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78-380RESOLUTION NO. 78R - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1831 WHEREAS, the City Planning Commission of the Cite of Anaheim did receive an anplieation for a conditional use permit from LLOYD E. KLEIN, owner; and IPS, a general partnership, agent, to permit commercial uses and a restaurant in an indus- trial complex, with a waiver of minimum number of required parking spaces, on the property situated in the State of Cali- fornia, County of Orange, City of Anaheim, located at: PARCEL 1: Lots 197 to 201 both inclusive of the Eucalyptus Forest Tract, as shown on a Map recorded in book 5, pages 29 and 30 of Miscellaneous Maps, records of Orange County, California. PARCEL 2: That portion of Lots 20 and 21 in Block K of the Kraemer Tract, in the City of Anaheim, in the County of Orange, State of California, as per map recorded in book 12, pages 87 and 88, of Mis- cellaneous Records, in the office of the County Recorder of Los Angeles County, California, described as follows: Beginning at the most Westerly corner of said Lot 21; thence North 28° 52 34" East 734.54 feet along the Northwesterly line of said Lot 21 to the centerline of the 40.00 foot road conveyed to the County of Orange, by deed, recorded April 2, 1913, in book 231, page 323 of Deeds of said Orange County; thence North 73 08' 00" East 143.92 feet along said centerline to the Northeasterly line of said Lot 21; thence North 73 02 00" East 405.52 feet; thence South 16 58' 00" East 53.00 feet; thence South 12 29' 39" East 1058 .40 feet to the Southerly line of said lot 21; thence South 81 40' 54" West 483.33 feet along said Southerly line to an angle point; thence North 61 31 37" West 735.49 feet along the Southwesterly line of said Lot 21 to the point of beginning; and -1- ATTY -26 (Page 1 of 3 pages) 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC78 -101 , decoying Conditional Use Permit No. 1831 ; 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 consider- ation 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 adjoining 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 im- pose 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 the action of the City Planning Commission d��en said conditional use permit be, and the same is hem, reversed and that Conditional Use Permit No. 1831 be, and the same is hereby, granted permitting commercial uses and a restaurant be granted with a waiver of the following provision of the Anaheim Municipal Code: 2- ATTY -26 (Page 2 of 2 Pages) SECTION 18.06.060 - Minimum number of parking spaces. (203 spaces required for Parcel No. 2; 182 spaces proposed) subject to the following conditions: 1. That this Conditional Use Permit is granted. subject to the completion of Reclassification Nos. 68 -69 -37 and 70- 71 -47, now pending. 2. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the center- line of the street along the proposed new street through the property. 3. That all engineering requirements of the City of Anaheim along the proposed new street through the property including prep- aration of improvements plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as reauired by the City Engineer and in accordance with stand- ard plans and specifications on file in the office of the City Engineer; that street lighting facilities along; the proposed new street through the property shall be installed as required by the Director of Public Utilities, and in accordance with standard plans and specifications on file in the Office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above- mentioned requirements. 4. That the centerline radius of the proposed new street through the property shall be a minimum of 150 feet. 5. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the center- line of the street along White Star Avenue for street widening purposes. 6. That all engineering requirements of the City of Anaheim along White Star Avenue including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; that street lighting facilities along White Star Avenue shall be installed as required by the Director of Public Utilities and in accordance with stand- ard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned requirements. —3— 7. That the centerline of White Star Avenue shall curve on a minimum radius of 150 feet to intersect the centerline of the future new street through the property at approximately 90 degrees. 8. That street lighting facilities along La Palma Avenue and Armando Street shall be installed as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above - mentioned requirements. 9. That sidewalks shall be installed along La Palma Avenue and Armando Street as required by the City Engineer and in accord- ance with standard plans and specifications on file in the Office of the City Engineer. 10. That the owner shall purchase the one foot lot " A " on the west side of Armando Street and dedicate an additional four feet from existing property line to the City of Anaheim for street and public utility purposes. 11. That the owner shall dedicate right -of -way for La Mesa Avenue based on a 60 -foot street width measured from the right -of- way line of the Riverside Freeway and shall post a cash bond for the future street improvements including street lights. 12. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 13. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 14. That subject property shall be served. by underground utilities. 15. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 16. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be sub- mitted to and approved by the City of Anaheim and then be re- corded in the office of the Orange County Recorder. 17. That the owner of subject property shall pay appropri- ate drainage assessment fees to the City of Anaheim as determined by the City Engineer prior to issuance of a building permit. -4- 180 That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 19. That the owner of subject property submit a letter re- questing the termination of Conditional Use Permit Nos. 1248 and 1567. 20. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 16. 21. That the use of the subject property shall be limited to those specific uses specified on the list entitled "La Palma Business Park Proposed Commercial Tenants Lots 2 & 7 heretofore submitted by applicant and incorporated herein by this reference. 22. That Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16 and 19, above mentioned, shall be complied with prior to the com- mencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 23. That Condition Nos. 12, 14, 15 and 20, above - mentioned, shall be complied with prior to final building and zoning inspec- tions. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of June, 1978. ATTEST: TY CLERK OF THE CITY OF ANAHEIM JLW:fm -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. , CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R -380 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of June, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -380 on the 13th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of June, 1978. CITY CXERK OF THE CIV OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -380 duly passed and adopted by the Anaheim City Council on June 13, 1978. i CITY CLERK