2002-096RESOLUTION NO. 2002R-96
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 2001-
04494.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
for an existing telecommunications monopole with accessory
ground-mounted equipment and to permit a used auto sales facility
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
PARCEL 1: THE EAST 110.00 FEET OF THE WEST
200.00 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9, DISTANT THEREON 220 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE EAST PARALLEL TO THE SOUTH LINE OF
SAID SECTION 9, 606.95 FEET; THENCE NORTH
PARALLEL TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
9, TO A POINT IN THE CENTER LINE OF THE 80
FOOT STATE HIGHWAY, AS CONVEYED TO THE STATE
OF CALIFORNIA, BY DEED RECORDED JANUARY 17,
1935 IN BOOK 724 PAGE 350, OFFICIAL RECORDS;
THENCE NORTHWESTERLY ALONG THE CENTER LINE OF
SAID STATE HIGHWAY TO ITS INTERSECTION WITH
THE WEST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 9; THENCE
SOUTH ALONG SAID WEST LINE 198.11 FEET TO THE
POINT OF BEGINNING.
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9 THENCE NORTH 0 DEG. 43' 06"
WEST FROM THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION; THENCE SOUTH 0 DEG. 43' 06"
EAST 40.86 FEET ALONG SAID WEST LINE TO A
POINT LOCATED 8.50 FEET NORTHEASTERLY ON THE
CENTER LINE OF A SWITCH TRACK OF RAILROAD,
SAID DISTANCE MEASURED AT RIGHT ANGLES TO
SAID TRACT; THENCE ALONG A LINE PARALLEL TO
AND 8.50 FEET NORTHERLY OF SAID CENTER LINE
OF SAID RAILROAD TRACK THROUGH THE FOLLOWING
COURSES AND DISTANCES WHICH FOLLOW
APPROXIMATELY BUT NOT EXACTLY THE CURVE OF
SAID TRACK, SOUTH 84 DEG. 21' 01" EAST 25.15
FEET; SOUTH 87 DEG. 37' 38" EAST 25.04 FEET;
NORTH 89 DEG. 44' 29" EAST 25.00 FEET; NORTH
86 DEG. 49' 51" EAST 25.02 FEET; NORTH 82
DEG. 49' 23" EAST 25.16 FEET; NORTH 81 DEG.
11' 58" EAST 25.25 FEET; NORTH 82 DEG. 06'
00" EAST 25.20 FEET; NORTH 85 DEG. 28' 58"
EAST 25.06 FEET; THENCE LEAVING SAID TRACT
NORTH 0 DEG. 42' 06" WEST 32.94 FEET, MORE OR
LESS, TO A POINT IN THE LINE PARALLEL TO AND
220.00 FEET NORTHERLY OF THE SOUTH LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION; THENCE SOUTH 89 DEG.
16' 54" WEST 200.00 FEET ALONG SAID PARALLEL
LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE WEST 90 FEET OF THE
NORTH 2.20 FEET.
THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9, IN TOWNSHIP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9; THENCE NORTH 0o 43' 06" WEST
157.60 FEET ALONG THE WEST LINE OF THE SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
SAID WEST LINE BEING THE CENTERLINE OF LOARA
STREET; THENCE NORTH 890 16' 54" EAST 20.00
FEET TO THE TRUE POINT OF BEGINNING, SAID
TRUE POINT OF BEGINNING BEING A POINT IN THE
EAST LINE OF SAID LOARA STREET; THENCE NORTH
890 16' 54" EAST 107.20 ALONG A LINE PARALLEL
TO THE CENTERLINE OF SAID LOARA STREET TO A
POINT IN THE NORTHEASTERLY LINE OF THE
SOUTHERN PACIFIC RAILWAY RIGHT OF WAY, 100.00
FEET WIDE, AS DESCRIBED IN THE DEED TO
CONTRACT AND FINANCE COMPANY RECORDED OCTOBER
7, 1874 IN BOOK 31, PAGE 377 OF DEEDS,
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA;
THENCE NORTH 570 12' 16" WEST 191.91 FEET
ALONG THE SAID NORTHEASTERLY RIGHT OF WAY
LINE TO A POINT IN THE SAID EASTERLY LINE OF
LOARA STREET; THENCE NORTH 0o 43' 06' WEST
1.25 FEET ALONG THE SAID EAST LINE OF LOARA
STREET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA RECORDED
APRIL 10, 1956 IN BOOK 3468, PAGE 19 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
BEGINNING AT A POINT IN THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 9, DISTANT THEREON 217.80 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE EAST PARALLEL TO THE SOUTH LINE OF
SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL
TO THE WEST LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 9 TO A POINT
IN THE CENTER LINE OF THE 80 FEET STATE
HIGHWAY, AS CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED JANUARY 17, 1935
IN BOOK 724 PAGE 350, OFFICIAL RECORDS;
THENCE NORTHWESTERLY ALONG THE CENTER LINE OF
SAID STATE HIGHWAY TO ITS INTERSECTION WITH
THE WEST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 9; THENCE
SOUTH ALONG WEST LINE 200.31 FEET TO THE
POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE WEST LINE OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 9, WITH THE
CENTER LINE OF MANCHESTER BOULEVARD, 80 FEET
WIDE, DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED JANUARY 17, 1935 IN BOOK
724 PAGE 350, OFFICIAL RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG SAID CENTER LINE OF MANCHESTER
BOULEVARD, SOUTH 79 DEG. 45' 07" EAST, 84.15
FEET; THENCE SOUTH 10 DEG. 14' 53" WEST,
40.00 FEET TO THE SOUTHERLY LINE OF SAID
MANCHESTER BOULEVARD; THENCE SOUTH 86 DEG.
45' 00" WEST 28.53 FEET; THENCE SOUTHWESTERLY
ALONG A CURVE CONCAVE SOUTHEASTERLY TANGENT
TO THE LAST DESCRIBED COURSE AND HAVING A
RADIUS OF 20.00 FEET, THROUGH AN ANGLE OF 76
DEG. 00' 00" AN ARC DISTANCE OF 26.53 FEET;
THENCE TANGENT, SOUTH 10 DEG. 45' 00" WEST,
38.86 FEET TO THE EASTERLY LINE OF LOARA
STREET, 40 FEET WIDE, THE CENTER LINE OF
WHICH STREET IS SAID WEST LINE OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9; THENCE SOUTH 89 DEG. 15' 10" WEST,
20.00 FEET TO SAID WEST LINE; THENCE ALONG
SAID WEST LINE, NORTH 0 DEG. 44' 50" WEST,
110.63 FEET TO THE POINT OF BEGINNING, AS
GRANTED TO THE STATE OF CALIFORNIA, BE DEED
RECORDED FEBRUARY 1, 1950 IN BOOK 1962 PAGE
266 OF OFFICIAL RECORDS; and
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
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation 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. PC2002-16 approving
Conditional Use Permit No. 2001-4494; 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
consideration 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
impose 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 2001-04494 be, and the same is hereby,
granted to establish land use conformity with existing Zoning
Code requirements for an existing telecommunications monopole
with accessory ground-mounted equipment and to permit a used auto
sales facility on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION NOS. 18.61.063.01]
AND 18.61.063.013
Minimum landscaped setback.
(10 feet required on Manchester
Court and ! feet required on Loara
Street; None proposed)
subject to the following conditions:
1. That the portion of this permit pertaining to the automobile
sales facility shall expire 2 years from the date of this
resolution.
2. That a landscape plan shall be submitted to the Zoning
Division for review and approval for installation of landscaped
areas. Said plan shall include shrubbery and groundcover
adjacent to Manchester Court and Loara Street. Plans shall also
indicate the location and screening of the ground-mounted
equipment for the telecommunications monopole. Any decision made
by the Zoning Division may be appealed to the Planning
Commission.
6
3. That the applicable traffic signal assessment fee shall be
paid to the City of Anaheim in an amount established by City
Council.
4. That the developer shall pay a traffic and transportation
fee to the City of Anaheim, Traffic Engineering Division, in an
amount established by the City Council.
5. That no gates shall be installed across any driveway in any
manner, which may adversely affect vehicular traffic on the
adjacent public street. Installation of any gates shall conform
to the Engineering Standard Plan No. 609 and shall be subject to
the review and approval of the City Traffic and Transportation
Manager.
6. That the driveway along Loara Street shall be constructed
with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 137.
7. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
8. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval in conformance
with standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said
plans.
9. That the developer shall submit a Water Quality Management
Plan (WQMP) specifically identifying the best management
practices that will be used on-site to control predictable
pollutants from storm drain runoff. The WQMP shall be submitted
to the Public Works Department, Development Services Division for
review and approval.
10. That 4-foot high address numbers shall be displayed on the
building roof in a contrasting color to the roof material. The
numbers shall not be visible from the view of the street or
adjacent properties. Said information shall be specifically
shown on plans submitted for review and approval by the Police
Department.
11. That any necessary relocation of existing electrical
facilities or streetlights shall be at the expense of the
developer. Landscape and/or hardscape screening of all pad-
mounted equipment shall be required.
7
12. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence.
13. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 3831 (to
permit a 3-story, 28,254 square foot animal kennel with waivers
of (a) minimum structural setback and (b) minimum landscaped
setback and Conditional Use Permit No. 1949 (to permit outdoor
storage of new automobiles with waiver of (a) required setback
and (b) required enclosure of outdoor uses) to the Zoning
Division.
14. That plans showing building elevations, signs and parking
lot lighting and bollards shall be submitted to the Zoning
Division for review and approval. Any decision made by the
Zoning Division may be appealed to the Planning Commission.
15. That the existing telecommunication antenna and ground-
mounted equipment shall be limited to existing and permitted
improvements. Any modification or expansion shall be subject to
review and approval by the Planning Commission at a noticed
public hearing.
16. That no signs, flags, banners or any other form of
advertising or identification shall be attached to the
telecommunication monopole.
17. That the 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 Exhibit No. 1, Revision No. 1 and
Exhibit No. 2. The temporary use of the subject property for
used auto sales shall remain and at all times be an accessory use
to the main auto dealership currently existing at the southwest
corner of Lincoln Avenue and Euclid Avenue.
18. That prior to commencement of the activity authorized by
this resolution, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this resolution
whichever occurs first, Condition Nos. 2, 3, 4, 8, 9, 10, 13, and
14 above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
19. That prior to the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 6 and 17
above-mentioned, shall be complied with.
20. That the approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 7th day of May, 2002.
ATTEST:
CIT~CLER~ OF ~HE CITY OF ANAHEIM
44632.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-96 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 7th day of May, 2002, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Tait
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CI~I'Y CLEI~'K OF filE CITY OF ANAHEIM
(SEAL)