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2002-096RESOLUTION NO. 2002R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001- 04494. 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 for an existing telecommunications monopole with accessory ground-mounted equipment and to permit a used auto sales facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE EAST 110.00 FEET OF THE WEST 200.00 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT THEREON 220 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SECTION 9, 606.95 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TO A POINT IN THE CENTER LINE OF THE 80 FOOT STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE 350, OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH ALONG SAID WEST LINE 198.11 FEET TO THE POINT OF BEGINNING. THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP 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 SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 THENCE NORTH 0 DEG. 43' 06" WEST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0 DEG. 43' 06" EAST 40.86 FEET ALONG SAID WEST LINE TO A POINT LOCATED 8.50 FEET NORTHEASTERLY ON THE CENTER LINE OF A SWITCH TRACK OF RAILROAD, SAID DISTANCE MEASURED AT RIGHT ANGLES TO SAID TRACT; THENCE ALONG A LINE PARALLEL TO AND 8.50 FEET NORTHERLY OF SAID CENTER LINE OF SAID RAILROAD TRACK THROUGH THE FOLLOWING COURSES AND DISTANCES WHICH FOLLOW APPROXIMATELY BUT NOT EXACTLY THE CURVE OF SAID TRACK, SOUTH 84 DEG. 21' 01" EAST 25.15 FEET; SOUTH 87 DEG. 37' 38" EAST 25.04 FEET; NORTH 89 DEG. 44' 29" EAST 25.00 FEET; NORTH 86 DEG. 49' 51" EAST 25.02 FEET; NORTH 82 DEG. 49' 23" EAST 25.16 FEET; NORTH 81 DEG. 11' 58" EAST 25.25 FEET; NORTH 82 DEG. 06' 00" EAST 25.20 FEET; NORTH 85 DEG. 28' 58" EAST 25.06 FEET; THENCE LEAVING SAID TRACT NORTH 0 DEG. 42' 06" WEST 32.94 FEET, MORE OR LESS, TO A POINT IN THE LINE PARALLEL TO AND 220.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89 DEG. 16' 54" WEST 200.00 FEET ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 90 FEET OF THE NORTH 2.20 FEET. THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 0o 43' 06" WEST 157.60 FEET ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SAID WEST LINE BEING THE CENTERLINE OF LOARA STREET; THENCE NORTH 890 16' 54" EAST 20.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT IN THE EAST LINE OF SAID LOARA STREET; THENCE NORTH 890 16' 54" EAST 107.20 ALONG A LINE PARALLEL TO THE CENTERLINE OF SAID LOARA STREET TO A POINT IN THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILWAY RIGHT OF WAY, 100.00 FEET WIDE, AS DESCRIBED IN THE DEED TO CONTRACT AND FINANCE COMPANY RECORDED OCTOBER 7, 1874 IN BOOK 31, PAGE 377 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH 570 12' 16" WEST 191.91 FEET ALONG THE SAID NORTHEASTERLY RIGHT OF WAY LINE TO A POINT IN THE SAID EASTERLY LINE OF LOARA STREET; THENCE NORTH 0o 43' 06' WEST 1.25 FEET ALONG THE SAID EAST LINE OF LOARA STREET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 10, 1956 IN BOOK 3468, PAGE 19 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. BEGINNING AT A POINT IN THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT THEREON 217.80 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST PARALLEL TO THE SOUTH LINE OF SECTION 9, 90.00 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO A POINT IN THE CENTER LINE OF THE 80 FEET STATE HIGHWAY, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE 350, OFFICIAL RECORDS; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE HIGHWAY TO ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE SOUTH ALONG WEST LINE 200.31 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, WITH THE CENTER LINE OF MANCHESTER BOULEVARD, 80 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 17, 1935 IN BOOK 724 PAGE 350, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTER LINE OF MANCHESTER BOULEVARD, SOUTH 79 DEG. 45' 07" EAST, 84.15 FEET; THENCE SOUTH 10 DEG. 14' 53" WEST, 40.00 FEET TO THE SOUTHERLY LINE OF SAID MANCHESTER BOULEVARD; THENCE SOUTH 86 DEG. 45' 00" WEST 28.53 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 20.00 FEET, THROUGH AN ANGLE OF 76 DEG. 00' 00" AN ARC DISTANCE OF 26.53 FEET; THENCE TANGENT, SOUTH 10 DEG. 45' 00" WEST, 38.86 FEET TO THE EASTERLY LINE OF LOARA STREET, 40 FEET WIDE, THE CENTER LINE OF WHICH STREET IS SAID WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89 DEG. 15' 10" WEST, 20.00 FEET TO SAID WEST LINE; THENCE ALONG SAID WEST LINE, NORTH 0 DEG. 44' 50" WEST, 110.63 FEET TO THE POINT OF BEGINNING, AS GRANTED TO THE STATE OF CALIFORNIA, BE DEED RECORDED FEBRUARY 1, 1950 IN BOOK 1962 PAGE 266 OF OFFICIAL RECORDS; 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. PC2002-16 approving Conditional Use Permit No. 2001-4494; 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 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. 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. 2001-04494 be, and the same is hereby, granted to establish land use conformity with existing Zoning Code requirements for an existing telecommunications monopole with accessory ground-mounted equipment and to permit a used auto sales facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION NOS. 18.61.063.01] AND 18.61.063.013 Minimum landscaped setback. (10 feet required on Manchester Court and ! feet required on Loara Street; None proposed) subject to the following conditions: 1. That the portion of this permit pertaining to the automobile sales facility shall expire 2 years from the date of this resolution. 2. That a landscape plan shall be submitted to the Zoning Division for review and approval for installation of landscaped areas. Said plan shall include shrubbery and groundcover adjacent to Manchester Court and Loara Street. Plans shall also indicate the location and screening of the ground-mounted equipment for the telecommunications monopole. Any decision made by the Zoning Division may be appealed to the Planning Commission. 6 3. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount established by City Council. 4. That the developer shall pay a traffic and transportation fee to the City of Anaheim, Traffic Engineering Division, in an amount established by the City Council. 5. That no gates shall be installed across any driveway in any manner, which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 6. That the driveway along Loara Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 8. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 9. 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 drain runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 10. That 4-foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department. 11. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. Landscape and/or hardscape screening of all pad- mounted equipment shall be required. 7 12. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 13. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3831 (to permit a 3-story, 28,254 square foot animal kennel with waivers of (a) minimum structural setback and (b) minimum landscaped setback and Conditional Use Permit No. 1949 (to permit outdoor storage of new automobiles with waiver of (a) required setback and (b) required enclosure of outdoor uses) to the Zoning Division. 14. That plans showing building elevations, signs and parking lot lighting and bollards shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division may be appealed to the Planning Commission. 15. That the existing telecommunication antenna and ground- mounted equipment shall be limited to existing and permitted improvements. Any modification or expansion shall be subject to review and approval by the Planning Commission at a noticed public hearing. 16. That no signs, flags, banners or any other form of advertising or identification shall be attached to the telecommunication monopole. 17. That the 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, Revision No. 1 and Exhibit No. 2. The temporary use of the subject property for used auto sales shall remain and at all times be an accessory use to the main auto dealership currently existing at the southwest corner of Lincoln Avenue and Euclid Avenue. 18. 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, 3, 4, 8, 9, 10, 13, and 14 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. 19. 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. 6 and 17 above-mentioned, shall be complied with. 20. That the 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 7th day of May, 2002. ATTEST: CIT~CLER~ OF ~HE CITY OF ANAHEIM 44632.1 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. 2002R-96 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None CI~I'Y CLEI~'K OF filE CITY OF ANAHEIM (SEAL)