Loading...
1981-494RESOLUTION NO. 81R 494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2252 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CARL H. BURRIS AND JUDY A. BURRIS, owners, and MONTE SILVERBERG and LAW OFFICES OF FLOYD L. FARANO, agents, to per- mit a retail carpet sales facility on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Parcels 1 and 2 in the City of Anaheim, as shown on a map recorded in book 135, page 33 of Parcel Maps records of said Orange County, as amended by Lot Line Adjustment by the City of Anaheim, recorded August 13, 1979, in book 13266, page 880; and ATTY -26 (Pays 1 of 2 Pagel) -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. PC81 -202 granting Conditional Use Permit No. 2252 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 -h granting said conditional use permit be, and the same is ereby, p ffir ionpr i and that Conditional Use Permit No. 2252 be, and the same is hereby, granted permitting a retail carpet sales facility on the hereinabove described premises subject to the following conditions: ATTY -26 (Page 2 of 2 Pages) -2- 1. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Department. 2. That the owners of subject property shall submit a letter requesting the termination of Conditional Use Permit Nos. 1442, 1520 and 1588, to the Planning Department. 3. 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 3. 4. That the owners of subject property shall pay the differ- ence between the traffic signal assessment fees for commercial and industrial buildings within a period of ninety (90) days. Said fees shall be based on 25% of the total floor area. 5. That there shall be no flags, banners, window signs, or sidewalk or parking lot sales. 6. That the use is granted for a period of two (2) years, at the end of which time and upon written request by the petitioner, time extensions may be granted by the Planning Commission if it is determined that the use has not had an adverse impact on surrounding businesses. 7. That Condition Nos. 1, 3, and 4, shall be completed within a period of 60 days. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this resolution is expressly predicated upon applicants' compliance with each and all of the conditions hereinabove set forth. Should any such condition, 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 re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their 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 27th da of October, 1981. ATTEST: CITY CLERK OF THE '.TY OF ANAHEIM JLW:fm -3- AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R -494 on the 27th day of October, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of October, 1981. 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 -494 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of October, 1981, by the following vote of the members thereof: (SEAL) OF THE C ERK Y OF ANAHEIM CtiL HEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -494 duly passed and adopted by the Anaheim City Council on October 27, 1981.