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97-198RESOLUTION NO.97R -198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3659 AND AMENDING RESOLUTION NO. PC94 -15. WHEREAS, the Planning Commission of the City of Anaheim heretofore adopted Resolution No. PC94 -15 approving Conditional Use Permit No. 3659, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to certain of said conditions of approval; and WHEREAS, the Planning Commission held a public hearing on said application on September 3, 1997, after which the Planning Commission adopted its Resolution PC97 -122 approving certain amendments to the conditions of approval of Conditional Use Permit No. 3659; and WHEREAS, the decision of the Planning Commission was appealed to the City Council by the applicant within the time and manner provided by law; and WHEREAS, the City Council held a duly noticed public hearing on October 21, 1997, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3659 be, and the same are hereby, amended by the amendment of Condition No. 14 as set forth in Resolution No. PC94 -15 to read as follows: "14. That the property owner shall, not later than December 31, 1997, submit proof satisfactory to the Planning Director and City Attorney that the market /grocery store has off street parking for such use which complies with applicable requirements of the Anaheim Municipal Code and this conditional use permit shall remain in effect only as long as such use continues to comply with all applicable off street parking requirements set forth in the Anaheim Municipal Code." BE IT FURTHER RESOLVED that new Condition No. 16 be, and the same is hereby, added to Conditional Use Permit No. 3659, as set forth in Resolution No. PC94 -15 to read as follows: BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC94 -15 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of October, 1997. ATTES CITY CLERK OF THE CITY OF ANAHEIM 0024800.01 "16. That the existing metal "scissors" gate at the front of the store shall be removed and that there shall be no outdoor display or storage of products other than activities which are authorized in connection with approval of a Special Event Permit." 2 MAYOR OF THE CITY OF AN?.r, EIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -198 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of October, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: Daly AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -198 on the 21st day of October, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of October, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -198 was duly passed and adopted by the City Council of the City of Anaheim on October 21st, 1997. l_ CITY CLERK OF THE CITY OF ANAHEIM