86R-121
RESOLUTION NO. 86R-12l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2762.
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 DON V. EDMUNDS AND GARNET A. EDMUNDS, 18682 South Mesa Drive,
Villa Park, California 92667, owners, and KEN MAAS, 2691 East Taft
Avenue, Anaheim, California 92806, agent, upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
BEGINNING AT A POINT IN THE CENTERLINE OF EATON WAY,
40.00 FEET WIDE, AS DESCRIBED IN DEED RECORDED IN BOOK
852, PAGE 82 OF OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT
ALONG SAID CENTER LINE, SOUTH 000 28' 07" WEST 420.59
FEET FROM THE CENTERLINE OF BALL ROAD, 60.00 FEET
WIDE, AS DESCRIBED IN SAID DEED; SAID POINT ALSO BEING
THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS A CURVE CONCAVE SOUTHEASTERLY AND HAVING
A RADIUS OF 1000.00 FEET, IN PARCEL 3A OF THE FINAL
ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. l4S6S4,
A CERTIFIED COpy OF WHICH WAS RECORDED MARCH 23, 1967
IN BOOK 8206, PAGE 807 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID ALONG
SAID CURVE FROM A TANGENT WHICH BEARS SOUTH 560 59'
23" WEST, THROUGH A CENTRAL ANGLE OF 350 S3' S8", AN
ARC DISTANCE OF 626.56 FEET TO THE CENTERLINE OF TAFT
VALUE, 40.00 FEET WIDE, AS DESCRIBED IN SAID DEED;
THENCE EASTERLY AND NORTHERLY ALONG SAID CENTERLINE OF
TAFT AVENUE AND EATON WAY TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED AS
PARCEL 3B AND PARCEL 3C IN THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 145654, A
CERTIFIED COpy OF WHICH WAS RECORDED MARCH 23, 1967 IN
BOOK 8206, PAGE 807 OF SAID 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. PC86-39 granting
Conditional Use Permit No. 2762; 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
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use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2762 be, and the same is hereby,
granted permitting a concrete breaking and removal operation with
outdoor storage on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.61.068.030
Required enclosure of
outdoor uses. (6 foot
high block wall or slatted
chain link fence enclosing
outdoor storage area re-
quired; 6 foot high unslatted
chain link fence existing)
subject to the following conditions:
1. That all engineering requirements of the City of
Anaheim along Taft Avenue, including preparation of improvement
plans and installation of all improvements such as curbs and
gutters, sidewalks, water facilities, street grading and
pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and
in accordance with specifications on file in the Office of the
City Engineer.
2. That street lighting facilities along Taft Avenue
shall be installed as required by the Utilities General Manager
in accordance with specifications on file in the Office of
Utilities General Manager.
3. That the appropriate traffic signal assessment fee
shall be paid to the City of Anaheim in an amount as determined
by the City Council for outdoor uses.
4. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Exhibit No.1.
S. That the property owner shall provide and maintain a
minimum six (6) foot high wood-slatted chainlink fence along the
east property line.
6. That Conditions 1, 3 and S be met before September 2S,
1986. If by that date those conditions are not met, the permit
shall expire unless the applicant has sought an extension of
time or modification of conditions from the City Council.
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.
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THE FOREGOING
the City Council of the
1986.
RESOLUTION is approved and adopted by
City of Anaheim this 2Sth day of March,
"- QJ~dh
MAYOR OF THE CITY OF ANAHEIM
PRO TEM
ATTEST~.. . ~.
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CIT L R ~ THE CITY OF ANAHEIM
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060386
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CLERK
STATE OF CALIFORNIA )
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-12l was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of March, 1986, by the following vote of the members thereof:
AYES~
COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth
NOES:
COUNCIL MEMBERS: Pickler
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-12l on the 25th day of March, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of March, 1986.
~<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-12l duly passed and
adopted by the Anaheim City Council on March 25, 1986.
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CITY CLERK