Loading...
2001-281RESOLUTION NO. 2001R-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04441 FOR A PERIOD O F TEN YEARS TO EXPIRE NOVEMBER 13, 2011. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an auto collision repair and auto rental facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: EXHIBIT "A": THAT PORTION OF THE LAND ALLOTTED TO A.S . VAN DE GRAAF IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA AN, RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 18 68 IN BOOK "B" PAGE 410 OF JUDGEMENTS OF THE 17TM JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP RECORDED IN BOOK 5 PAGE 130 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOT ANGELES COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST TERMINUS OF THAT CERTAIN COURSE IN THE CENTER LINE OF KATELLA AVENUE DESCRIBED AS HAVING A LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 3906 PAGE 231 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE AT RIGHT ANGLE TO SAID CERTAIN COURSE~ NORTH 40 DEGREES 13' 41" WEST 60.00 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1060.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID POINT BEARS SOUTH 40 DEGREES 13 ' 41" EAST; THENCE NORTHEASTERLY 53.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2 DEGREES 52' 20:"; THENCE NORTH 21 DEGREES 30' 22" EAST 31.23 FEET; THENCE NORTH 36 DEGREES 03 ' 15" WEST TO A LINE PARALLEL WITH AND NORTHWESTERLY 210.00 FEET FROM SID COURSE DESCRIBED AS HAVING A LENGTH OF 767.98 FEET; THENCE SOUTH 49 DEGREES 4 6 ' 19" WEST TO A LINE PARALLEL WITH AND SOUTHWESTERLY 150.00 FEET FROM THE COURSE DESCRIBED ABOVE AS HAVING A BEARING OF NORTH 36 DEGREES 03' 15" WEST; THENCE SOUTH 36 DEGREES 03 ' 15" EAST TO A LINE BEARING SOUTH 49 DEGREES 46 ' 19" EAST TO THE POINT OF BEGINNING. THAT PORTION OF THE LAND ALLOTTED TO A. S. VAN DE GRAAF IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE SEVENTEENTH JUDICIAL DISTRICT COURT OF CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 6 OF THE TRAVIS TRACT IN SAID CITY, AS PER MAP RECORDED IN BOOK 5 PAGE 120 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST TERMINUS OF THE COURSE IN THE CENTERLINE OF KATELLA AVENUE, DESCRIBED AS HAVING A LENGTH OF 767.98 FEET IN PARCEL A OF THE DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 3906 PAGE 231 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE AT RIGHT ANGLES FROM SAID CERTAIN COURSE NORTH 40 DEGREES 13' 41" WEST 60.00 FEET TO THE EXISTING NORTHWESTERLY RIGHT-OF-WAY LINE OF KATELLA AVENUE, PER DEED RECORDED IN BOOK 8167 PAGE 632 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 49 DEGREES 4 6 ' 19" WEST 70.7 6 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF SAID KATELLA AVENUE, SOUTH 49 DEGREES 4 6 ' 19" WEST 106.05 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 55 DEGREES 47 38" WEST 311.48 FEET TO THE NORTHERLY LINE OF THE SANTA FE RAILROAD RIGhT-OF-WAY; Tt{ENCE NORTH 69 DEGREES 59' 29" WEST 523.02 FEET TO THE WESTERLY LINE OF SAID RANCHO SANTIAGO DE SANTA ANA; THENCE ALONG SAID RANCHO LINE, NORTH 27 DEGREES 39' 30" EAST 174.84 FEET TO AN ANGLE POINT THEREIN DESIGNATED AS SSA69; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 33 DEGREES 39' 31" EAST 544.94 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF HOWELL AVE., PER DEED RECORDED IN BOOK 5251 PAGE 8 OF OFFICIAL RECORDS, SAID POINT BEING IN A NONTANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 482 FEET, A RADIAL TO SAID POINT BEARS NORTH 17 DEGREES 08 ' 50" EAST; THENCE SOUTHEASTERLY 152.79 FEET ALONG SAID AVE., THROUGH A CENTRAL ANGLE O F 18 DEGREES 09 ' 43" TO THE SOUTHERLY LINE OF HOWELL AVE., PER DEED RECORDED IN BOOK 441 PAGE 337 OF OFFICIAL RECORDS; THENCE ALONG SAID AVE., SOUTH 54 DEGREES 41' 27" EAST 376.82 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 7249 PAGE 767, OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 36 DEGREES 03' 15" EAST 22.36 FEET TO THE WEST LINE OF SAID LOT 6 OF TRAVIS TRACT AND THE WESTERLY TERMINUS OF STRUCK AVENUE, PER DEED RECORDED IN BOOK 611 PHASE 11 OF OFFICIAL RECORDS: THENCE SOUTH 33 DEGREES 39' 31" WEST 23.81 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID STRUCK AVENUE; THENCE SOUTH 88 DEGREES 53 ' 51" EAST 28.02 FEET TO SAID SOUTHWESTERLY LINE; THENCE SOUTH 36 DEGREES 03' 15" EAST 1.99 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE LAND LEASED TO SHELL OIL COMPANY; THENCE SOUTH 49 DEGREES 46' 19" WEST 150.40 FEET TO THE SOUTHWESTERLY LINE OF SAID LAND; THENCE SOUTH 36 DEGREES 03 ' 15" EAST 150.40 FEET TO THE TRUE POINT OF BEGINNING. A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN BOOK 65 PAGE 5 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC2001-144 granting Conditional Use Permit No. 2001-04441; 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. 2001-04441 be, and the same is hereby, granted permitting an auto collision repair and auto rental facility on the hereinabove described real property, subject to the following conditions: 1. That subject use permit shall expire in ten (10) years from the date of this resolution, on November 13, 2011. 2. That a landscaping plan for the entir~ site, specifying type, size and location of existing and proposed refurbished landscaping and irrigation, shall be submitted to the Zoning Division of the Planning Department for review and approval. The landscaping plan shall incorporate landscape materials from the Plant Palette contained in the Anaheim Stadium Area Master Land Use Plan Document and shall include the planting of vines on the existing chain link fencing facing Katella Avenue. Following approved, the landscaping shall be installed and maintained in accordance with the plan. 3. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 4. That, if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed by the property owner within the public rights-of-way adjacent to Katella Avenue and Howell Avenue. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 5. That signs for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. No signage shall be permitted for the accessory auto rental facility. 6. That the storage of vehicle parts or business-related materials and all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicle parts or materials, shall be allowed outside or on the roof of the buildings. Further, there shall be no outdoor equipment permitted, including hydraulic lifts. 7. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Department. 8. That the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 9. That the driveways on Katella Avenue and Howell Avenue shall be removed and reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 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 area(s) 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 plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Additionally, the developer shall install roofs over the trash enclosure(s) to prevent the entry of storm water. Said information shall be specifically shown on the plans submitted for Streets and Sanitation Division for review and 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 accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for Streets and Sanitation Division review and approval. 13. That three (3) foot high street address numbers shall be displayed on the roof of the buildings in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be shown on plans submitted for Police Department, Community Services Division, for review and approval. 14. That, if required by the City of Anaheim Public Utilities Department, the legal property owner shall provide the City of Anaheim with a public utility easement. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 15. That any required relocation of city electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening shall be required for all pad-mounted equipment and said screening shall be shown on plans submitted for Planning Department approval. 16. That all existing and proposed air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from public view. Such information shall be specifically shown on the plans submitted for Planning Department approval. 17. That no banners, flags, pennants or other temporary advertising what-so-ever shall be displayed on the premises. 18. That no exterior loudspeaker or intercom system shall be permitted on the premises. 19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 20. 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, 2 and 3, and as conditioned herein. 21. That prior to 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. 2, 8, 10, 11, 12, 13, 14, 15 and 16, 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. 22. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 4, 9 and 20, above-mentioned, shall be complied with. 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 13th day of November, 2001. MA O~ OF T~ CITY OF A~~HEIM ATTEST: 42502.1 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. 2001 R-281 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of November, 2001, by the followi~ng vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None NODe CrTY CLEF::~ OF THE CITY OF ANAHEI~ (SEAL)