86R-415
RESOLUTION NO. 86R-4l5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2833.
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 ERIC T. ERICKSON AND DOLORES Y. ERICKSON, P. O. Box 5130,
Reno, Nevada 89513, owners, and RICHARD HEAR, 7415 Earldom Avenue,
Playa del Rey, California 90293, agent, upon certain real property
located within the City of Anaheim, County of Orange~ State of
California, legally described as:
THE EAST 172.00 FEET OF THAT PORTION OF THE NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
LYING NORTHERLY OF THE LAND CONVEYED TO ORANGE COUNTY
FLOOD CONTROL DISTRICT BY DEED RECORDED MARCH 5, 1959
IN BOOK 4614, PAGE 493, 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. PC86-2ll granting, in
part, Conditional Use Permit No. 2833; 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
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 granting, in part said
conditional use permit be, and the same is hereby, affirmed and
that Conditional Use Permit No. 2833 be, and the same is hereby,
granted permitting an automotive service facility on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION 18.44.063.040
Minimum landscaped setback.
(lO-foot wide landscaped
setback adjacent to a resi-
dential zone boundary
required; 5 to l2-foot wide
landscaped setback adjacent
to RM-1200 zoning proposed)
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subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Orange Avenue
and Western Avenue in an amount as determined by the City Council.
2. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
3. That the proposal shall comply with all signing
requirements of the Commercial, Limited Zone, unless a variance
allowing sign waivers is approved by the Planning Commission or
Ci ty Counc i 1.
4. That no outdoor storage of or work on vehicles or
vehicular parts shall be permitted.
PC86-2ll 5. That the owner of subject property shall submit a
letter requesting termination of Conditional Use Permit No. 579 to
the Planning Department.
6. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that
mature 36-inch boxed trees shall be planted in the landscaped area
along the west property line (RM-1200 Zoning).
7. That prior to issuance of a building permit, or within a
period of one year from the date of this resolution, whichever
occurs first, Condition Nos. 1 and 5, 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.
8. That prior to the commencement of the activity
authorized under this resolution, or final building and zoning
inspections whichever occurs first, Condition Nos. 2 and 6,
above-mentioned, shall be complied with.
9. That no mechanical work such as tune-ups or engine
overhauls which would create noise or fume pollution shall be
permitted and the service-oriented use shall be limited to:
a. Oil change service including checking all fluids
and filters,
b. Lubricating the chassis,
c. Change fluids and filters for automatic
transmissions,
d. Change gear oils and
e. Back flush radiators.
10. That all customers shall remain in their vehicles while
said vehicle is being serviced.
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11. That the business operating hours shall be:
8 a.m. to 8 p.m. - Monday through Friday
8 a.m. to 7 p.m. - Saturday
12 noon to 5 p.m. - Sunday
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 16th day of September,
1986.
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CLEKiZ
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-41S was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of September, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-41S on the 16th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1 LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-41S duly passed and
adopted by the Anaheim City Council on September 16, 1986.
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CITY CLERK