Loading...
1981-381RESOLUTION NO. 81R-381 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING REQUEST FOR DELETION OF CONDITION NOS. 2 AND 5 OF PLANNING COMMISSION RESOLUTION NO. PC81-83 AND EXTENDING TIME FOR COMPLIANCE WITH CONDITIONS. (CUP 2198) WHEREAS, the Planning Commission of the City of Anaheim heretofore adopted Resolution No. PC 81-83 approving Conditional Use Permit No. 2198 subject to certain conditions of approval specified in said Resolution; and WHEREAS, Mr. David Traub, agent for the owner of the premises subject to said permit (hereinafter "applicant"), hereto- fore filed an application for the deletion of Condition Nos. 2 and 5 from the conditions o.f approval set forth in Resolution No. PC81-8 3 ; and WHEREAS, on June 15, 1981, the Planning Commission con- ducted a duly noticed public hearing on said request for deletion of conditions and, following receipt of oral and documentary testi- mony, denied said request; and WHEREAS, applicant thereafter appealed said decision of the Planning Commission to the City Council in the manner and within the time required by law; and WHEREAS, on August 18, 1981, the City Council conducted a duly noticed public hearing on said appeal and, as a result thereof, the City Council does hereby find as follows: 1. That the proposed amendment of Resolution No. PC81-83 by the deletion of Condition Nos. 2 and 5 therefrom does not meet the criteria set forth in Sections 18.03.030 and 18.03.092 of the Anaheim Municipal Code; and 2. That the amendment of Condition Nos. 2 and 5 of Resolution No. PC81-83 in the manner hereinafter set forth is reasonably neces- sary to safeguard and protect the public health and safety and promote the general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the request for deletion of Condition Nos. 2 and 5 from Resolution No. PC81-83 be, and the same is hereby, denied. BE IT FURTHER RESOLVED that an extension of time for com- pliance with said conditions be, and the same is hereby, approved by the amendment of Condition Nos. 2, 5 and 10 of Resolution No. PC81-83 to read as follows: -1- 2. That on or before October 17, 1981, street light- ing facilities along Katella Avenue and Zeyn Street shall be installed as required by the Office of Utilities General Manager and in accordance with specifications on file in the Office of Utilities General Manager; or, on or before October 17, 1981, a bond, certificate of deposit, letter of credit, or cas'n, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the instal- lation of the above-mentioned requirements within such period of time as approved by the Office of the Utilities General Manager. 5. That the owners of subject property shall pay th e traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council for commercial build- ings on or before October 17, 1981. 10. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity auth- orized 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. BE IT FURTHER RESOLVED that, except as specifically amended herein, said Resolution Resolution No. PC81-83 shall remain in full .force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of August, 1981. ~; MAYO'~t OF THE CITY ~OF ANAHEIM ATTEST: 4` CITY CLERK OF THE C TY OF ANAHEIM JLW:fm -2- "~*,~, 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. 81R-381 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of August, 1981, 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 certify that the Mayor of the City of Anaheim signed said Resolution No. 81R-381 on the 18th day of August, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of August, 1981. CITY C ERK OF THE CIT 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. 81R-381 duly passed and adopted by the Anaheim City Council on August 18, 1981. CITY CLER