99-061RESOLUTION N0. 99R-61
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4097.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit an existing automotive repair facility upon certain
real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
THE NORTHEAST CORNER OF PLACENTIA AVENUE AND
WESTPORT, 135 FT. ON PLACENTIA AVENUE AND 155 FT. ON
WESTPORT, LOT 1 OF TRACT 3288, CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA; 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. PC99-24 granting
Conditional Use Permit No. 4097; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4097 be, and the same is hereby,
granted permitting an existing automotive repair facility on the
hereinabove described real property, subject to the following
conditions:
1. That subject facility shall be subject to monthly
inspections by the Code Enforcement Division during the entire
duration of the business. The cost of such inspections shall be
borne by the operator of the facility.
2. That a six
maintained along the
sized clinging vines
centers adjacent to
opportunities. Said
maintained.
(6) foot high masonry block wall shall be
east property line. Minimum five (5) gallon
shall be planted on maximum five (5) foot
said wall to eliminate graffiti
vines shall be properly irrigated and
3. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within twenty
four (29) hours from time of application.
4. That a minimum of six (6), twenty four (24) inch box,
trees shall be planted in the landscaping planter areas along and
immediately adjacent to State College Boulevard and Westport
Drive.
5. That all landscaped planters along the east, south and
west property lines shall be refurbished with additional
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groundcover plants.
6. That a landscaping plan for the entire site shall be
submitted to the Zoning Division of the Planning Department
specifying type, size and location of existing and proposed
landscaping and irrigation facilities for review and approval of
the Planning Commission as a "Reports and Recommendations" item.
Following approval, the landscaping shall be installed and
maintained in accordance with the plan.
7. That the existing propane tank shall be removed and may
be replaced with a maximum 4 foot (4') high, horizontal five
hundred (500) gallon or smaller propane tank located outside any
required setback area.
8. That no vending machines shall be permitted.
9. That window signs shall not be permitted.
10. That no banners or other advertising shall be displayed
and that no special event permits shall be issued for this
automotive repair business.
11. That wall signs for this facility shall be limited to
that which is shown on the exhibits submitted by the petitioner
and approved by the Planning Commission. Any additional signs
shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
12. That no freestanding sign be permitted.
13. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing
conformance with the most current versions of Engineering
Standard Plan Nos. 436 and 602 pertaining to parking standards
and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
14. That no required parking area shall be fenced or
otherwise enclosed for storage other outdoor uses.
15. That a trash storage area shall be provided and
maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance
with approved plans on file with said Department. Said storage
areas shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The
walls of the storage areas shall be protected from graffiti
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opportunities by the use of plants such as minimum five (5)
gallon sized clinging vines planted on maximum three (3) foot
centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for Streets and
Sanitation Division approval.
16. That a plan sheet for solid waste storage and
collection and a plan for recycling shall be submitted to the
Streets and Sanitation Division for review and approval.
17. That an on-site trash truck turn-around area shall be
provided in compliance with Engineering Standard Detail No. 610
and maintained to the satisfaction of the Streets and Sanitation
Division. Said turn-around area shall be specifically shown on
plans submitted for Streets and Sanitation Division approval.
18. That no outdoor storage shall be permitted for this
property.
19. That no outdoor storage of, display of, or work on
vehicles or vehicular parts shall be permitted.
20. That the owner of subject property shall submit a
letter to the Zoning Division requesting termination of
Conditional Use Permit No. 836 (to retain an existing service
station as a conforming use in the CL "Commercial, Limited"
Zone).
21. That lighting for this facility shall be positioned in
a manner so as not to unreasonably illuminate or cause glare onto
adjacent or nearby streets and/or properties.
22. That the existing public telephones shall be relocated
to the building wall within fifteen (15) feet of the main
entrance or inside the building.
23. That prior to commencing operation of this business, a
valid business license shall be obtained from the City of Anaheim
Business License Division of the Finance Department.
24. That this permit shall terminate on December 31, 2001.
25. That subject property shall be developed substantially
in accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2 and 3; and as
conditioned herein.
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26. That prior to commencement of the activity authorized
by this resolution, or within a period of 120 days from the date
of this resolution, whichever occurs first, Condition Nos. 2, 4,
5, 6, 7, 11, 13, 15, 16, 17, 20, 21, 22 and 23, 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.
27. That approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
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 March, 1999.
~~
MAYOR OF THE CITY OF ANAH IM
ATTEST:
CI Y CLERK OF THE C Y OF ANAHE M
5
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. 99R-61 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYORlCOUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-61 on the 23`d day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1999.
C <~'~'
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. 99R-61 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
~~I.C.d-y~.d~t.
CITY CLERK OF THE CITY OF ANAHEIM