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96-011 RESOLUTION NO. 96R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AHENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3792 AND AHENDING RESOLUTION NO. PC95-121. WHEREAS, the Planning Commission of the City of Anaheim heretofore adopted Resolution No. PC95-121 approving Conditional Use Permit No. 3792, subject to certain conditions specified therein; and WHEREAS, the petitioner has now requested an amendment to certain of said conditions of approval; and WHEREAS, the petitioner has submitted a letter indicating that a property survey (conducted after subject use permit was approved) shows the property is almost 14% larger than originally believed because it is actually 26 feet deeper (213 feet instead of 187 feet deep); WHEREAS, the petitioner has submitted a revised site plan (labeled Revision No. 1 of Exhibit No. 1) using the correct property measurements and proposing the following modifications to the site plan: (i) Increasing the landscaped setback along Lincoln Avenue from 10 to 12 feet; (ii) Increasing the front drive aisle width along Lincoln Avenue from 26 to 30 feet; (iii) Increasing the depth of Building "A" from 75 to 95 feet and increasing the depth of Building "C" from 80 feet to 85 feet, thereby increasing certain floor areas of the commercial center by about 20%, as shown below: Use Orlqinal Revision i Chanae Self-storage facility 71,920 87,235 +15,315 sq.ft. with accessory office Police station 400 400 0 Shakey's take-out restaurant 1,200 1,200 0 Retail spaces 926 1,112 +186 sG.ft. Total 74,446 89,947 +15,501 sq. ft. sq. ft. sq. ft. (iv) Increasing the number of proposed parking spaces from 28 to 30 and increasing the number of required parking spaces from 125 to 159 spaces, a 2% deviation from the originally approved parking waiver. WHEREAS, the City Planning Commission did hold a public hearing at the civic Center in the City of Anaheim on December 11, 1995, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and thereafter approved said modifications to Conditional Use Permit No. 3792; and WHEREAS, the City Council held a duly noticed public hearing on January 23, 1996, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the revised site plan shows the correct property dimensions which, due to greater property depth, can accommodate a larger development proposal than originally planned; 2. That the revised site plan permits increased building setbacks and an increased landscape setback along Lincoln Avenue; 3. That the modification to the parking waiver (b), relative to the proposed uses and added parking spaces, has been reviewed and approved by the City Traffic and Transportation Manager; and that the modification amounts to only a 2% deviation from the originally approved waiver; 4. That the proposed use, as amended, is properly one for which a conditional use permit is authorized by the Zoning Code; 5. That the proposed use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 6. That the size and shape of the site for the proposed use, as amended, 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; 7. That the traffic generated by the proposed use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 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 that the City Council does hereby amend Resolution No. PC95-121, adopted in connection with Conditional Use Permit No. 3792, as follows: A. That the parking waiver (b) shall read: - 2 - (b) Section 18.06.020.022 - Minimum number of parking spaces. 18.06.020.0234 (159 required; 18.06.030.031 3__Q0 proposed and concurred with by the 18.06.080 City Traffic and Transportation Manager) and 18.44.066.050 B. That Condition No. 7 shall read: 7. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 6. C. That a new Condition No. 12 is added to read: 12. That the commercial retail center shall be limited to a maximum of five (5) units. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. PC95-121 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of January, 1996. MAYOR OF THE CITY OF~NAHEIM CITY CLERK OF THE CITY OF ANAHEIM 15631.1\JNH~TE\January 25, 1996 -- 3 -- 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. 96R-11 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of January, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-11 on the 23rd day of January, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of January, 1996. 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. 96R-11 was duly passed and adopted by the City Council of the City of Anaheim on this January 23rd, 1996. CITY CLERK OF THE CITY OF ANAHEIM