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PC 79-18RESOLUTION N0. PC79-18 A RESOLUTI0~1 OF THE ANAHEIM CITY PLANNING C9MMISSION THAT PETITIOH FOR CONDITIONAL USE PERn1T N0. 1923 BE DENIED WHEREAS~ the Anaheim City Planning Commtssion did receive a verifled Petitton for Conditional Use Permlt from FREDERICK R. AND RUTH E. SACHER, P. 0. Box 518, San Juan Capistrano, California. 9Z675, owners, and CURTIS KINDRED~ 1120 South Br(sto) 5treet, Sanca Ana, California 92704, agenc, of certain real property s?tuated (n the Ci[y of Anaheim. County of Orange, State of California, described as: That portlon of Lot 20, in Block K of the Kraemer Trac[, in the City of Anaheim, the County of Orange, State of Calffornia, as per Map recorded in Book 12, Pages 87 and 68 of Miscellancous Records~ tn the Office of the County Recorder of Los Angeles Coun[y, State of California, described as follows: Parcel 2. as shown on a Map filed in eook 82, Page 31, of Parcel Maps, in the Office of the Gounty Recorder of Orange County, Lalifornia. WHEREAS, the City Planning Lommtssion did schedule a public hearing at the City Halt in the Clty of Anaheim on January 29. 1979, at 1:3~ p.m., notice of sald public hearing having been duly given as required by law and in accordance wlth the provisions of the AnaheTm Municipal Code, Chapier 18.03, to hear and conslder evidence for and agaTnst said proposed condTtional use and to tnvest(gate and make findings and recommendatlons in connection therewith; said public hearing havfng been continued to the Planning Commisslon meeting of December 18, 1978: and WHEREAS. sald Commisslon, after due inspection. investigation and study made by itself and in its behalf~ and af[er due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1, That the proposed use is properly one for which a conditional use pennit is authorized by Anaheim Municipal Code Sectlon 18.03.03n•O10 to wit: [o permit rctail salc nf furntture in tfie Ml (Industrial, limited) Zone. 2, That the proposed use is hereby denied on the basis that the existtng illega) use conststing of the retail sale of furniture in the industrial zone has generated additional noise. traffic, and other adverse impacts, that the Zoning Enforcement Officer has Issued a Notice of Violation for violatlons of the 2oning Ordi~ance; and that the use is not compatible Wlth the surrounding ind~strial area. 3. That the proposed use will adversely affect the adJoining land uses and che growth and development of the area tn which it is proposed to be located. 4. That the size and shape of che sfte proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrTmental to the particular area nor to the peace. health, safety. and general welfare of the Cltizens of the Clty of AnaheTm. 5, That the granting of the Conditional Use Permit wi11 be detrlmental to the peace, heaith. safety and generai welfare of the Citizens of the City of Anaheim. PC79-18 6, That no one indicated thelr presence at sald public hearing f~ opposition; and [hat no corresponde~te was recelved fn oppositlon to the subject petiilon. EtIVIRONMENTAL IMPACT FINDING: That the A~aheim Clty Planning Commisslon has reviewed the proposa to premit retall sales of furniture in the ML (Industrial, Limited) zone on an irregularly-shaped parcei of land consisting of approximately 4.4 acres having a frontage of approximately 520 feet on the east side of Kraaner Place, having a maximum depth of approximately 372 feet. being located approximately 250 feet sou[h of the centerline of La Paima Avenue, and does hereby approve the Negative Declaratlon fran the requiremen[ to prepare an environmental impact report o~ the basis that there would be no significant indivtdual or cumulative adverse environmental impact due to the approval of this Negative Declaration sinc~ the Anaheim General P1an designa[es the subJect property for general industrial land uses commensurate with the proposal; tha[ no sensltive environmental impacts are Involved in the proposal; tha*. the Initfal Study submlttcd by the peticioner Indicates no slgnifica~t indivldual or cumulative adverse environmental Impacts; and that the Negatlve Declaration substan[iating the foregoing flndings is on file In the City of Anaheim Planning Department. NOW, THEREFORE. BE IT RESOLVED that the Anaheim Glty Plannina Commlsston does hereby deny subject Petttion for Gonditfonal Use Permtt on the basiS of the aforementioned ffndings. THE fOREG0ING RESOLUTION is signed and approved by me this 29th day of January, 1979. HAIRMAN. NAHEI CITY LANNING COHMi5510N ATTEST: 1T~ _ ~i[.~1~a. ~ECRE7ARY, ANAHEIM CITY LANNING COMMISSION STATE QF CAL1~~4NIq 1 COUNTY OF ORANGE ) ss. CITY OF AIIANEIH ) i~ Edith L. Harris, Secretary of the Anahelm Lity Planning Commission. do hereby certify that the foregoing resolution was passed and adopted at a meeting of thc Anaheim City Planning Commisslon held on January 29. 1979. at 1:30 p.m., by the following vote of [he members thereof: AYES: LOMM~SSIONERS: BUSHORE. HERBST~ JOHN50~~~ KING NOES: CONMISSIONERS: TOLAR AOSENT: COMMISSIONERS: BARNES. DAVID IN WITNESS 41HEREOF~ I have hereunto set my hand this 29th day of January, 1979. ~ocQ.cr~ ~° i3lQt.ti« SECRETAaY. ANAHEIM ClTY PIANNING COMMISSION -2- PC79-18