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86R-409 RESOLUTION NO. 86R-409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2807. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from COSBY WAY PARTNERS, 5100 Birch Street, 2nd Floor, Newport Beach, California 92660, agent upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 4, AS SHOWN ON A MAP FILE IN BOOK 90, PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 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. PC86-152 granting Conditional Use Permit No. 2807, but denying a requested parking waiver; 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 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. 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 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 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. 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 the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present and that said waiver(s) should not be granted, for the following reasons: 1. The variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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, for the reasons hereinabove stated, the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2807 be, and the same is hereby, granted permitting personal auto repairs and storage in an existing multi-tenant industrial building on the hereinabove described real property but denying a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0222, - 18.06.050.031, 18.06.080 AND 18.61.066.050 Minimum spaces. required; existing) number of parking (76 spaces 71 spaces subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3; provided, however, that personal automotive repairs and storage shall be limited to an area having a maximum of 3040 sq. ft. (Units M, Nand T) of the existing multi-tenant industrial building. 2. That subject use shall be permitted for a period of one (I) year until September 9, 1987. If the petitioner wishes to continue the use beyond said date, a written request shall be submitted to the Planning Department by the petitioner. The petitioner shall also be responsible for the expense of advertising this use permit for a possible extension of time or any amendment to the conditions herein. -2- BE IT 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 the 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 9th day of September, 1986. ~ ATTEST: '-----p /}, c---> A // ~&:L /r 0~ CITY CLERK OF THE CITY OF ANAHEIM JWF :fm 5835M 101086 -3- -,,",'< .,.'"'"'"----',."-..~____.,...~_._"'_.w 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 the foregoing Resolution No. 86R-409 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of September, 1986, by the following vote of the members thereof: A YES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth l'JOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-409 on the 9th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of September, 1986. ~~~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-409 duly passed and adopted by the Anaheim City Council on September 9, 1986. ~~~~ CITY CLERK .','''''',''........'''''......-..- ""...",.,-