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RESOLUTION 63-138 OVERRULING THE PLANNING COMMISSION AND GRANTING CONDITIONAL USE PERMIT NO. 152 FILED BY FACTORY DEVELOPMENT CORPORATION WHEREAS, after hearing, the Santa Ana Planning Commission denied application for Conditional Use Permit No.152, and Appeal Application No. 90 was filed presenting the matter to the City Council; and at the original hearing thereon held August 5th, 1963, the City Council instructed the City Attorney to prepare a resolution denying said Conditional Use Permit; and WHEREAS, on the 19th day of August, the next regular meeting of the City Council, only four members of the Council were present and the matter was continued to an adjourned meeting of the City Council to be held August 26th, 1963, at 5:00 P.M., fo= further consideration and discussion of the law applicable to the Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana finds: 1. That the use as requested by the application for Conditional Use Permit No. 152 is desirable to provide shopping facilities in the Southwest part of Santa Aha which will contribute to the general well- being of the neighborhood and community; 2. That such use will not, under the circumstances of this particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity of the property ~n question~or injurious to property or improvements in said vicinity; 3. That the proposed use will comply with the regulations conditions specified in Chapter 2 of Article IX of the Santa Aha Municipal Code for such use; and 4. That the granting of this Conditional Use Permit will not adversely affect the general plan of the City of Santa Ana. BE IT FURTHER RESOLVED: That based upon said Findings of Fact the City Council hereby overrules the Planning Commission and hereby grants Conditional Use Permit No. 152, filed by FACTORY DEVELOPMENT CORPORATION to construct a 130,000 square feet of building for a department store and gas station on approximately 12 acres of property,irregular in shape, located at the Northeast corner of Warner Avenue and Harbor Boulevard for the operation of a discount department store on property zoned M-i, under the following conditions: The following conditions are to be complied with prior to the issuance of a building permit: 1. That the subdivider's engineer furnish the Department of Public Works an on-site drainage flow plan showing the direction and flow to adjacent streets when this property is developed. 2. That the subdivider's engineer furnish the Department of Public Works a final grading plan including existing elevations along the property lines. 3. That the owner pay a drainage assessment fee of $300.00 per acre. 4. That only one drive approach be permitted on Warner Avenue. -1-