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84R-306 "- "~ RESOLUTION NO. 84R-306 A RESOL~TION OF THE CITY COUNCIL OF THE CITY OF ANAH 1M GRANTING CONDITIONAL USE PERMIT NO. 256 . ,.....,.., WHEREAS" the City Planning Commission of the City of Anaheim did recei~e an application for a conditional use permit with a waiver of qertain provisions of the Anaheim Municipal Code from Equitec 80 R~al Estate Investors, Owner, and Shawn Common, agent, to permit tetail sales of computers and office furniture upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: That portion of the northeast quarter of Section 26, Township 4 s~uth, range 10 west in the Rancho San Juan Cajon de San~a Ana, as shown on a map recorded in Book 51, page 10 ~f Miscellaneous Maps, records of Orange County, California, described as follows: Parcel 4, as" shown on a map recorded in Book 81, page 32 of Parcel 'Maps, in the Office of the County Recorder of .aid Orange County; and WHEREAS, the City Planning Commission did hold a public hearing upon said! application at the City Hall in the City of Anaheim, notices ~f which public hearing were duly given as required by law apd 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 conside~ation of all evidence and reports offered at said hearing, did' adopt its Resolution No. PC-84-l22 granting Conditional Use P~rmit No. 2562; 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 /""""" WHEREA~, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all ~ersons interested therein an opportunity to be heard and did redeive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the ~commendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The prqposed 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 adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. ,......, 3. The siz~ and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrim~ntal to the particular area nor to the peace, health, safety an4 general welfare. 4. The traffic generated by the proposed use will not impose an undue b~rden upon the streets and highways designed and improved to carry:the traffic in the area. 5. The gra~ting of the conditional use permit under the conditions impose~ will not be detrimental to the peace, health, safety and genera! welfare of the citizens of the City of Anaheim. AND WHE~EAS, 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 th, City Council regarding said requested waiver{s), that all of the conditions set forth in Section 18.06.080 of the ~aheim Municipal Code are present and that said waiver{s) should be granted, for the following reasons: 1. The varlance{s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land us~s; and 2. The grapting of the variance{s) under the conditions imposed will not pe detrimental to the peace, health, safety or general welfare o~ the citizens of the City of Anaheim. NOW, TH~REFORE, BE IT RESOLVED by the City Council of the City of Anahe~m that, for the reasons hereinabove stated, the action of the Citf Planning Commission granting said conditional use permit be, anp the same is hereby, affirmed and that Conditional Use P~rmit No. 2562 be, and the same is hereby, granted permitting retail sales of computers and office furniture on the hereinabov~ described real property with a waiver of the following provisipns of the Anaheim Municipal Code: Sections l8.P6.050.022 - Minimum number of parking spaces and 1~.6l.066.050 (668 spaces required; 526 spaces propo!sed) ~, subject to the fallowing conditions: 1. That a 'traffic signal assessment fee equaling the difference betwe~n the industrial and commercial assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Council. -2- "- .-. ~. 2. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approvQd by the Planning Commission or City Council. 3. That su~ject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Hos. 1 and 2. 4. That Condition Nos. 1 and 3, above-mentioned, shall be completed within a period of 60 days from the date of this resolution. BE IT F$RTHER RESOLVED that the City Council does hereby find and determin~ that adoption of this Resolution is expressly predicated upon a~plicant's compliance with each and all of the conditions herein;bove 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 a~y approvals herein contained, shall be deemed null and void. City THE FOR'GOING RESOLUTION is approved and adopted by the Council of tbe City of Anaheim this 7th day of August, 1984. , MAY~C~~ ~~~ ~, -3- r- ~ STATE QF CALIFO~ ) COUNTY OF OR4JGE ) ss. CITY Of ANAHEIM ) I, LEQtORA N. SO~, City Cle~k of the ctty of Anahe1a, do hereby certify that the fOlegoing Resolution No. '4R-306 wa, introduced and adopted at a regular meetina provided by law, of e City Co~il of the City of Anaheim held on the 7th day of August, 1984, by the following vote of the members thereof: AYES: ! COUNCIL MEMBERS: I Bay, Overholt, Pickler and Roth I 1 I NOES: COUNCIL MEMBERS:! Kaywood ABSlNTt COID<<;IL MEMBERS:! Nene AJQ) I Ml'III!I1. ce;l!tify that t4 Malor of, the City of 4Daheia signed .,aid ResoluCion No. 84Il-306 on th.""7th day of August, 1984. I IN WI'DIESSWwnmQF, I have ...l~eunto set my hand and affixed ,the seal of. the City of Anaheim this 7th da;TOf August, 1984. . ! ~-'~~ ctn CLERK OF THE CITY OF AHAHEIM ( SIILF I, LEOIIORA N. SOUL, City Cle~,t of the Cll ty of Anahe:La, dOhereb,-. 'certifY" that the fOl'egoing is the origina of Resolution No. 84R-306 duly passed and adoptee! by the Anaheim City ouncil on August 7, 1984. " ,.... - - . .~.._.-. ..._~,~" ~~. CITY CLERK .. -- 1 i