86R-425
RESOLUTION NO. 86R-425
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2802.
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 MUNKYO CHO AND HYON SUN CHO, 806 North Brookhurst Street,
Anaheim, California 92801, owners, upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THE SOUTH 248.38 FEET OF THE WEST 404.85 FEET OF THE
NORTH 15 ACRES OF THE SOUTHWEST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER OF THE SECTION 8, TOWNSHIP 4
SOUTH, RANGE 10 WEST RANCHO LOS COYOTES, RECORDED IN
BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO
THE STATE OF CALIFORNIA, RECORDED MARCH 24, 1955 IN
BOOK 3006 PAGE 303, OFFICIAL RECORDS.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED FOR RECORD IN BOOK 26, PAGE 38 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. PC86-207 granting in
part Conditional Use Permit No. 2802: 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
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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
l8.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
l. 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. 2802 be, and the same is hereby,
granted permitting retention of an auto towing, impound and
repair facility on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
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SECTIONS l8.6l.063.0l0
AND 18.61.063.011
SECTIONS l8.06.050.0ll
18.06.050.0123
18.06.050.0212
18.06.050.0222
l8.06.050.03l
18.06.050.033
18.06.080
AND 18.61.066.050
Minimum structural setback
and minimum yard. (50-foot
structural setback with 10-
foot wide landscaped strip
adjacent to Brookhurst
Street required; 28-foot to
65-foot structural setback
with 5-foot wide landscaped
strip existing)
Minimum number and type of
parking spaces. (117 park-
ing spaces [115 open plus a
two-car garage] required
and tandem spaces permitted
in residential zones only;
31 open spaces, 16 tandem
spaces and a two-car garage
proposed)
subject to the following conditions:
l. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Brookhurst
Street in an amount as determined by the City Council.
2. That the owner shall request approval by the City of
Anaheim for an encroachment permit for the landscape planter in
the public street right-of-way.
3. That all tow trucks shall be parked in the rear of the
lot at all times.
4. That all wrecked and/or inoperable vehicles shall be
parked or stored in the rear of the lot at all times.
5. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
6. That subject property shall be landscaped with trees and
or shrubs or other plant materials and shall be permanently
maintained.
7. That the automobile storage area shall be site screened
to conform with Zoning Code Section 18.61.068.030 and that the
gates to the rear storage area shall be kept closed at all times.
8. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No.1; provided however, that a barrier
shall be installed along the south property line from the west
property line east for a distance of approximately seventy (70)
feet to prevent vehicular access between the subject property and
the adjacent parcel to the south.
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9. 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 No.1, 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.
10. That Code Enforcement staff review to take place in six
(6) months with report to Council as to whether or not the
requirements have been met.
ll. That prior to final building and zoning inspections,
Condition Nos. 2, 5, 6, 7 and 8, above-mentioned, shall be
complied with.
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 23rd day of September,
1986.
ANAHEIM
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CITY ct~ OF THE CITY OF ANAHEIM
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CLERK
STATE OF CALIFO~~IA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-425 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 23rd 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
M~D I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-425 on the 23rd day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 23rd day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHE M
(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-425 duly passed and
adopted by the Anaheim City Council on September 23, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM