PC 85-149~:~^
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RESOLOTION N0. PC85-149
A RESOLUTIUN OF THE A^tAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONLITIONAL USE PERMIT NO. 2698 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a veri£ied
Petition for Conditional Use Permit from SP100KE AND SONS INVESTMENT COMPANY,
P. O. 3ox 1311, Los Angeles, California 90053-1311, owner, and ORANGE COUNTY
TRUCK AND TRAILER SALES, INC., ATTN: JOHN BENSGN, 500 West Collins Avenue,
Orange, California 92667, agent for certain real prcperty situated in the City
of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP
4 SOUTH~ RANGE 10 WEST~ IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OE ORANGE~ STATE OF CALIFORNIA,
AS P^cR MP.P AS RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY~
DESCRIBED AS FOLLOFiS:
BEGINNING AT THE NORTH4~EST CORNER OF THF. LAND DESCRIBED IN
THE DEED TO BEULAH PECKHAM~ ET aL RGCORDED JULY 11, 1955 IN
BOOK 3133 PAGE 28 OF OFFICIAL RECORDS~ SAID POINT BEING ON
THE NGRTH LINE OF SAZD NORTHWEST QUARTER~ WESTERLY 610.00
FEET FROM THE NORTIiEAST CORNF.'R THEREOF; THENCE SOUTH 9° 46'
00" EAST 60.89 FEET TU THE MOST NORTHERL'l CORNER OF THE LAND
DESCRIBED IN TH~ DEED TO BEULAH PECKHAM KINKEAD RECORDED
AUGUST 8, 1963 IN BOOK fiE66 PAGE 253, OFFICIAL RECORDS;
THENCE SOUTH 0° O1' 45' h'E:;T 363.13 FEET TO THE SOUTH LINE OF
THE LAND DESCRZBED IN THE DEED TO NATHAN SMOUKE RECORDED JONE
3, 1963 IN BOOK 65)1 PAGE 559, OFFICIAL RECORDS; THENCE
PARALLEL VJITH SAID NORTHERLY LINE 0: THE NORTHWEST QUARTER~
WESTERLY 264.33 PEET TG A LINE PARALLEL WITH AND
NORTHWESTERLY 150.00 FEET FROM THE CENTER LIN£ OF THE 60.00
FOOT CALIFORNIA STATE HIGN`9AY; THENCE NORTHWESTERLY 40.40
FEET ALONG LAST SAZD PARAi.LEL LINE TO THE MOST SOUTHERLY
CORNER OF THE LAND DESCRIBED IN THR ~EED TO EDISQN SFCpP.ITT£$
~ub1YpNY~ p CURPORATION, RECORDED APRIL 22~ 1949 IN BOOK 1833
PAGE 41 OF OFFICIAL RECORDS; THENCE NORTHERLY 392.82 FEET
AT.ONG THE EASTtRLY LINE OF SAID LAND OF EDISON TO THE NORTH
LINE OF SA_TD NORTHWEST QUARTER; THENCE EASTERLY ALONG SAIU
NORTH LINF: OF THE POINT OF AEGINNING.
SAID LAND IS INCLUDED WITHZN THE AkEA SHOWN ON A MAP FILED IN
b' 7 PAGE 50 OF RECORD OF SURVEYS, IN THE OFFICE OP SAID
COUNTY RECORDER.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on June 10, 1985, at 1:30 p.m., notice
of said puhlic hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim 1•funicipal Code, Chapter 18,03,
~o heat and con~ider evzdence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
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PC85-149
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WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That tt~e proposed use is properly one for which a conditional
use permit ie authocized by Anaheim Municipal Cude Sections 18.61.050.050 an9
18.b1.050.070 to wit: to pecmit a truck sales and service agency and lot with
waivers of the following:
(a) SECTIONS 18.06.030 - Required improvement of outdocr storaqe
AND 18.61.066.030 areas. (~avina requiced; crushed rock
proposed)
(b) SECTIONS 18.06.050.0222,- Minimum number of oarkinq soaces,
18.06.050.0223, (51 spaces required; 21 spaces proposed)
18.06.060. AND
18.61.06G.U50
(c) SECTION 1£3.61.~64.020 - Ftaximum fer.ce heiqht.
(36 inch hian decorative screen tvpe wall
in 50 foot front setback area adiacent to
Katella Avenue pecmitted; 6-foot hiqh
chainlink fence located 35 feet from
Ka:ella Avenue pcoposed)
(D) SECTiONS 18.61.068.030 - Reyuired enclosure of outdoor uses.
AND 18.61.068.031 (chainlink fenae with slats required;
chainlink fence without slats proposed)
z• That the pruposed use is hereby grented for a period of three (3)
years, to expire June 10, 1988.
3• That the above-Rentioned waiver (b) is hereby granted on the basis
that the parking waiver will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect an}~ adjoining land uses and granting of the
parkinq waiver nnd~r khe conait~~;;, j;,;r~~~~~ iI uny, will not be detrimental to the
peace, health, sefety and general welfare of the citizens of the City of Anaheim.
4. That the above-mentioned waivers (a), (c) and (d} are hereby granted
on the basis that thece are special circ~imstances applicable to the property such
as size, shape, topography, location and surroundings which do n~~t apply to other
identically zoned property in the same vicinity; and tl~at strict application of the
Zoning Cade depzives the property of privileges enjoyed by othet ptoperties in the
identical zone and classification in the viair.ity.
5• That 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.
6• That the size and shape of the site pro~osed for the use is adequate
to allow the full development of the proposed use in a manner not detri;nental to
the particular acea nor to the peace, health, safety and general welfare of the
Citizens of the City of Anaheim.
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I 7• That the granting of the Conditional Use Permit under the
i conditions imposed, if any, will not be detrimental to the peace, health, safety
and general welfa,.e of the Citizens of the City of Anaheim.
8. That the traffic generated by the proposed use will not imFose an
undue burden upon the streets and highways desigaed and improved to carry the
traffic in the area,
9. That no cne indicated their presence at sai.:3 public hearing i.n
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRUNMENTAL IMPAC'T FINDING: '~hat the Pnaheim City Planning Commission
has reviewed the pronosal to permit a truck sales and service agency and lot with
waivers of required improvement of outdoor storage areas, minimum number of
parking spaces, maximum fence height, and required enclosure of outdoor uses on a
rectangularly-shaped parcel of land consisting of approximately 2.4 acres, having
a frontage of approximately 288 feet on the south side of Katella Avenue, and
further described as 620 Rast Katella Ave~ue;, and does hereby approve the
Negative Dec.laration upon finding that it ha~ considered the Negative Declaration
together with any commenl•s received during the public review process and further
finding on the basis of the initial study and any comments received that there is
no substantial e~~idence that the project will have a significant effect on the
environment.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereb1 grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary pr.erequisite to the proposed
use of the subject property in ordec to preserve the safety and general welfate
of the Citizens of the City of Anal~eim:
1. That sidewalks sha.il be installed along Katella Avenue as required by
the City Engineer and in accordance with sta~dard plans and
sp?ciLications on file in the Office of the City F.ngineer.
'-• T},~t tl,e dciveway shall be reconstructed to accommodate ten (10) foot
radius curb returns as requiced by the City Traffic Engineer.
3. That prior to the commencement oP the activity authorized under this
resolution, or prior to the time thati a building permit is issued, or
witY.in a period of ninety (90) days from the date of this reso.lution,
whichever occurs first, the owner(s) of subject property shall execute
and record a covenant in a form approved by the City Attorney's Office
wherein such owner(s) agree no= to contest the formation of any
assessment district(s) which may hereafter be formed pursuant to the
provisions of Developrnent Agreement No. 83-01 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could include
such owner's property. Failure to comply with this condition within the
specified time shall deem this conditional use permit null and void.
4. That all on-site landscaping and irrigation facilities shall be
refurbished and mai.ntained in conformance with City standards.
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PC85-149
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5. That reasonable landscaping, includiny irrigation facilities, shall be
installed in the uncemented portion of the parkway adjacent to Katella
Avenue. The owner(s) oE subject property shall thereafter assume the
responsibility for maintenance o; said packway landscaping.
6. That gates shall not be installed across the driveway in a rtisnner which
may adversely affect vehicular traffic in t.he adjacen~ public slreets
.
Installation of any gates within a distance of sixty five (65) feet from
said public street riyht-of-way sha11 be subject to the review and
approval of the City Traffic Engineer.
7. That drainage oc subject property shall be disposed of in a
manner
satisfactory t~ che City Engineer.
~,,; 8. 1
Tnat all lockable pedestrian vehicular access gates chall be equipped
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with a
knox box' device to the satisfaction of the Chief of Police and 9
the City Fire t4arshall.
' 9.
` That trash storage areas shall be provided and maintained in accordance
• with approved plans on file with the Street Maintenance and Sanitation
.
Division.
10. Ti~at the proposal shall comply with all signing requirements of the ML
7•one, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
11. That the owner of subject property shsll submit a letter requesting
termination of Conditional Use Permit No. 1055 to the Planning
Depactment.
12. That the proposed modular sales office structure shall comply with the
minimum standards of the City of Anaheim, including the Un
iform
.
Building, Electrical, Mechanical and Fire Codes as a~opted by the City.
13. That subject property shall be developed substantially in accordance
with plans ard specification~ on filc wiCL ti~e City of Anaheim marked
~ Exhibit No. 1; provided, however, that the crushed rock or decomposed
,
` granite material used to surface the 50,000 square foot outdoor truck
; and trailer display area and the 10,800 square foot outside repair and
overnight storage area shall be approved the the City Engineer.
14. That prior to the commencement of the activity authorized under this
~:~ resolution prior to issuance of a building permit, or within a period of
' one year from the date of this resolution, or prior to commencement of
i the acti~ity autt~orized under this resolution, whichever occurs first
,
Condition Nos. 11 and 12, 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 Ccde.
15. That prior to the commencement of the activity aul•horized under this
resolution, oc fioal building and zoning inspections whichever occurs
Eirst, Condition Nos, 1, 2, 4, 5, 6, 7, 8, ? and 13, above-mentioned
,
shall be complied with.
. 16. That t!~is permit is granted for a period of three (3) years, to expire
- June :0, 1988.
'1 -4 PC85-149
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 judyment of any court of competent
jurisdiction, then this Re~oluticn, and any approvals h?rein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lOth day of
June, 19£15. '~
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CHAIT~t4AN~ ANAFiEI CITY PLANNI[4G COMMISSZON
ATTEST: . ~
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SECRETARY~ ~NAHEIM Ciry pLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANG6 ) ss.
CITY OF ANAHEIM )
i, Edith L. Harris, Secretary of the Anaheim City Planning Coav~ission,
do heceby certify that the fore9oing resolution aas passed and adopted at a
meeting oE the Anaheim City Plannin9 Commission held on June 10, 1985, by the
fo:luwin9 vote of the members theceof:
AYES: COMMISSIONERS: BOUAS~ BUSHQRE~ FRY~ HERBST~ KING~ MC BURNEY
NC~ES: COhIMISSIONERS: LA CLAIRE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this lOth day of June,
1985.
Co t~~ ~ /~.~ti _
SECRETARY~ ANAHEIM CITY PLAN[vING CUMMISSION
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