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PC 81-202RFSOLUTIOr! Pi~. PC%;1-2.0?_ A RFSOL!IT10~1 OF Tf'E APIAHFIM CITY PLAt;PJtPJ~ C~~1'11~S10N TNAT PETITIO'! FOR C~FIDI?IOtIAL !ISE PE!;111T tl~, 27_,? PE r,~?qn!rEn IJHEREAS, the llnaheim City Plannina Commissior did receive a verified Pet i t ion for Cond i t iona 1 tJSe Permi t from CARL N, ~3URP ~S q~~~ ~~~~y ~, ~ii4p ~ S, 3Q Rocl•:ing Horse Lane, Pa)os I~erdes, California, ~~271!~ o~•,ners, and MONTE SILVFRBF4G, 3035 La Mesa Avertue, AnaFeim, California 923!?(., and L11t:~ OFFICFS OF FLOYD L, F.4RAN0, .~ttention: Charles P1, Farano, 7_555 East Chapman Avenue, Suite 415, Fullei m, California 92G31, agents, of certain reai pro~erty situated in the City of Anaheim~ County of Orange, ~tate of Callfornla, described as; Parcels 1 and ~ in the City of Flnatieim, as sho~•m on a map recorded in book 135, page 33 of Parcel Maps records of saicJ Orange County, as amended by Lot Line Adjustment by the Citv of Anaheim, recorded August 13, 1979, in bool< 13266, Paqe 880. City Ha11W1nRthe~CityeofCAnaheimnonn~lugusti~~;o19~d;d a~h'du~e a public hearlnq at the oubiic hearing having been dul ' 3 p•m•= ~~tice of said provisions of the Anaheim HunicipalVeCode refharter~Y7,oa~ and in accordance o-~ith the evidence for and against said proposed condltional use permittandhtorinvestigateiand make findings and recommendatians in conneGtion therea~ith; said publfc heartng having been continued to the Planning Commission meeting of September 21, 1QR1; and k41EREAS, said Commission after due inspectfon, investiga~ion and study made by itsel` and in its behalf, and after due consideration of all evidFnce and reports offered at said hearing, does flnd and determf~e the follrnNfng facts: 7, That the proposed use is properly one for ~~hich a conditional use permit is authorized by Anaheim 1lunicipal Cod~ Section 19,~3,n3n,~~q to wit: to ratain a retail carpet sales facility in the hiL (Indu~trial, Limited) 7one. ~. That the proposed use is granted suhject to the follo~~~ing stYpulations made by the petitioner at the pub)Ic hearing: a. That the use ts granted for a period of t~,yo (2) years at the end of whir_h time and upon written request by the petitioner, time extensions may be granted by the Planning Commisslon. b. ThaL a maximum ot 25~ of the total sales volume may be retail, c. That there shall be no f]ags, hanners, wlndo~r signs~ or sidev~a}k or parl<ing lot sales. 3. That the proposed use will not adversely affect the idjotninq 7and uses and the growth and development of the area in t~~hich it is proposed to he lccated, tt. That Che size and shape of the site proposed for the use is adequate to allow the full development of rhe proposed use in a manner not detrimental to the PCS1-202 particuiar area nor to tf;e peace, nealth, safety, and general ~~eifare or the Citiz~ns of the C(ty of Anaheim. 5. That thc granting of the Conditional Use Permit un~er the conditions imposed, if any, ~vill not be detrimental to the peace, health, safety and general Welfare of the Citizens of the City of Anaheim. G. That the tra`fic generated by the prooose~i use t•~ilt not impose an undue burden upon the streeYs and highi>>ays designed and improved to carry the traffic in the area. 7. That one person indicated their presence at saicl puhlic hearin9 in opposftion; and that no corresponde^ce ~vas received in opposition to the subjec~ petition, E~JVIRONMENTAL IMPACT FINDItJG: That the Anaheim CiYy Planning f,ommission has reviewed the proposal to retain a retail carpet sales facility in the ML (Industrial, Limited) Zone on a rec*angularly-shaped parcel of land consisting of approximately I.UJ acres located at the north~~rest corner of La 11esa Avenu~ and Kraemer Place (3035 La hlesa Avenue); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the hasis that tfiere would be no significant indivtuuai or cumulative adverse environmental impact du~ to the approval of this Negative Declaration since the Anaheim General Plan desiqnates the subject property for general industrial land uses commensurate wtth tFe proposal; that no sensitive environmental impacts are involved in the pro~osal; that the Initial Study submitted by the petttioner indicates no siqnificant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on fi1P irt the City of Anaheim Planning Department. NOW, THERFFORE, BE IT RFCni.~~Fn r!~~« «i,` f~~~,.,;,; ~j~.Y ;;~~i~~ing Commission does hereby grant subject Petition for Conditional Use Permit, upon the foiloaring conditions which are hereby found to be a necessary prerequisite t~ the pr~posed use of the s~bject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: i. That fire hydrants shall be installed ancl charged as reGuired and determined to be necessary by the Chief of the Fire Department~ 2 That tlie o~•m er(s) of subject property shall suhmit a letter requesting the termination of Conditional t)se Permit Nos. 141t?, 152Q arri 1584o to the Planning Department. 3. That subject propert~~ shall be developed subsrantia~ly (n accardance wlth plans ar,d specifications on file ~•~)th the City of .Anaheim marke!' Exhibit ~los. 1 through 3. 1+. That the owner(s) of suhjer_t property shall pay the difFerence between tne traffic sinnal assessment fees for comrnercial and ind•istrlal buiidinns ~;,ithin a periocl of ninety (90) days. Salci fees shell he based on 2S? of the tctal floor area. `a PC81-20?_ S. That a maximum of t~.aent;°five (25) percent of th~ total sales volume may be retail, E• Tnat t'iere shall be r.o flags, !~anners, a~inrio~~ siqns, ar stdewall< or parl<ing ~~Y sales. 7. That t~ie use is cranted for a period of to-ro (2) years, at the end of which tlme and upon written request hy the petitioner, time extensions may be granted by the Plannir,~ Commissi~n it it is determined that the use has net had an adverse impact on surrounding busin~~sses. ~. That Cenditf~n Nos. 1, 3, and 4, shall be completed l~iithin a period of 60 days. BE IT FURTHER RESO_VED that the Anaheim City Planning Cemmission does hereby find and determine that acloption of thts Resolution is expressly predicated upon applicai;t~s compliance i•~ith each and all of the conditions hereinabove set `orth. Shouid any such conditlon, or any part th;:reof, be declared invalid or unenforceable by the final judgment of ar,y court of competent jurisdiction. then this Resol~_~tion, and any apnrovals herein contained, sfiall be deemed null and vo(d, THE FOf',E;~IMG RESO U)TIO~J is signed and approved hy me this 21st day of September, 1~£31, ATTEST: -~-_"'~~ A~- S"cCn~THn'i'~ HNNHEIM ~ITY PLAM~yIrlG COM~~tigg~`p"I STATE OF CAL 1 FORt! IA ) COUNTY OF OP,FlFJGE ) ss, CITY OF ANAHEIM ) 1, Edith L. Harris, Secretary of the Anaheim Ciiy Planninct Commission, do herehy certify that the fo,-egoing resolut'on ~~as passed an~~i adopted at a meeting of the Anah,eim City Planning Commission held on 5eptember 21 i~fi1, hy the folloo-~ina vote of the members thereof: AYFS: COMMISSIO"IFRS: BARNES, 6011qc FRY, HERBST, KING, TOLAR NOES: COMPIISSIO~JERS: BUSHORE AQSENT: COMMISSIONEftS: PlO~~E IPJ WiTNESS !JNFREO~, i have hereunt~ set my hand this 21st day of September, 19~31. SECRETAP.Y, .qt!AFI~IH CfTY PLM'~)rlIVR C~N!41551~M ~~~..~- ,rz-~ ~-~..~ i.HA I P,MAD , q~l HE I`1 T AHP! M~ COMM SS InPI -3- PC~31-202