90-326 RESOLUTION NO. 90R-326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3277.
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
to permit industrially-related office uses in an existing
industrial building upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
PARCEL 1: THAT PORTION OF LOT 3 OF SECTION 5,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION
OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO
SAID OFFICIAL PLAT, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THAT CERTAIN COURSE DESCRIBED
AS HAVING A BEARING AND LENGTH OF NORTH 82° 43' 54"
EAST 211.20 FEET, IN DEED TO THE STATE OF CALIFORNIA
(STATE PARCEL 388) RECORDED MARCH 19, 1953 IN BOOK
2472, PAGE 286 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA, DISTANT THEREON NORTH 32° 43' 54" EAST
9.30 FEET FROM THE WESTERLY TERMINUS THEREOF; THENCE,
NORTH 46° 58' 56" WEST 25.17 FEET; THENCE NORTH 50°
45' 00" WEST 149.30 FEET; THENCE, NORTH 55° 51' 56"
WEST 190.40 FEET; THENCE, NORTH 61° 16' 04" WEST
184.46 FEET; THENCE, SOUTH 55° 10' 13" WEST 11.31
FEET; THENCE, SOUTH 3° 29' 34" WEST 40.21 FEET;
THENCE, SOUTH 4° 01' 15" EAST 179.24 FEET; THENCE,
SOUTH 9° 56' 22" EAST 168.26 FEET TO THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE
STATE OF CALIFORNIA BY PARCEL 2 OF DEED (STATE PARCEL
386) RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF
SAID OFFICIAL RECORDS; THENCE, ALONG SAID SOUTHERLY
LINE, NORTH 82° 25' 57" EAST 51.28 FEET, AND NORTH 77°
34' 27" EAST 327.70 FEET TO THE CENTERLINE OF
JEFFERSON STREET, 60 FEET WIDE, DESCRIBED IN DEED TO
THE COUNTY OF ORANGE, RECORDED IN BOOK 645, PAGE, PAGE
44 OF DEEDS IN SAID OFFICE: THENCE, NORTH 82° 43' 54"
EAST 53.05 FEET TO THE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF LOT 3 OF SECTION 5,
TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION
CUP 3277
OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO
SAID OFFICIAL PLAT, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT COURSE
DESCRIBED AS NORTH 61° 16' 04" WEST 184.46 FEET IN
DIRECTOR'S DEED 00-000388-01-01 RECORDED DECEMBER 19,
1975 IN BOOK 11601, PAGE 695 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE, ALONG THE
NORTHWESTERLY PROLONGATION OF SAID DESCRIBED COURSE,
NORTH 61° 16' 04" WEST 22.02 FEET; THENCE, NORTH 14°
06' 08" EAST 13.08 FEET; THENCE, NORTH 68° 01' 00"
WEST 20.72 FEET; THENCE, SOUTH 35° 30' 44" WEST 10.29
FEET; THENCE, NORTH 61° 16' 04" WEST 52.69 FEET;
THENCE, SOUTH 86° 18' 50" WEST 1.13 FEET TO A CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 1147.00 FEET;
THENCE, FROM A TANGENT WHICH BEARS SOUTH 2° 2?' 06"
WEST, SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF
17° 31' 02", AN ARC DISTANCE OF 350.68 FEET TO THE
NORTHERLY LINE OF PARCEL 2 OF STATE HIGHWAY
RELINQUISHMENT NO. 605, RECORDED IN BOOK 8706, PAGE 1
OF SAID OFFICIAL RECORDS AND AS SHOWN ON MAP RECORDED
IN BOOK 5, PAGES 47 THROUGH 49 OF STATE HIGHWAY MAPS
IN SAID OFFICE; THENCE, ALONG SAID NORTHERLY LINE, ON
A DIFFERENT BASIS OF BEARINGS, NORTH 74° 26" EAST
55.75 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL
2; THENCE, ALONG THE GENERAL EASTERLY LINE OF SAID
PARCEL 2, ON A DIFFERENT BASIS OF BEARINGS, THE
FOLLOWING THREE COURSES: SOUTH 09° 58' 22" EAST 95.26
FEET; SOUTH 82° 28' 32" WEST 4.09 FEET; AND SOUTH 02°
15' 27" WEST 14.03 FEET TO THE SOUTHERLY LIEN OF THE
LAND DESCRIBED IN PARCEL 2 OF DEED (STATE PARCEL 386)
RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE,
NORTH 82° 25' 57" EAST 14.59 FEET TO THE SOUTHWESTERLY
CORNER OF THE LAND DESCRIBED IN SAID DIRECTOR'S DEED
00-000388-01-01; THENCE, ALONG THE GENERAL WESTERLY
LINE OF LAST SAID DESCRIBED LAND, THE FOLLOWING FOUR
COURSES: NORTH 09° 56' 22" WEST 168.26 FEET: NORTH
04° 01' 15" WEST 179.24 FEET; NORTH 03 DEG. 29' 34"
EAST 40.21 FEET; AND NORTH 55° 10' 13" EAST 11.31 FEET
TO THE POINT OF BEGINNING.
PARCEL 3: THAT PORTION OF PARCEL 2 AS DELINEATED AND
SHADED ON MAP ATTACHED TO RELINQUISHMENT NO. 605
RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 1 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2,
RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY, ROAD 07-OR
A-1-8.4, REQUEST NO. 605, AS SHOWN ON A DOCUMENT
RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 1 OF
OFFICIAL RECORDS, RECORDS OF SAID ORANGE COUNTY;
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THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID
PARCEL 2, SOUTH 10° 01' 11" EAST 95.26 FEET; THENCE,
SOUTH 82° 25' 43" WEST 4.09 FEET; THENCE, SOUTH 2° 13'
08" WEST 19.86 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE
OF SAID PARCEL 2, SOUTH 76° 14' 42" WEST 30.93 FEET TO
A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY WITH
THE RADIAL BEARING FROM SAID POINT BEING NORTH 69° 23'
04" EAST, HAVING A RADIUS OF 1147.00 FEET; THENCE,
NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 112.61
FEET THROUGH A CENTRAL ANGLE OF 5° 37' 30" TO A POINT
ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE,
EASTERLY ALONG SAID NORTHERLY LINE, NORTH 74° 44' 37"
EAST 54.63 FEET TO THE 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. PC-132 granting, in
part, Conditional Use Permit No. 3277; 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.
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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,
Conditional Use Permit No. 3277 be, and the same is hereby,
granted permitting industrially-related office uses in an
existing industrial building on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS 18.05.093.021 Maximum number of Freestanding
18.05.098 signs. (1 sign permitted For
and 18.61.067 460 Feet oT Frontage; 3 signs
existing)
SECTIONS 18.05.093.0231 Minimum distance between
18.05.098 freestanding signs. (300 feet
and 18.61.067 required; 58 feet existing)
SECTIONS 18.05.098.011 Signs in parking-landscape
and 18.61.067 area. (maximum 1 sign permitted
in front 50-foot ~etback; ~
signs existing)
SECTIONS 18.05.098 - Permitted type of sign.
and 18.61.067 (Marquee [changeable copy]
signs prohibited; 1 marquee
sign existing)
subject to the following conditions:
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1. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said Division.
2. That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public street(s). Installation of any gates shall
~ conform to Engineering Standard Plan No. 402 and shall be
subject to the review and approval of the City Traffic
Engineer.
3. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standards. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. That the legal owner(s) of subject property shall execute
and record an unsubordinated covenant in a form approved by
~ the City Attorney's Office wherein such owner(s) agree not
to contest the formation of any assessment district(s)
which may hereafter be formed for the purpose of financing
the undergrounding of utilities, and which district(s)
could include such legal property owner's property.
5. That any lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required by
the City Fire Department.
6. That the proposed office uses shall be limited to the
following listed uses and that an unsubordinated covenant,
reviewed and approved by the City Attorney's Office,
so-limiting said uses shall be recorded in the Office of
the Orange County Recorder, a copy of which shall then be
presented to the Zoning Division:
(1) Accounting - bookkeeping, certified public accountant
forms or temporary CPA Firms
(2) Advertising
[5) Appraisers
(4) Banks
(5) Brokers real estate, business opportunities, etc.
(6) Business system companies
(7) Communication consultants
(8) Computer analysis firms
(9) Credit reporting agencies
(10)Designers industrial, interior, graphic
(11)Development companies
(12)Facility maintenance and planning
(15)Insurance companies or agencies
(14) Inventory services
(15) Leasing companies
(16) Management consultants or companies
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(17) Marketing research
(18) Personnel agencies
(19) Quality control analysis
(20) Sales offices (which serve the industrial area as
specified by Code Section 18.61.050.145)
(21)Secretarial or business services
(22) Any use permitted under Zoning Code Section 18.61.020
"Permitted Primary Uses and Structures", and subject
to all conditions of said Section.
Each individual use shall require the written approval of
the Zoning Division prior to occupancy which approval shall
only be given when it is demonstrated that such use is
either an expressly permitted use in such zone or meets the
criteria of Section 18.61.050.145 of the Anaheim Municipal
Code.
7. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
8. 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
through 8; provided, however, that the marquee sign shall
display only advertising or business identification
pertaining to the on-premise businesses and/or the time and
temperature, and that there shall be no display of any
other changeable copy or advertising on said sign.
9. That the appropriate permits for the signs along Tustin
Avenue shall be obtained from the City Building Division.
10. That Condition Nos. 1 through 6, 8 and 9, above-mentioned,
shall be completed within a period of ninety (90) days from
the date of this resolution.
11. 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.
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THE FOREGOING RESOLUTION is approved and adoptod by
the City Council of the City of Anaheim this 21st day of August,
1990.
ATTEST:~-~ ~
CITY CLERK OF THE CITY OF ANAHEIM
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3884L
090790
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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. 90R-326 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of August, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly, Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-326 on the 13th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 13th day of September, 1990.
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. 90R-326, duly passed and
adopted by the Anaheim City Council on August 21, 1990.
CITY CLERK OF THE CITY OF ANAHEIM