91-016 RESOLUTION NO. 91R-16
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3357.
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 auto stereo and alarm installation upon certain real
property located within the city of Anaheim, County of Orange,
State of California, legally described as:
THE SOUTH 150.00 FEET OF THE NORTH 216 FEET OF
THE WEST 190 FEET OF LOT 4 IN BLOCK "A" OF
TRACT NO. 13 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SAID NORTH AND WEST DISTANCES
BEING MEASURED TO THE CENTER LINES OF THE
STREET ADJOINING SAID LOT ON THE NORTH AND
WEST.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LAND
EASTERLY 60 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE WESTERLY ALONG SAID PARALLEL LINE TO SAID
NORTHWEST CORNER; THENCE SOUTHERLY ALONG SAID WEST LINE
TO A LINE PARALLEL WITH AND SOUTHERLY 20 FEET FROM SAID
NORTH LINE; THENCE EASTERLY 40 FEET ALONG SAID NORTH
LINE; THENCE NORTHEASTERLY ON A DIRECT LINE 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. PC90-270 granting Conditional
Use Permit No. 3357; 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
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WHEREAS, the City Council finds, after careful
consideration 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.
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:
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 Conditional Use Permit No. 3357 be, and the
same is hereby, granted permitting auto stereo and alarm
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installation on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0222 Minimum number of ~arkinq spaces.
18.06.080 (37) required; ~ proposed)
and 18.44.066.050
SECTION 18.44.063.010 Minimum structural setback.
(10 feet required along Brookhurst
Street; 4 feet existing)
subject to the following conditions:
1. That a fee for street lighting purposes shall be paid to
the city of Anaheim based on the length of street
frontage along Brookhurst Street in an amount as
established by city Council resolution.
2. That plans shall be submitted to the city Traffic
Engineer for his review and approval showing conformance
with the latest revisions of Engineering Standard Plan
Nos. 436 and 601 pertaining to parking standards.
Subject property shall thereupon be developed and
maintained in conformance with said plans.
3. That all driveways shall be reconstructed to accommodate
fifteen (15) foot radius curb returns in conformance with
Engineering Department Standards. Existing broken or
cracked driveways shall be removed and replaced as
required by the City Engineer.
4. That prior to issuance of a building permit, the
appropriate fees due for primary water mains and fire
protection service shall be paid to the Water Engineering
Division in accordance with Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
5. That no outdoor storage of, display of, or work on
vehicles or vehicular parts shall be permitted.
6. That the on-site landscaping and irrigation system shall
be refurbished and maintained in compliance with city
standards.
7. That the parking area adjacent to Lincoln Avenue and
Brookhurst Street shall be screened from view in
conformance with Zoning Code Section 18.44.064.010
"Automobile Parking Areas".
8. That trash storage areas shall be refurbished to the
satisfaction of the Street Maintenance and Sanitation
Division to comply with approved plans on file with said
division.
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9. That no banners or other types of temporary advertising
shall be displayed within any service bay facing the
public rights-of-way.
10. That the proposal shall comply with all signing
requirements of the CL "Commercial, Limited" Zone, unless
a variance allowing sign waivers is approved by the City
Council, Planning Commission or Zoning Administrator.
11. 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 No. 1
and Revision No. 1 of Exhibit No. 2, provided, however,
that the lower portion of the roll-up door shall be
painted, or shall consist of a material, to match the
brick on adjacent store fronts.
12. That prior to the commencement of the activity authorized
by this resolution, or prior to issuance of a building
permit, or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition
Nos. 1, 2 and 4, 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.
13. That prior to the commencement of the activity authorized
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 3, 6,
7, 8, and 11, above-mentioned, shall be complied with.
14. That this conditional use permit shall terminate in nine
(9) years, on December 3, 1999.
15. That this use shall be authorized only for the
installation of auto stereo, radio, alarm and telephone.
16. That if and when this conditional use permit terminates
at some future date, the roll-up door shall be replaced
with a normal store front.
17. 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
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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 15th day of January, 1991.
~AYOR OF THE CITY O~ANAHEIM~
ATTEST:
CITY CLERK OF TH EIM
JLW:dnl
R34CUP3357.113
013091
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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. 91R-16 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 15th day of
January, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
TEMPORARILY ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-16 on the 1st day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 1st day of February, 1991.
CITY CLERK OF THE CITY OF
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-16, duly passed and adopted
by the City Council of the City of Anaheim on January 15, 1991.
CITY CLERK OF THE CITY OF ANAHEIM