86R-409
RESOLUTION NO. 86R-409
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2807.
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 COSBY WAY PARTNERS, 5100 Birch Street, 2nd Floor, Newport
Beach, California 92660, agent upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL 4, AS SHOWN ON A MAP FILE IN BOOK 90, PAGES 5
AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; 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. PC86-152 granting
Conditional Use Permit No. 2807, but denying a requested parking
waiver; 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 consi-
deration 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 adjoin-
Ing 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 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
18.06.080 of the Anaheim Municipal Code are not present and that
said waiver(s) should not be granted, for the following reasons:
1. The variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
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, for the reasons hereinabove stated, the
action of the City Planning Commission granting, in part, said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 2807 be, and the same is hereby,
granted permitting personal auto repairs and storage in an
existing multi-tenant industrial building on the hereinabove
described real property but denying a waiver of the following
provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0222, -
18.06.050.031,
18.06.080 AND
18.61.066.050
Minimum
spaces.
required;
existing)
number of parking
(76 spaces
71 spaces
subject to the following conditions:
1. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1, 2 and 3; provided, however, that
personal automotive repairs and storage shall be limited to an
area having a maximum of 3040 sq. ft. (Units M, Nand T) of the
existing multi-tenant industrial building.
2. That subject use shall be permitted for a period of one
(I) year until September 9, 1987. If the petitioner wishes to
continue the use beyond said date, a written request shall be
submitted to the Planning Department by the petitioner. The
petitioner shall also be responsible for the expense of
advertising this use permit for a possible extension of time or
any amendment to the conditions herein.
-2-
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 9th day of September,
1986.
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CITY CLERK OF THE CITY OF ANAHEIM
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CLERK
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. 86R-409 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of September, 1986, by the following vote of the members thereof:
A YES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
l'JOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-409 on the 9th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of September, 1986.
~~~~
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. 86R-409 duly passed and
adopted by the Anaheim City Council on September 9, 1986.
~~~~
CITY CLERK
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