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88-118RESOLUTION NO. 88R-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAltEIM GRANTING CONDITIONAL USE PERMIT NO. 2975. WHEREAS, the City Planning Commission of the City o£ Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from PHILIPE DELGADO, ET. AL., 712 E. Ball Road, Anaheim, CA 92800, c/o ROBERT S. SKLAR, owner and FARANO AND KIEV1ET, 100 S. Anaheim, Blvd., Suite 240, Anaheim, CA 92805, Attn: KARIN L. WATTS, agent, to permit a retail appliance liquidation sales outlet in conjunction with an appliance warehouse upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: COMMENCING AT A POINT IN THE NORTH LiNE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSttlP 4 SOUTH, RANGE 10 WEST, S.B.B.&M., WHICH POINT IS 3S9.40 FEET EASY OF THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23, RUNNING THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION TO THE POINT WHERE SAID NORTH LINE IS INTERSECTED BY THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE CALIFORNIA CENTRAL RAILWAY CO., AS SHOWN BY A MAP OF SAtD RIGHT OF WAY RECORDED IN BOOK 39, PAGE 34, ET SEQ., OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; RUNNING TIfENCE SOUTHERLY ALONG SAID WESTERLY BOUNDARY LINE OF SAID RIGHT OF WAY TO THE POINT WHERE THE SAME INTERSECTS THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; TItENCE WESTERLY ALONG SAID SOUTH LINE 20 A POINT THEREIN, WHICH IS 359.40 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23; THENCE NORTHERLY PARALLEL WITH THE WES~ LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23 TO THE POINT OF BEGINNING; and 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 required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation 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. PC88-19 denying Conditional Use Permit No. 2975; 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 finOs, after careful consi- deration 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 in that it has been determined that said use qualifies as an unlisted use within the meaning of Section 18.05.030.010 of the Anaheim Municipal Code because it is similar to, and compatible with the uses permitted or conditionally permitted in the ML Zone for the following reasons: (a) said use is incidental to the appliance warehousing use of the premises, (b) retail sales are limited to the sale of damaged, discontinued or floor sample merchandise from the owner's own stock in trade, and (c) the retail sales use comprises only six percent (6%) of the total building area. 2. The proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of tile 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 tile peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry tile 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 tile citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of tile conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: -2- 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and imposed general The granting of the variance(s) under the conditions will not be detrimental to the peace, health, safety or welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2975 be, and the same is hereby, granted permitting a retail appliance liquidation sales outlet in conjunction with an appliance warehouse as such use is hereinabove described on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.0S0.0212, 18.06.0S0.022, AND 18.06.050.031 - Minimum number (345 required; of parking spaces. 127 existing). subject to the following conditions: 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. That a traffic signal assessment fee equaling the difference between the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. o That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2044 to the Zoning Division. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. That the proposal shall comply with all requirements of the HL Zone including the prohibition of flags, banners, special events or other promotional advertising, unless a variance is approved by the City Council, Planning Commission or Zoning Administrator. That the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 85-01 between the City of Anaheim and Annaheim Stadium Associates, which istrict(s) could include such owner's property. -3- 10. That subject property shall be developed substantially irt accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. That Condition Nos. 1, 2, 3, 4, O, and 7, above-mentioned, shall be completed within a period of ninety (90) days from tile date of this resolution. That said retail sales use shall be conducted and limited in its operation as hereinabove defined and described. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE 1T 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 tile 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of March, 1988. MAYOR OF THE CITY OF ~NAHEIM ATTEST: OL~/jd 2560L 051888 -4- CLERK 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 tae foregoing Resolution No. 88R-118 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of March, 1985, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL ~MBERS: Ehrle, Hunter, Kaywood and Pickler Bay None AHD I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-118 on the 25th day of March, 1988. IN WITNESS k~HEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of March, 1988. CITY CLERK OF THE CITY OF ANAHEIM (s~) I, LEONOKA N. SOHL, Cfty Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-118 duly passed and adopted by the Anaheim City Council on March 15, 1988. CITY CLERK OF THE CITY OF AHAHEIM