87-527
RESOLUTION NO. 87R-527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2956.
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
from LINCOLN PROPERTY LTD., 19742 MacArthur Blvd., #240, Irvine,
CA 92715, owner, upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
COMMENCING AT A POINT ON THE WEST LINE OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
17, 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 SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS,
OF SAID ORANGE COUNTY, 425 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER RUNNING THENCE SOUTH ON SAID WEST LINE 268
FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER 315 FEET;
THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE NORTHEAST QUARTER 693 FEET;
THENCE WEST ON THE NORTH LINE OF SAID NORTHEAST
QUARTER 212.50 FEET; THENCE SOUTH PARALLEL WITH THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER 425 FEET; THENCE WEST 102.50 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF; 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. PC87-228 granted
Conditional Use Permit No. 2956; 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
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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 consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
I. 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, the
action of the City Planning Commission granted said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2956 be, and the same is hereby,
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granted permitting an automobile service and commercial center in
conjunction with existing office/structure on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
(A )
(B)
(C)
SECTIONS 18.06.050.0212 -
18.06.050.022
18.06.050.0222
AND 18.44.066.050
Minimum number of parking spaces.
(758 requIred; 260 proposed)
SECTION
l8.44.062.0Il -
Maximum building height.
(0 feet permItted; 20 feet proposed)
SECTION 18.44.063.040 -
Minimum structural setback.
CIO feet requIred adjacent to
resIdential zone boundaries; 0 feet
proposed)
subject to the following conditions:
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1.
That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be
paid to the City of Anaheim in an amount as determined
by the City Council.
2 .
That all driveways shall be constructed with ten (10)
foot radius curb returns as required by the City
Engineer. Existing broken or cracked driveways shall
be removed and replaced as required by the City
Engineer.
3 .
That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
4 .
That in the event subject property is to be divided
for the purpose of sale, lease, or financing, a parcel
map to record the approved division of subject
property shall be submitted to and approved by the
City of Anaheim and then be recorded in the Office of
the Orange County Recorder.
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That subject property shall be served by underground
utilities.
That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required
and determined to be necessary by the Chief of the
Fire Department.
That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
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9.
10.
11.
12.
13.
14.
15 .
16.
17.
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That prior to rendering of water service, the
appropriate fees due for primary, secondary and fire
protection shall be paid to the Water Utility Division
by the owner/developer in accordance with Rules l5A
and 20 of the Water Utility Rates, Rules and
Regulations.
That in the event a parcel map is recorded on subject
property, a reciprocal access and parking agreement,
in a form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County
Recorder. A copy of the recorded agreement shall then
be submitted to the Zoning Division.
That a reciprocal access agreement in a form
satisfactory to the City Attorney, between subject
property and property to the east (currently developed
with the Kettle Restaurant), shall be recorded with
the Office of the Orange County Recorder.
That all air conditioning facilities and other roof
and ground mounted equipment shall be properly
shielded from view, and the sound buffered from
adjacent residential properties.
That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Ædministrator.
That a six (6)-foot high masonry block wall shall be
constructed and maintained along the south and
southerly 268 feet of the westerly property lines.
That any proposed parking area lighting fixtures
adjacent to any residential property shall be
down-lighted with a maximum height of 12 feet. Said
lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area.
That no outdoor storage of or work on vehicles or
vehicular parts shall be permitted.
That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection
with Reclassification No. 87-88-22, now pending.
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
4.
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19.
20.
21.
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That in the event the City Traffic Engineer determines
that the existing raised median in Lincoln Avenue
should be extended in front of subject property, the
owner/developer of subject property shall provide said
extension at no cost to the City.
That prior to the commencement of the activity
authorized by this resolution, Condition Nos. 1, 10
and 16, 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.
That prior to final building and zoning inspections,
Condition Nos. 2, 3, 5, 7, 11, 13, 14, 17 and 18,
above-mentioned, shall be complied with.
a.
That the automobile service uses shall be
limited to the following businesses:
(1)
( 2 )
( 3 )
(4 )
( 5 )
( 6 )
( 7 )
( 8 )
(9 )
00 )
(II)
(12 )
b.
Sale of tires, batteries and
automobile-related accessories,
Mounting and dismounting of tires,
Oil changing and lubrication,
Smog checks and emission servicing,
Automobile detailing,
Automobile upholstery, sheepskin covers,
etc.,
Automobile alarms and security,
Car stereos/cellular phones,
Tune-ups,
Window tinting,
Automobile glass,
Servicing of such items as fuel pumps,
U-joints, ball joints, shock absorbers,
mufflers, exhaust pipes, engines,
carburators, generators, starters,
ignition systems, regulators, air
conditioners, radiators, brakes, water
pumps, transmissions and radios.
That the following automotive-related uses shall
be prohibited: body shops, on-site service of
heavy trucks or mobile equipment such as cranes,
construction equipment, etc.
That 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 regulations. Approval does
not include any action or findings as to compliance or
approval of the request regarding any other applicable
ordinance, requlation or requirement.
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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 15th day of
December, 1987.
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MAY R F THE Õ ANAHEIM
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CIT? ERK OF THE CITY OF ANAHEIM
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S1A1E OF CAI,IFORNIA
COUNTY OF ORANGE
CHY OF A1\1AHElIvj
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I, LEOiWKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
ttlf.ò f'oregoing Resolution No. 87R-527 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the L5tn day of December, 1987, by the following vote of the members thereof:
AY¿S:
COUNCIL MEi1BERS:
Ehrle, Hunter and Bay
NOES:
COUNCIL MEMBERS:
Kaywood and Pickler
AbSENT:
COUNCIL MEMBERS:
None
Al\JD 1 FURTHER certífy that the Mayor of the City of Anaheim signed said
Resolution No. 87R-527 on the 15th day of December, 1987.
IN WITNESS WHEKEOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of December, 1987.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LLÛl\ÌOKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-527 duly passed and
'ldopted by the Anaheim City Council on December 15, 1987.
xzZMf;{ C( )( S" 4._-
CITY CLERK OF THE CITY OF ANAHEIM
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