue, havi~g a maximum depth of approxlmately 360 fee[ and being tocated approximately 565 feet south of thc centerline of La Palma Avenue; and does hereby approve Che Negative Declaration from the requirement to prepare an envlrorueenta! impact report on the basis that there aould be no signiflcant individual or cumula[Tve adverse environmental impact due to the appr~val of this Neqative Deciaration slnce the Anahelm General Plan designates the subJect property for general i~dustrlal land uses comme~surate With the proposal; thac no sensitive environmental impac[s are involved in the proposal; thaC the Initial Study submitced by the petltioner indicates no signtficant individuai or cumulative adverse environmental impacts; and that the Neaa[ive Declaraclon substan[la[ing the foregoing findings is on flle tn the City of Anahetm Planni~g Department. NOW, THEREFORE~ BE IT RESOLVED that the A~ahetm City Planning Commission does hereby deny subJect Petition for Condi[lonal Use Permic on the basis of the aforementioned findings. THE fOREG0ING RESOLUTION is signed and approved by me this 3rd day of January, 1979. _ ~ N MAN ~ 1 kH ANN I Nf, OMN 5 I ON ATTEST: ~"~C~ ~ N NE IM Z` 1~ LAH~ N-~ OMt~ 55 ON -2- PC79-1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Sccretary of the Anaheim City Planning Commission~ do hereby certify that the foregoing resolution was passed and adopted at a meettng of the Anaheim Ctty Planning Gommission held on January 3, 1979, at 1:30 p.m.. by the following vote of the members thereof: AYES: COMMISSIONERS: BUSHORE, NERDST~ JOHNSON. KING NOES: COMMISSIONERS: BARNES~ DAVID, TOLAR ABSENT: COMMISSIONERS: N0~7E 1979. IN WITNESS NHEREOF, I have hereunto set my hand this 3rd day of January, ~ dt,~ ~S • ~~t.tit.~..- SECRETAR , ANAHEIM CITY PLANNING COMMISSION -3- PC79-1