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1985-399RESOLUTION NO. 85R-399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2648 (REHEARING). 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 JAY D. COWAN and BARBARA E. COWAN, owners, to permit expansion of a travel trailer park upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL l: THE SOUTH 222.00 FEET OF THE NORTH 288.00 FEET OF THE EAST 108.00 FEET (MEASURED ALONG THE NORTHERLY AND EASTERLY LINES) OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE EAST 1.00 ACRE OF THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE NORTH 288.00 FEET THEREOF, SAID 288.00 FEET BEING MEASURED ALONG THE EASTERLY LINE THEREOF; 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. PC85-109 granting, in part, Conditional Use Permit No. 2648; 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, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, did grant said conditional use permit, in part, by adoption of its Resolution No. 85R-262; and WHEREAS, thereafter, within the time prescribed by law, the property owner filed a request for, and was granted, a rehearing of said conditional use permit by the City Council; and WHEREAS, at the time and place fixed for said rehearing, the City Council did duly hold and conduct such rehearing 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: -2- 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 use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2648 be, and the same is hereby, granted permitting expansion of a travel trailer park on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.04.045.014 - Required setback in special areas. (Recrea- tional vehicle spaces not permitted to encroach into 35-foot special set- back area adjacent to Lincoln Avenue; Recrea- tional vehicle spaces existing in 35 foot special setback area) subject to the following conditions: 1. That the travel trailer park shall be limited to recreational vehicles, only as defined in Section 779.24 of the California Civil Code, and that each recreational vehicle shall be allowed to remain within said park for a maximum of twenty-nine (29) days for any single continuous time period. 2. 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 each new recreational vehicle space. 3. That the wheels shall not be removed from any recreational vehicle or trailer nor shall any skirting be installed nor shall any temporary or permanent structures be placed on any individual recreational vehicle spaces. 4. That sidewalks, curbs and gutters shall be repaired along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That this approval shall limit the number of recreational vehicle spaces to a total of 46 spaces. -3- 6. That the existing driveways shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 7. That all recreational vehicle spaces in the park shall be served by underground utilities. The appropriate permits shall be obtained for any necessary work. 8. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 10. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1175. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1 and Exhibit No. 2; provided, however, that there shall be no recreational vehicle spaces in the front thirty-five (35) foot setback, that any recreational vehicle spaces in front of the building (on the north side) shall be shielded from Lincoln Avenue by a minimum six (6) foot high block wall located no closer than thirty-five (35) feet to Lincoln Avenue, and that the front thirty-five (35) foot setback area shall minimally contain at least a three (3) foot landscaped plantEr adjacent to Lincoln Avenue with the remainder being paved for passenger vehicle parking. 12. That Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 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 the City Council of the September, 1985. RESOLUTION is approved and adopted by City of Anaheim this 10th day of i~ ~` ' ~~~ ~~~ YOR OF THE CI OF ANAHEIM ATTEST": j --~~~ ~ ~ / ~~~ ~ ~~'~'Z' " ~ Z` I TY CLE K~OF THE C I TY OF AHE ~M JLW: fm 4248M/092585 -4- CLERK 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-399 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of September, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-399 on the 10th day of September, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of September, 19 ,~`__~~ 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-399 duly passed and adopted by the Anaheim City Council on September 10, 1985. TY LERK