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1981-459 ~*'- ~, ,- RESOLUTION NO. ~'~-4~q A RESOLUTION OP '!'HE CITY COUNCIL OP THE CITY OP ANAHEIM OftANTI.O COHDltrIONAL USB PERMIT NO. ??4h . WHEREAS, the City PlanninB Commission of the City or Anaheim did receive an application ~or a conditional use perndt from THOMAS J. TALBOT AND YOLANDA! M. TALBOT, owners, and CUSHMAN & WAKEFIELD OF CALIFORNIA, INC., agent, to permit retail sales of automotive parts on certain real property situated in the City of Anaheim, County of Orange, State of California, de- scribed as: Parcell, in the City of Anah~im, as per map recorded in book Ill, page 45 of Parcel Maps, in the office of the county reco~der of said county; and .~ -1- ATTV-2' c..... 1 of 2 ......1 "" - mIEREAS, 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 repbrts offered at said hearing, did adopt its Resolution No. pe8l-l7l, grantinq Conditional Use Permit No. 2246 ,1 and mIEREAS, thereafter, within. the time prescribed by law, an interested party or the City Council, on its ownmo~ion, caused the review of said Planning Commission action at a duly noticed public hearing1 and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly ho~d and conduct .uch hearing and did give all persons interested t~erein an opportunity to be heard and did receive evidence and re~rts, and mIEREAS, the City Council f~nds, after careful consider- ation of the recommendations of the C1ty Planning Commission and all evidence and reports offered at s~id hearing, that: 1. The proposed use is properl~ one for which a conditional use permit is authorized by the Anah~im 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 developme~t 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 condit~onal 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 af the City Planning Commission %ranting said conditional use permit be, and the same is ereby, affit:e~and that Conditional Use Permit No. 2246 be, and the same s ereby, granted permitting retail sales of auto- motive parts on the hereinabove described property, subject to the following conditions: --2- ATTV-26 (PII.. 2 of 2 P8ges) L~ ._ .~ ~ 1. 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. "..., 2. That the owners of subject property shall pay the differ- ence between the industrial and commetcial traffic signal assessment fees (Ordinance No. 3896) in an amount as determined by the City Council, prior to the issuance of a bpilding permit. 3. That the owners of subject property shall pay to the City of Anaheim a fee, in an amount as det~rmined by the City Council, for street lighting along Ball Road. 4. That the owners of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 2009 to the Planning Department. s. That subject property shall be developed substantially in accordance with plans and specific~tions on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 6. That petitioner's retail sales area shall occupy only 25% of the total floor area. 7. That Condition Nos. 3 and 4, above-mentioned, shall be complied with prior to the commencemept of the activity authorized under this resolution, or prior to th~ time that the building per- mit is issued, or within a period of cne year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 8. That Condition Nos. 1, 2 ana 5, above-mentioned, shall be complied with prior to final building and zoning inspections. 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. ~ BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conaitional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regu- lations and the conditions therein. -3- .I>.. "-'~'" ,-..."". 4 ~ - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of September, 1981. ~TTEST: Q~~~~.-'ANAHEIM JLW: fm -4- - STATE OF CALIFORNIA C~UNTY OF ORANGE CITY OF ANAHEIM " ss. I, LINDA D. ROBERTS, City Clerk of the Cit~ of Anaheim, do hereby certify that the foregoing Resolution No. 81R-459 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day o~ September, 19B1, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certi fy that the Mayor' of the City of Anaheim signed said Resolution No. 81R-459 on the ~9th day of September, 19B1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of September, 1981. ~-l~ CITY CL RK OF THE CI .F 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. BlR-459 duly passed and adopted by the Anaheim City Council on September 29, 1981. O(J~ \: cf CLE · ~ ~ .......-.