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1979-648ATTY -26 (Page 1 of 2 Pages) RESOLUTION NO. 7AR -648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2021 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ELDEN W. BAINBRIDGE, owner, to permit a wholesale and retail appliance facility on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 1, 2, AND 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 134 PAGES 49 and 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and -1- 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC79 -186 denying Conditional Use Permit No. 9 (191 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 consider- ation 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 adjoining 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 traffic generated by the proposed use will not im- pose an undue burden upon the streets and highways designed and improved to carry the 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 the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission denying said conditional use permit be, and the same is hereb reversed and that Conditional Use Permit No. 2021 be, and the same i.s hereby, granted permitting a wholesale and retail appliance facility on the hereinabove described property subject to the following conditions: ATTY -26 (Page 2 of 2 Pages) -2- 1. That the proposed wholesale and retail appliance facility shall comply with all signing requirements of the ML zoning. 2. That the owner of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896) in an amount as determined by the City Council, prior to the issuance of a building permit. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 4. That Condition Nos. 1 and 3, above mentioned, shall be complied with prior to final building and zoning inspections. 5. That all signing shall indicate the operation to be "builder's supply." 6. That said use shall be subject to an annual audit by the City to assure that annual retail sales do not exceed 25% of the busi- ness and that this conditional use permit shall be revoked by the City within ninety (90) days should said 25% limitation be exceeded. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council this 30th day of October, 1979. ATTEST: IT CLERK OF T E CITY OF ANAHEIM J LW fm Ai A-Arl// r0 OF HE CI /7 •F q EIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -648 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of October, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -648 on the 30th day of October, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of October, 1979. CITY C ERK OF THE C TY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -648 duly passed and adopted by the Anaheim City Council on October 30, 1979.