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PC 79-61RESOLUTION N0. PC79-61 A RESOLUTION OF TNE AtIAIIEIM CITY PLANNING CO`1HISSION THAT P[TITI01~ FOR CO~JDITIOt~AL USE PERMIT N0. 1955 BE DENIED WHEREAS, [he Anaheim L1ty Planning Commission did recelve a verified Petitlon for Condt[ional Use Permit from BEACON BAY ENTERPRISES, INC., 260 Newport Center Drive /1520, Newport Beach, Lalifornia, 92E60, owner, and NATIO~IAL CONVENIENCE STORES. INC., 1385 Knollwood Circle .96, Anaheim, California ~2801, agent~ of certain real property situated in the Clty of Anaheim, County of Orange, Statc of Californla, described as: PARCEL 5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF LALIFORNIA, AS SHONN ON l1 RARCEL NAP FILED IN Ei00K 99 PAGE ;2 OF PARCEL MAPS, IN TfiE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a oubifc hearln9 at the City Hall in the City of Anaheim on March 26, 1979, at 1:3f1 p,m „ notice of sald publTc hearing having been duly given as requtred by law and in accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider evidence for and a9ainst said proposed conditional use and to (nvestigate and make findings and recommenda[lons in connectlon therewith; and 1JHEREAS, said Commission, after due inspectton, investigatton and study made by itself and in its behalf~ and after due consideration of all evldence and reports offered at said hear(ng, does find and determine the following fac[s: 1. That the proposed use is properly one for whtch a conditional use permit is authorized by Anaheim Municipal Lode Section 1A.03.030.010 to wit: to permit the retail sale of records and tapes in the ML (Industrial, Limited) Zone. 2. That [he proposed use is hereby denled on the basis Chat it is not compa[ibin wi[ii the surrounding industriai area. that approval coufd cause adverse traffic problems in the area whlch is at Yhe terminus of a cul-de-sac, and that approval could set an undesirable precedent for establ)shtng commerclal uses in the industrial zone and (ndustrial buildings. 3. That the proposed use wtll adversely affect Lhe adjolning land uses and the growth and development of the area tn which It ts proposed ta be located. 4. That the stze and shape of the site proposed for the use is not adequate to allow the full development of the proposed use tn a manner not detrimental [o the particular area nor to the peace, health, safety. and general welfare of the Citizens of the Ctty of Anaheim. S. That [he gra~ting of the Conditlonal Use Permtt will be de[rimental to the peace, health~ safety and general welfare of the Cttizens of the City of AnahGim. 6. That no one lndicated thetr presence at said publlc hearing in opposition; and that no correspondence Nas recetved in opposition to the subJect petition. PC7Q-61 ~;, EHVIRONMENTAL IMPACT FIHDtNG: That the Anaheim Clty Plannin9 Carmission has reviewed the proposal to permit Che retall sales of rccords and tapr.s in the ML (Industrfal~ Llmited) zone on an irregularly-shaped parcel of land consisttn~ of approximately 3 acres, having a frontage of approxinately P7 feet on the nor[herly cul-de-sac term(nus of Knollwood Circle, having i maxTmum depth of approximately 513 feet, being located approximately 2h08 feet north of the centerltne of Woodland Drive; and does hereby approve the Negative Deciaration from thc requtrement to prepare an environmental tmpact report on the 6asis that there would be no significant individual or cunulative adver~e environmental inp~ct due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject prope~ty for aeneral industrtal land uses cocr.~ensurate with the nroposal; thai no sensitive environmental Impacts are involved tn the proposal; that [he Intt(al Study submTtted by the petitioner indicates no significant individual or cumulative advcrsc envlronmental impacts; and that the tlegative Declara[ion substantiatTng the foregoing findings is on file. in thc City of Anaheim Plannin~ Department. NOW~ THEREFORE, BE IT RESOLVED that the Anahetm City Planntno Commission ~oes hereby deny subJec[ Petition for Condi[ional Use Permit on th~ basis of the aforementioned findings. THE FOREGOIt1G RESOLUTION ts slgned anJ aporoved hy ne this 2Cth day of Harch. 1979. NR .HF~ ~ N. C I Y PLt,NY i NG COM`1 I 5 I ON ATTEST: ~~ ~ ~ SECRETARY, ANAHE IM C I TV PLAt;171 ~Jr COM~ I SS IOt! STATE OF CALIFOR~~IA ) COUNTY OF ORANGE ) ss. CITY OF At1AHEiM ) I. EdfLh L. tlarrts. Secretary of the i.naheim City Fianning CommisSFon, do hereby certify that the foregoing resolution r:as passed and adopteA at a meetTng of the Anaheim Clty Planning Commisston hcld on March 2~. 197q, by the folloNing vote of the menbers thereof: AYES: COHMISSIO!d'eRS: BARNES, BUSHORE, HERBST, JONt~SO;! NOES: LOMhISSIONERS: DAVi~, TOLAR ABSENT: COM!115510tJER5: KING 14 WITNESS WHEREOF, i have nereunto set my ha~d this 2Fth day of March, 1479. ~a.~ ,f' ~.~. SECRETAP. ~ ANAHEIM CI PLANNIuG COHMI55 ON -2- PC79-61