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1979-597ATTY -26 (Page 1 of 2 Pages) RESOLUTION NO. 79R -597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1923 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from FREDERICK R. AND RUTH E. SACHER, owners; CURTIS KINDRED, agent, to permit retail furniture sales on certain property situ- ated in the City of Anaheim, County of Orange, State of California, described as: That portion of Lot 20, in Block K of the Kraemer Tract, in the City of Anaheim, the County of Orange, State of California, as per Map recorded in Book 12, Pages 87 and 88 of Miscellaneous Records, in the Office of the County Recorder of Los Angeles County, State of California, described as follows: Parcel 2, as shown on a Map filed in Book 82, Page 31, of Parcel Maps, in the Office of the County Recorder of Orange County, California; 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 18 denying Conditional Use Permit No. 1923 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. 1g23 be, and the same is hereby, granted permitting retail sale of furniture on the hereinabove described property, subject to the following conditions: ATTY -26 (Page 2 of 2 Pages) --2- 1. That the owners of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) difference between indus- trial and commercial use at $150.00 per 1,000 square feet or fraction thereof prior to the issuance of a building permit. 2. That the proposed business shall comply with all signing requirements of the ML (Industrial, Limited) Zone. 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 3. 4. That Condition Nos. 2 and 3, above- mentioned, shall be complied with prior to final building and zoning inspections. 5. That said business shall not be open prior to 10:00 a.m. of any day. ises. 6. That no flags or banners shall be permitted on the prem- 7. That no window signs shall be permitted. 8. That said conditional use permit is granted for a maximum period of three (3) years only; further provided that said permit will be reviewed at the end of the first year of operation to estab- lish that not less than fifty percent (50 of all sales were whole- sale in nature; and will be further reviewed at the end of the second year of operation to establish that not less than seventy percent (70 of all sales for said period were wholesale in nature. 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 owners, their 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 of the City of Anaheim this 16thday of October, 1979. ATTEST: Attegim TY CLERK OF TH CITY OF ANAHEIM JLW fm 3- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL CITY CLERK I, LINDA D. ROBERTS, City Clerk of theCity..of Anaheim, do hereby_dertify that the foregoing Resolution No. 79R -597 was introduced and adopted at a regular meeting provided by law, of the .City .Council of the City of Anaheim held on the 16th day of October, 1979, by the following vote, of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Bay and Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the. Mayor of the City of Anaheim signed °said Resolution No. 79R -597 on the 16th day of October, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed_ the seal of the City of Anaheim this 16th day of October, 1979. 4MWA ,11 CITY.CLEJ OF THE CITY 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 -597 duly passed and adopted by the Anaheim City Council on October 16, 1979.