88-118RESOLUTION NO. 88R-118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAltEIM GRANTING CONDITIONAL USE PERMIT
NO. 2975.
WHEREAS, the City Planning Commission of the City o£
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from PHILIPE DELGADO, ET. AL., 712 E. Ball Road, Anaheim, CA
92800, c/o ROBERT S. SKLAR, owner and FARANO AND KIEV1ET, 100 S.
Anaheim, Blvd., Suite 240, Anaheim, CA 92805, Attn: KARIN L.
WATTS, agent, to permit a retail appliance liquidation sales outlet
in conjunction with an appliance warehouse upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
COMMENCING AT A POINT IN THE NORTH LiNE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 23, TOWNSttlP 4 SOUTH,
RANGE 10 WEST, S.B.B.&M., WHICH POINT IS 3S9.40 FEET
EASY OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 23, RUNNING THENCE EASTERLY ALONG THE
NORTH LINE OF SAID SECTION TO THE POINT WHERE SAID
NORTH LINE IS INTERSECTED BY THE WESTERLY BOUNDARY
LINE OF THE RIGHT OF WAY OF THE CALIFORNIA CENTRAL
RAILWAY CO., AS SHOWN BY A MAP OF SAtD RIGHT OF WAY
RECORDED IN BOOK 39, PAGE 34, ET SEQ., OF
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; RUNNING TIfENCE SOUTHERLY ALONG SAID
WESTERLY BOUNDARY LINE OF SAID RIGHT OF WAY TO THE
POINT WHERE THE SAME INTERSECTS THE SOUTH LINE OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 23; TItENCE WESTERLY ALONG SAID
SOUTH LINE 20 A POINT THEREIN, WHICH IS 359.40 FEET
EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 23; THENCE NORTHERLY PARALLEL WITH THE
WES~ LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 23 TO THE POINT OF BEGINNING;
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. PC88-19 denying
Conditional Use Permit No. 2975; 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 finOs, 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 in that it
has been determined that said use qualifies as an unlisted use
within the meaning of Section 18.05.030.010 of the Anaheim
Municipal Code because it is similar to, and compatible with the
uses permitted or conditionally permitted in the ML Zone for the
following reasons: (a) said use is incidental to the appliance
warehousing use of the premises, (b) retail sales are limited to
the sale of damaged, discontinued or floor sample merchandise
from the owner's own stock in trade, and (c) the retail sales use
comprises only six percent (6%) of the total building area.
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.
3. The size and shape of tile 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 tile 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 tile 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 tile citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of tile conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
imposed
general
The granting of the variance(s) under the conditions
will not be detrimental to the peace, health, safety or
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. 2975 be, and the same is hereby,
granted permitting a retail appliance liquidation sales outlet in
conjunction with an appliance warehouse as such use is
hereinabove described on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS
18.06.0S0.0212,
18.06.0S0.022,
AND 18.06.050.031
- Minimum number
(345 required;
of parking spaces.
127 existing).
subject to the following conditions:
That sidewalks shall be installed along Ball Road as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
That 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.
o
That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No.
2044 to the Zoning Division.
That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
That the proposal shall comply with all requirements of
the HL Zone including the prohibition of flags, banners,
special events or other promotional advertising, unless
a variance is approved by the City Council, Planning
Commission or Zoning Administrator.
That the owner(s) of subject property shall execute and
record a covenant in a form approved by the City
Attorney's Office wherein such owner(s) agree not to
contest the formation of any assessment district(s)
which may hereafter be formed pursuant to the provisions
of Development Agreement No. 85-01 between the City of
Anaheim and Annaheim Stadium Associates, which
istrict(s) could include such owner's property.
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10.
That subject property shall be developed substantially
irt accordance with plans and specifications on file with
the City of Anaheim marked Exhibit No. 1.
That Condition Nos. 1, 2, 3, 4, O, and 7,
above-mentioned, shall be completed within a period of
ninety (90) days from tile date of this resolution.
That said retail sales use shall be conducted and
limited in its operation as hereinabove defined and
described.
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 1T 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 tile
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 15th day of March, 1988.
MAYOR OF THE CITY OF ~NAHEIM
ATTEST:
OL~/jd
2560L
051888
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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
tae foregoing Resolution No. 88R-118 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of March, 1985, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL ~MBERS:
Ehrle, Hunter, Kaywood and Pickler
Bay
None
AHD I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-118 on the 25th day of March, 1988.
IN WITNESS k~HEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of March, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(s~)
I, LEONOKA N. SOHL, Cfty Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-118 duly passed and
adopted by the Anaheim City Council on March 15, 1988.
CITY CLERK OF THE CITY OF AHAHEIM