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RES-1989-395 RESOLUTION NO. 89R-395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3188. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from DOMINIC C. ETCHANDY AND BETTY J. ETCHANDY, 1241 N. Lakeview Avenue, Anaheim, CA 92807, to permit "industrially related" retail sales of silk flowers, plants and related products (at 1261 "A" North Lakeview Avenue) and a retail laundry facility (at 1261 "K" North La.keview Avenue) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 146, PAGES 1 AND 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC89R-203 denying Conditional Use Permit No. 3188; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. CUP 83188 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3188 be, and the same is hereby, granted to permit "industrially related" retail sales of silk flowers, plants and related products (at 1261 "A" North Lakeview Avenue) and a retail laundry facility (at 1261 "K" North Lakeview Avenue) on the hereinabove described real property, subject to the following conditions: 1. That prior to issuance of a building permit, a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anahim in an amount as established by City Council resolution. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 3(a) That the proposal shall comply with all signing requirements of the ML "Industrial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. (b) That the business advertising for the two subject businesses (silk flowers, plants and related products, and the retail laundry facility (shall be limited to wholesale and not retail sales; and that there shall be no distribution of advertising circulars, flyers or other written material advertising the subject retail businesses. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with he City of Anaheim marked Exhibit Nos. 1 through 3. 5. That Condition Nos. 1, 2, 3, and 4, above-mentioned, shall be completed within a period of 60 days from the date of this resolution. -2- CUP 83188 6. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly 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 Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of September, 1989. ATTEST: ~ tvit~!! ::~ANAHblM JLW:db 3353L 101989 ~~~~ Y R OF THE Y OF AHEIM -3- CUP 83188 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-395 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of September, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 8?R-395 on the 23rd day of October, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of October, 1989. ~~ ~CITY CLERK OF THE OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-395 duly passed and adopted by the Anaheim City Council on September 26, 1989.