99-235RESOLUTION NO. 99R-235
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4133.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
to permit an auto repair, auto body and paint facility upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION NINE, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID
SECTION IS SHOWN ON THE MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION
9; THENCE NORTH 89° 14' 25" EAST ALONG THE SOUTH
LINE OF SAID SECTION 85.00 FEET; THENCE NORTH 0°
45' 35" WEST 30.00 FEET; THENCE NORTH 16° 43' 13"
EAST 13.05 FEET TO THE NORTHWEST CORNER OF THE
LAND DESCRIBED IN PARCEL 2 IN THE DEED TO STATE OF
CALIFORNIA, RECORDED IN BOOK 3414, PAGE 69,
OFFICIAL RECORDS, AND THE TRUE POINT OF BEGINNING
OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED;
THENCE NORTH 87° 35' 50" EAST ALONG THE NORTHERLY
BOUNDARY OF SAID LAND, 146.00 FEET; THENCE NORTH
0° 45' 35" WEST 201.38 FEET TO THE SOUTHERLY LINE
OF THE LAND DESCRIBED IN PARCEL 1 OF SAID DEED TO
THE STATE OF CALIFORNIA THENCE SOUTHWESTERLY,
ALONG SAID SOUTHERLY LINE, SOUTH 65° 16' 49" WEST
93.85 FEET AND SOUTH 46° 15' 17" FEET TO THE MOST
SOUTHERLY CORNER THEREOF; THENCE, LEAVING SIAD
SOUTHERLY LINE, SOUTH 16° 43' 13" WEST 158.65 TO
THE TRUE POINT OF BEGINNING; 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. PC99-175 granting
Conditional Use Permit No. 4133; 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, 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. 4133 be, and the same is hereby,
granted permitting an auto repair, auto body and paint facility
on the hereinabove described real property, subject to the
following conditions:
1. That this Conditional Use Permit No. 4133 shall expire
on December 31, 2001.
2. (a) That no outdoor storage of, display of, or work on
vehicles or vehicular parts or any other materials shall be
permitted; that no overnight parking of vehicles shall be
permitted; and
(b) that the applicant shall make off-site storage
arrangements and his business will be in compliance with Code
requirements; and
(c) That within a period of one (1) month from of the
date of this resolution, any existing outdoor storage shall be
removed.
3. That no flags, banners or other advertising shall be
displayed; and that no special event permits shall be issued for
this automotive repair business.
4. That wall signs shall be limited to the one (1) sign
shown in the submitted photograph on the south elevation of the
facility facing Lincoln Avenue; and that the existing roof sign
shall be refurbished to the satisfaction of the Zoning Division.
Any additional wall signage shall be submitted to the Zoning
Division for review and approval by the Planning Commission as a
"Reports and Recommendations" item.
5. That no freestanding sign shall be permitted unless the
roof sign is removed. Any freestanding sign shall be submitted
to the Zoning Division for review and approval by the Planning
Commission as a "Reports and Recommendations" item.
6. That the existing abandoned sign pole and light poles
shall be removed.
7. That the existing gate located across the driveway
shall be removed; and that no required parking area shall be
fenced or otherwise enclosed for storage or other outdoor uses.
8. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance of the parkway, removal of trash or debris, and
removal of graffiti within twenty four (24) hours from time of
application.
9. That no vending machines visible to any public right-
of-way shall be permitted.
10. That trash storage area(s) shall be provided and
maintained in location(s) 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 area(s) shall be protected from graffiti
opportunities by the use of plant materials such as minimum one
(1) 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 Planning Department
and Streets and Sanitation Division approval.
11. 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.
12. 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.
13. Deleted.
14. Deleted.
15. 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.
16. That the ground cover in the landscaped parkway shall
be refurbished with sod and maintained in a healthy and trimmed
condition.
17. That the window signage shall not exceed ten percent
(10%) of the window area. Any existing signs in excess of ten
percent shall be removed.
18. That subject facility shall be subject to monthly
inspections by the City Code Enforcement Division during the
entire duration of this permit. The cost of such inspections
shall be paid by the operator of this facility.
19. 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 Revision No. 1 of Exhibit No. 1, and
as conditioned herein.
20. That the fencing or other materials enclosing the
outdoor area shall be removed; and that such enclosure shall be
prohibited in order to discourage outdoor storage of vehicles and
parts.
21. That within a period of two (2) months from the date of
this resolution, Condition Nos. 6, 7,11,12, 15, 16, 17 and 20,
above-mentioned, shall be completed.
22. That within a period of three (3) months from the date
of this resolution, Condition Nos. 10 and 19, above-mentioned,
shall be completed.
23. 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 16th day of November,
1999.
ATTEST:
C THE CITY OF ANAHEIM
M~~E IM
33379.1
5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-235 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 16th day of November, 1999, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: McCracken
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
235 on the 16th day of November, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of November, 1999.
THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 99R-235 was duly passed and adopted by the City Council of the
City of Anaheim on November 16th, 1999.
· CI~L~CL RK OF THE CITY OF ANAHEIM