86R-173
RESOLUTION NO. 86R-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2765.
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 CLAUSEN-ENTERPRISES, 2795 West Lincoln Avenue, IF, Anaheim,
California 92801, ATTENTION: CRAIG M. CLAUSEN, owner, upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
THE WEST 100.00 FEET OF THE EAST 524.00 FEET OF THE
NORTH 288.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 4 SOUTH, RANGE 11 WEST PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THE SOUTH 36.00 FEET OF THE NORTH 66.00 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. PC86-54 granting
Conditional Use Permit No. 2765; 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 said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2765 be, and the same is hereby,
granted permitting a 2-story, 37-unit motel and manager's
apartment on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.04.045.014
AND 18.44.063
Minimum structural set-
back. (3S-foot special
setback from Lincoln
Avenue required; trash
enclosure at 11.5 feet
proposed)
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SECTIONS 18.05.093.023
AND 18.44.067
Permitted location of
freestanding sign. (40
feet minimum setback from
east property line re-
quired; 15 feet proposed)
Maximum structural height.
(5 feet permitted when
structure located 10 feet
from single-family resi-
dential zoning to south;
22 feet proposed to
RS-A-43,OOO Zone)
subject to the following conditions:
SECTION 18.44.062.011
1. That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along Lincoln
Avenue in an amount as determined by the City Council.
2. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim, in an
amount as determined by the Office of the Utilities General
Manager.
3. 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
for new commercial buildings.
4. That the driveway shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City
Traffic Engineer.
5. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
6. That the owner of subject property shall pay to the
City of Anaheim a fee for street lighting along Lincoln Avenue
in an amount as determined by the City Council.
7. That subject property shall be served by underground
utilities.
8. 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.
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. That fire sprinklers shall be installed as required by
the City Fire Marshal.
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11. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the south property lines.
12. That the owner of subject property shall submit a
letter requesting termination of Variance No. 3371.
13. 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.
14. 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, 2, 3, 6, 9 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 Code.
15. That prior to final building and zoning inspections,
Condition Nos. 4, S, 7, 9, 10, 11 and 13, 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 appro~als herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by
Council of the City of Anaheim this 29th day of April,
AHEIM
PRO TEM
the City
1986.
ATTEST:
C~~O~~~EIM
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060386
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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-l73 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 29th day of April, 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-173 on the 29th day of April, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 29th day of April, 1986.
~A /L~
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-l73 duly passed and
adopted by the Anaheim City Council on April 29, 1986.
~~?t~
CITY CLERK