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PC 83-238RESOLUTION NO. PC83-238 A RESOLUTIUN OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITZON FOR CONDITIONAL USE PERMIT N0. 2520 BE GHANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ALEX STAVROPQULOS AND LINDA STAVROPOULOS, 14252 Saarinen, Irvine, California 92664, owners, and FLOYD L, FARANO, 2555 East Chapman Avenue, S~iite 415, Fullerton, California 92631, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: TBAT PORTION OF LOTS 20 AND 21 IN BLOCK K OF THE KRAEMER TRACT~ AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY~ CALIFORZI~A~ DESCRIBED AS FOLLOWS: PARCEL 2~ AS SHOWN ON A MAP FILED IN BOOK 135, PAGE 33 OF PARCEL MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY~ CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 12, 1983, at 1:30 p.m., notice of said public hearing hav:ng been duly given as required by law and in accotdance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and stud_v :nade by itself and in its bchaZf, and after due consic2eratl~n of aII evidence and reports offered at said hearing, does find and detezmine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by AnaY.eim Municipal Code Section 18.06.080 and 18.03.030.010 to wit: to permit r~tail furni.ture sales in the t4L (industrial, Limited) Zone with waiver of: SECTIONS 18.06.050.022, - Minimum number of oarkin spaces 18.OG.080, (42 spaces required; 18 spaces AND 18.61.066.050 proposed) ~ 2. That the requested waiver is hereby granted on the basis that the parkin9 waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citi.zens of the City of Anaheim. ~0109r ?C83-238 3. That the aroposed use is granted subject to the petitioner's stipulation at the public hearing tnat the retail sales shall be limited to not more than 338 of the total floor area and that the items to be sold retail shall be limited to mattresses, sleepPr sofas, corner groups, bunk beds, reclinet chairs, rocking chairs and table and floor lamps. 4. That the proposed use will not adversely affecc the adjoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site pruposed for the use is adequate to allow the full developrtient of the proposed use in a mannec not detrimental to the particular area nor to the peace, health, ssfety and 9eneral welfare of the Citizens of the City of Anaheim. 6. That the grantiny of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare o~ the C tizens of the City of Anaheim. 7. That the traffic generated by the pcoposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subjc~t petition. ENVIRONMENTAL 7tdPACT FSt~~ING: That the Anaheim City Planning Commission has reviewed the proposal to permit retail furniture sales in the ML (Industrial, Limited) Zone with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.57 acre, having a frontage of approximately 132 f~_et on the north side of La Mesa Avenue, and further describQd as 3025 East L~ tdes~ nvenue; and does hereby approve the Negative Declaration upon finding that it has considereZ the Negative Declaration to9ether with any comments received during the public review process and further finding un the basis of the initial study and any comments received that there is no subs~antial evidFnce that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that tne Anaheim City Planning Commission dnes hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the pcoposed use of the subiect property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division ~howing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any ;~ecessary work. 2. That p:ior to issuance of a building permit or commencement of the activity he~ein approved, whichever occurs first, a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. ;:. - -Z- PC83-23g ~........,.,.,.~., <.... _ ..... ` ~• ~ 3. That subject property shall be developed substantially in accordan~e y'! with plans and specifications ° I marked Exhibit Nos. on file with the City of Anaheim 1 and 2; provided, however, that the retail sales area shall be limited to thirty-three percent (338) of the tot~l floor space. 4• That prior tu the commencement oP the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year fcom the date of this resolution, whichever occurs first, Condition Nos. 1 and ~, above-mention?d, shall be complied with. Extensions for further time to complete saia conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 5• That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be complied with. 6• The items to be sold retail shall be limited to mattresses, sleeper sofas, cornec groups, bunk beds, recliner chairs, rocking chairs, and table and floor .lamps. BE IT FURTHER RESOLVED that tt~e Anaheim City Planning Commission does hereby find and determine that adootion of this Resolution is expressl} predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resoiution, and any approvals herein contained, shall be deemed null and void, THE COREGOING RESOLUTION is signed ~nd ypproved by me this 12th day of December, 1983. ' i'v'. , /" . I ~ "~-/~ ; '~~L! e7 ~~. .- -~a~ c'-~~¢. ATTEST: CHAIRWp~y{p~ p~,p~EIM CITY PLANNING COMMISSION / SECRETARY ~ r ANAHEIM CITY~pLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF 012ANGE ) SS, CITY OF ANAHEIM ) I. Edith L. Harris, Secretary of the Anaheim City 9lanning Commission, do hereby cectify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City plartning Commis~ion held on December 12, 1983, by the following vote of the members thereof: AYES: CQMMISSIONERS: BOUAS, FRY, HERBST, KING, La CLAIRE, MC BURNEY NOES: COMMISSIONERS: BUSHORE ABSENT; COMMISSIOtJERS: NONE IN WITNESS WHEREOF, I have hereunto set my haad this 12th day of December, 1983, `~,~,;-1 ,~° SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-23@