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2000-057RESOLUTION NO. 2000R-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 4148 AND AMENDING RESOLUTION NO. PC99-165. WHEREAS, the Planning Con~mission of the City of Anaheim heretofore adopted Resolution No. PC99-165 approving Conditional Use Permit No. 4148, subject to certain conditions specified therein; and WHEREAS, the permittee heretofore requested an amendment to certain of said conditions of approval; and BE IT FURTHER RESOLVED that new Conditions Nos. 22 and 23 be, and the same are hereby, added to Conditional Use Permit No. 4148, to read as follows: WHEREAS, the City Planning Con~nission held a duly noticed public hearing concerning said request after which hearing the Planning Commission adopted its Resolution No. PC2000-13 amending certain of said conditions of Conditional Use Permit No. 4148; and WHEREAS, thereafter, within the time permitted by law, the permittee appealed said decision to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on March 21, 2000, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, an existing legal nonconforming billboard exists on the property which~pursuant to the provisions of Section 5412 of the Business and Professions Code, shall be allowed to remain on the property regardless of any condition or requirement imposed on the permittee pursuant to the terms and conditions of Conditional Use Permit No. 4148 as set forth in either Resolution No. PC99-165 or this Resolution N0. 2000R-57; 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. 4148 be, and the same are hereby, amended by the amendment of Conditions Nos. 4, 13, 17 and 20 as set forth in Resolution No. PC99-165 to read as follows: "4. That within a period of six (6) months from the date of this resolution (Council Resolution No. 2000R-57), the existing driveways closest to the intersection of Orange Avenue and Magnolia Avenue shall be removed and replaced with standard curb, gutter sidewalk and landscaping. 13. That within a period of one (1) month from the date of this resolution (Council Resolution No. 2000R-57) plans showing all the existing signage on the property shall be submitted to the Planning Department for review and approval by the Planning Commission as a "Reports and Recommendations" item. 17. That one (1), minimum fifteen (15) gallon size tree shall be planted for every twenty (20) feet of planter length in the existing landscape planters along Orange and Magnolia Avenues. Landscape plans showing the type of tree proposed shall be submitted to the Planning Department for review within sixty (60) days of the date of this resolution. Said landscaping shall be planted within six (6) months of the date of this resolution (Council Resolution No. 2000R-57). 20. That Condition Nos. 1, 2, 5, 6, 9, 11, 12, 15 and 19 above-mentioned, shall be completed within a period of three (3) months from the date of this resolution (Council Resolution No. 2000R-57). Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code." BE IT FURTHER RESOLVED that new Conditions Nos. 22 and 23 be, and the same are hereby, added to Conditional Use Permit No. 4148, to read as follows: "22. That within a period of six (6) months from the date of this resolution (Council Resolution No. 2000R-57), a conditional use permit shall be obtained for the existing non-conforming billboard. 23. That with a period of two (2) months from the date of this resolution (Council Resolution No. 2000R-57), the existing broken planters shall be refurbished." herein, effect. BE IT FURTHER RESOLVED that, except as expressly amended Resolution No. PC99-165 shall remain in full force and THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of March, 2000. ATTEST: MfY~ IM 35141.1 -3-