1985-332RESOLUTION NO. 85R-332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2698.
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 SMOOKE AND SONS INVESTMENT COMPANY, owner, and ORANGE COUNTY
TRUCK AND TRAILER SALES, INC., agent, to permit a truck sales and
service agency upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP AS RECORDED IN
BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND
DESCRIBED IN THE DEED TO BEULAH PECKHAM, ET AL
RECORDED JULY 11, 1955 IN BOOK 3133 PAGE 28 OF
OFFICIAL RECORDS, SAID POINT BEING ON THE NORTH LINE
OF SAID NORTHWEST QUARTER, WESTERLY 610.00 FEET FROM
THE NORTHEAST CORNER THEREOF; THENCE SOUTH 9° 46' 00"
EAST 60.89 FEET TO THE MOST NORTHERLY CORNER OF THE
LAND DESCRIBED IN THE DEED TO BEULAH PECKHAM KINKEAD
RECORDED AUGUST 8, 1963 IN BOOK 6666 PAGE 253,
OFFICIAL RECORDS; THENCE SOUTH 0° Ol' 45" WEST 363.13
FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE
DEED TO NATHAN SMOOKE RECORDED JUNE 3, 1963 IN BOOK
6571 PAGE 559, OFFICIAL RECORDS; THENCE PARALLEL WITH
SAID NORTHERLY LINE OF THE NORTHWEST QUARTER, WESTERLY
264.33 FEET TO A LINE PARALLEL WITH AND NORTHWESTERLY
150.00 FEET FROM THE CENTER LINE OF THE 60.00 FOOT
CALIFORNIA STATE HIGHWAY; THENCE NORTHWESTERLY 40.40
FEET ALONG LAST SAID PARALLEL LINE TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO
EDISON SECURITIES COMPANY, A CORPORATION, RECORDED
APRIL 22, 1949 IN BOOK 1833 PAGE 41 OF OFFICIAL
RECORDS; THENCE NORTHERLY 392.82 FEET ALONG THE
EASTERLY LINE OF SAID LAND OF EDISON TO THE NORTH LINE
OF SAID NORTHWEST QUARTER; THENCE EASTERLY ALONG SAID
NORTH LINE OF THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP
FILED IN BOOK 7 PAGE 50 OF RECORD OF SURVEYS, IN THE
OFFICE OF SAID COUNTY RECORDER; 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. PC85-149 granting
Conditional Use Permit No. 2698; 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 adjoin-
ing 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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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; and
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; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 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. 2698 be,
and the same is hereby, granted permitting a truck sales and
service agency on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.030
AND 18.61.066.030
SECTIONS 18.06.050.0222
18.06.050.0223
18.06.080
AND 18.61.066.050
- Required improvement of outdoor
storage areas. (paving required;
crushed rock proposed)
- Minimum number of parking spaces.
(51 spaces required; 21 spaces
proposed)
SECTION 18.61.064.020
SECTIONS 18.61.068.030
AND 18.61.068.031
- Maximum fence height. (36 inch
high decorative screen type wall
in 50 foot front setback area
adjacent to Katella permitted;
6-foot high chainlink fence
located 35 feet from Katella Ave-
nue proposed)
- Required enclosure of outdoor
uses. (chainlink fence with
slats required; chainlink fence
without slats proposed)
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subject to the following conditions:
1. That sidewalks shall be installed along Katella Avenue
as required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
~`~ Engineer.
2. That the driveway shall be reconstructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
3. That prior to the commencement of the activity
authorized under this resolution, or prior to the time that a
building permit is issued, or within a period of ninety (90) days
from the date of this resolution, whichever occurs first, the
owner(s) of subject property shall execute and record a 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 pursuant to the
provisions of Development Agreement No. 83-O1 between the City of
Anaheim and Anaheim Stadium Associates, which district(s) could
include such owner's property. Failure to comply with this
condition within the specified time shall deem this conditional
use permit null and void.
4. That all on-site landscaping and irrigation facilities
shall be refurbished and maintained in conformance with City
standards.
5. That reasonable landscaping, including irrigation
facilities, shall be installed in the uncemented portion of the
parkway adjacent to Katella Avenue. The owner(s) of subject
property shall thereafter assume the responsibility for
maintenance of said parkway landscaping.
6. That gates shall not be installed across the driveway
in a manner which may adversely affect vehicular traffic in the
adjacent public streets. Installation of any gates within a
distance of sixty five (65) feet from said public street
right-of-way shall be subject to the review and approval of the
City Traffic Engineer.
7. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
8. That all lockable pedestrian vehicular access gates
~--. shall be equipped with a "knox box" device to the satisfaction of
the Chief of Police and the City Fire Marshal.
9. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
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10. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
11. That the owner of subject property shall submit a
letter requesting termination of Conditional Use Permit No. 1055
to the Planning Department.
12. That the proposed modular sales office structure shall
comply with the minimum standards of the City of Anaheim,
including the Uniform Building, Electrical, Mechanical and Fire
Codes as adopted by the City.
13. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. l; provided, however, that the
crushed rock or decomposed granite material used to surface the
50,000 square foot outdoor truck and trailer display area and the
10,800 square foot outside repair and overnight storage area
shall be approved the the City Engineer; and that the area in
front of the modular office shall be paved northerly to the
chainlink fence adjacent to the 35-foot wide landscaped setback.
14. That prior to the commencement of the activity
authorized under this resolution prior to issuance of a building
permit, or within a period of one year from the date of this
resolution, or prior to commencement of the activity authorized
under this resolution, whichever occurs first, Condition Nos. 11
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 the commencement of the activity
authorized under this resolution, or final building and zoning
inspections whichever occurs first, Condition Nos. 1, 2, 4, 5, 6,
7, 8, 9 and 13, above-mentioned, shall be complied with.
16. That this permit is granted for a period of three (3)
years, to expire June 10, 1988.
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 adopted by the
City Council of the City of Anaheim this 23rd day of July, 1985.
MAYOR OF THE CITY ANA EIM
ATTEST:
CITY CLERK OF TH CITY OF ANAHEIM
JLW:fm/4020M/080585
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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. 85R-332 was introduced and adopted at a regular ,~.,,,,a
meeting provided by law, of the City Council of the City of Anaheim held on
the 23rd day of July, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-332 on the 23rd day of July, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and aff iced the seal of the
City of Anaheim this 23rd day of July, 1985.
~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. 85R-332 duly passed and
adopted by the A~Zaheim City Council on July 23, 1985.
C T CLE