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1979-086RESOLUTION NO. 79R -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1902 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT D. ETCHANDY, owner; and ELDEN W. BAINBRIDGE, GOLD KEY FURNITURE COMPANY, agents, to permit retail sales of furniture in an "ML" LIMITED INDUSTRIAL ZONE on certain real property situ- ated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE NORTHWEST QUARTER OF FRAC- TIONAL SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST OF THE SAN BERNARDINO MERIDAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION: THENCE N 2 16' 30" E 789.50 FEET ALONG THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED TO PETER ALLEC, JR. AND ROBERT JOHN ALLEC BY DEED RE- CORDED MARCH 2, 1928 IN BOOK 140 PAGE 93 OF OFFI- CIAL RECORDS, PRODUCED WESTERLY, SAID POINT BEING ALSO IN THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE LAND DESCRIBED IN THE AGREEMENT BETWEEN J.W. WALLS AND WIFE AND GEORGE LEMKE AND WIFE, RE- CORDED FEBRUARY 26, 1931 IN BOOK 459 PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 88° 27' 00" EAST 360.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE S 2 16' 30" W 789.50 FEET TO SAID SOUTH LINE; THENCE N 88° 27' 00" W 360.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 5, 1967 IN BOOK 8216 PAGE 857 OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 90 PAGE 19 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; AND ATTY -26 (Page 1 of 2 Pages) -1- 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. PC79 -1 denying Conditional Use Permit No. 1902 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No.1902 be, and the same is hereby, granted permitting retail sales of furniture on the aforedescribed property, subject to the following conditions and stipulations of applicant: ATTY -26 (Page 2 of 2 Pages) -2- 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 60 feet in width from the center- line of the street along Tustin Avenue for street widening purposes; and conditionally dedicate to the City of Anaheim a strip of land variable in width from the centerline of the street as required by the City Engineer along Tustin Avenue for slope construction pur- poses, conditioned upon the widening of the Tustin Avenue freeway overcrossing. 2. That all engineering requirements of the City of Anaheim along Tustin Avenue from the centerline of the east -west private street to approximately 275 feet south thereof, including prepara- tion 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 stand- ard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Tustin Avenue shall be installed prior to final building and zoning inspections unless otherwise approved by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satis- factory to the City of Anaheim shall be posted with the City to guarantee that the above improvements will be installed prior to occupancy. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 4. 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. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer, which shall include installation of RCP in place of the existing open channel through the area of street improvement on Tustin Avenue. 7. 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 submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 8. That the existing slope on the east side of Tustin Avenue shall be landscaped and irrigated as approved by the Park- way Maintenance Superintendent and maintained by the developer. 9. That the owner(s) of subject property shall pay the traf- fic signal assessment fee (Council Policy No. 214) amounting to $30.00 per 1000 square feet or fraction thereof for industrial buildings and $180.00 per 1000 square feet or fraction thereof for retail buildings prior to the issuance of a building permit. 10. 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 4. 11. That Condition Nos. 1, 2 and 7, above mentioned, shall be complied with prior to the commencement 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, which- ever occurs first, or such further time as the Planning Commission may grant. 12. That Condition Nos. 3, 5, 6 and 8, above mentioned, shall be complied with prior to final building and zoning inspections. 13. That the minimum site shall be one (1) acre. 14. That the proposed single use shall occupy no less than 45,000 square feet of building space. 15. That the building shall be of industrial style architec- ture normally used in M -L zones. Displays in windows shall not be permitted. 16. That all sales shall be conducted within the building. 17. That the use will not create vehicular traffic greater in volume than that which is created by M -L uses in the immediate area. 18. That the hours of operation shall be: 10:00 A.M. to 9:00 P.M. Monday through Friday 10:00 A.M. to 7:00 P.M. Saturday 11:00 A.M. to 6:00 P.M. Sunday 19. That the pedestrian traffic generated by such use shall not exceed that which is created by M -L uses in the immediate area. 20. That actual parking required to accommodate the patrons of the applicant shall not exceed the requirements of the M -L zone. 21. That all signs erected by the applicant will comply with size and location requirements of the M -L zone. 22. That no merchandise will be picked up from this location except merchandise that can be hand carried from the store. 23. That the sale of merchandise by the applicant is restricted to furniture and related home furnishings merchandise. 24. That the applicant shall display furniture in group or room settings in combination with other home furnishing accessor- ies, such as lamps, pictures, mirrors and china. 25. That the sale of advertised leader items designed to pro- duce pedestrian traffic shall be prohibited. 26. That the Conditional Use Permit is issued for the purpose of permitting occupancy of the subject building by Gold Key Furni- ture, Inc. and successor's companies as long as the operation com- plies with the Conditional Use Permit. 27. That further proposed partitioning or subdivision of the premises in a manner that would permit additional tenants to occupy the building or any proposed introduction of additional tenants into or onto the subject premises shall be submitted to the Planning Commission for their approval and amendment of the Conditional Use Permit granted. BE IT FURTHER RESOLVED that the City Council hereby re- serves 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 therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this lath d. February, 1979. ATTEST: CITY OF ANAHEIM CITY CLER JW fm MAY OF THE OF ANA IM 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. 79R -86 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 February, 1979, 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. 79R -86 on the 13th day of February, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of February, 1979. (SEAL) CITY CLE OF THE CITY F ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -86 duly passed and adopted by the Anaheim City Council on February 13, 1979.