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83R-165 RESOLUTION NO. 83R-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2421. r.~. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from FAR WEST SAVINGS AND LOAN ASSOCIATION to permit a health spa with a waiver of the minimum number of off-street parking spaces on certain real property owned by applicant located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: AN UNDIVIDED 20/21 INTEREST IN PARCEL 1 AS PARCEL MAP NO. 81-235, RECORDED IN BOOK 163, PAGES 5 TO 6 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM UNITS 1 THROUGH 21 INCLUSIVE, AS SHOWN ON A CONDOMINIUM PLAN RECORDED NOVEMBER 6, 1981 IN BOOK 14283, PAGE 475 OF OFFICIAL RECORDS. PARCEL 2: UNITS 1 TO 20 AS SHOWN ON A CONDOMINIUM PLAN RECORDED NOVEMBER 6, 1981 IN BOOK 14283, PAGE 475 OF OFFICIAL RECORDS; 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. PC83-56, granting Conditional Use Permit No. 2421; 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 -1- 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. 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. WHEREAS, the City Council further finds, pursuant to Section 18.06.080 of the Anaheim Municipal Code, with regard to the hereinafter specified waiver of off-street parking requirements as follows: 1. That the Variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and 2. That the granting of the Variance under the conditions imposed will not be detrimental to the peace, health, safety or 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 the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2421 be, and the same is hereby, granted permitting a health spa on the hereinabove described real property with a waiver of the following provision of the Anaheim Municipal Code: SECTIONS 18.61.066.010 - and 18.06.050.02555 Minimum number of parking spaces (628 spaces required; 604 existing) subject to the following conditions: -2- 1. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That parking lot security lighting shall be provided to the satisfaction of the Anaheim Police Department. 3. That prior to issuance of a building permit or com- mencement of the activity herein 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 for the entire floor area encompassed by the spa, in an amount as determined by the City Council. 4. That trash storage areas shall be provided in accord- ance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That plans shall be submitted to the Building Division showing 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 necessary work. 6. That the proposal shall comply with all signing re- quirements of the ML(SC) Zone unless otherwise approved in con- nection with a duly advertised public hearing. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 8. That prior to final building and zoning inspections, Condition Nos. 1, 2, 4, 7 and 10, above-mentioned, shall be com- plied with. 9. That this permit shall be reviewed, at the discretion of the City Council, two years from the date hereof. or at any other time in accordance with the procedures set forth in Section 18.03.091 of the Anaheim Municipal Code. to assure that said per- mit is being exercised in a manner not detrimental to the public peace, health. safety or general welfare. 10. That the owner of the subject property shall execute a covenant or agreement in a form approved by the City Attorney to provide not less than 88 parking spaces for the exclusive use of the proposed use. -3- 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 unen- forceable by the final jUdgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, 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 April, 1983. ~ """'-- ATTEST: (~l~~~ CITY LERK OF TH ITY OF ANAHEIM JLW: fm l006M 5-6-83 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-165 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 April, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-165 on the 26th day of April, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of April, 1983. C~~ (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-165 duly passed and adopted by the Anaheim City Council on April 26, 1983. ~.~~ CITY CLERK --.....,