RES-1989-167RESOLUTION NO. 89R-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3126.
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 LEONARD N. GILLILAND JR., AND LAUREEN A. GILLILAND, WILLIAM C.
AND CYNTHIA LYNN TAORMINA, 912 N. Anaheim Boulevard, Anaheim, CA
92802, owners and David L. Wall, P.O. Box 2276, Anaheim, CA 92814,
agent, to expand an existing automobile repair facility upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
LOTS 4 AND 5, IN BLOCK 4 OF TRACT 304, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 14, PAGE 50, OF
MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING FROM SAID LOT 4, THE WESTERLY 2.75 FEET
THEREOF, AS CONVEYED TO THE CITY OF ANAHEIM~ BY DEED
RECORDED DECEMBER 2ND, 1937, IN BOOK 921 PAGE 61
OFFICIAL RECORDS OF SAID COUNTY.
LOT 3 IN BLOCK 4 OF TRACT NO. 304, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK
14, PAGE SO OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
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 18.05 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 ail evidence and reports offered at
said hearing, did adopt its Resolution No. 89R-80 granting
Conditional Use Permit No. 5126; 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
GRNTG CUP 3126
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations o£ 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.
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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) 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(s) 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. 3126 be, and
the same is hereby, granted permitting expansion of an automobile
repair facility on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.06. 050.0132 - Minimum number of parking
AND 18.45.066.050 spaces.
[50 required; 21 pro-
posed)
subject to the following conditions:
I ·
That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council
resolution.
2 GRNTG CUP 3126
·
That in the event a parcel map is not recorded combining the
three (3) existing lots, the legal property owner shall
furnish the Zoning Division with a copy of a recorded
covenant and agreement, in a form approved by the City
Attorney, agreeing to hold subject property as one (1) parcel.
·
That the new construction authorized by this resolution shall
be served by underground utilities.
That a fee shall be paid to the City of Anaheim for street
lighting along Anaheim Boulevard in an amount as established
by City Council resolution.
That a fee shall be paid to the City of Anaheim for tree
planting along Anaheim Boulevard in an amount as established
by City Council resolution.
·
That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on
file with said Division.
~
That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view, and the sound buffered from adjacent residential
properties.
·
That the proposal shall comply with all signing requirements
of the CG 'Commercial, General' Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
·
That building plans shall show that any proposed parking area
lighting fixtures adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet.
Said lighting fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area.
10. That no outdoor storage of, display of, or work on vehicles
or vehicular parts shall be permitted.
11. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1948-12 and
Conditional Use Permit No. 2114 to the Zoning Division·
1Z. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 through 5.
15. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anahiem a strip of land ten
(10) feet wide from the centerline of the alley on the
westerly property line for alley widening purposes.
GRNTG CUP 3126
14. That final landscape plans shall be approved by the Planning
Commission. Said plans shall show that the cross-hatched
area shown between the handicapped parking spaces (identified
as Nos. 20 and 21 on Exhibit No. 1) shall be properly
landscaped and permanently maintained with an automatic
sprinkler system.
15. That 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, 4, 5, 9, 11, 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.
16. That prior to final building and zoning inspections,
Condition Nos. 3, 6, 7, 12, and 14, above-mentioned, shall be
complied with.
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
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 day of , 1989.
2nd May ~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
3085L
050889
GRNTG CUP 3126
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. 89R-167 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2nd day of May, 1989, by the following vote of the members thereof:
AYES'
COUNCIL MEMBERS' Ehrle, Pickler, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' Daly
ABSENT' COUNCIL MEMBERS' None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-167 on the 9th day of May, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 9th day of May, 1989.
CITY CLERK OF THE CITY OF ~NAHEIM
(sg^L)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-167 duly passed and
adopted by the Anaheim City Council on May 2, 1989.
· ~{_
CITY CLERK OF THE CITY OF ANAHEIM