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RES-1989-326RESOLUTION NO. 89R-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3159. 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 REPUBLIC FEDERAL SAVINGS & LOAN ASSOCIATIONs A CORPORATION, P.O. Box 54089, Los Angeles, CA 90054-0089, owner, and DR. GEORGE W. TAUS, M.D., 29000 S. Western Avenue, Suite 305, Rancho Palos Verdes, CA 90732, agent to permit a temporary medical office trailer at an existing medical office complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: LOT 32 OF TRACT NO. 2537, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 75 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND PARCEL 2: LOT 33 OF TRACT NO. 2537, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 75 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA, AND PARCEL 3: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS COYOTES, 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. BEGINNING AT A POINT IN THE CENTER LINE OF BROOKHURST STREET, SAID POINT BEING NORTH 0© 40' 60" EAST 124.31 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF TIlE SOUTHEAST QUARTER; THENCE NORTH 89° 58' 11" EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 300 CUP 3159 FEET; THENCE NORTH 0° 40' 06" EAST PARALLEL WITH SAID CENTER LINE OF BROOKNURST STREET 200 FEET; THENCE SOUTH 89° 58' 11" WEST PARALLEL TO SAID SOUTH LINE 300 FEET TO A POINT iN SAID CENTER LINE OF BROOKHURST STREET; THENCE SOUTH 0° 40' 06" WEST ALONG SAID CENTER LINE 200 FEET TO THE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City ffall 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. PC89-145 granting Conditional Use Permit No. 3159; 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 ali 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 ail 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 ~ill 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. -2- CUP 3159 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 congestion in the immediate vicinity nor adjoining land uses; and an increase in traffic adversely affect the 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, for the reasons hereinabove stated, Conditional Use Permit No. 3159 be, and the same is hereby, granted permitting a temporary medical office trailer at an existing medical complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0211 and 18.44.066.050 Minimum number of parking spaces. [141 required; 61 proposed) subject to the following conditions: That in the event a parcel map is not recorded combining the two (2) 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 parcel. That the trailer shall be located no closer than twenty (20) feet to the existing medical office building; that only one trailer shall be permitted and it shall be located in the inner courtyard area; and that a permanent power source shall be supplied, with no gasoline or diesel generators being permitted. That prior to issuance of a permit, for the trailer permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. That all driveways on Brookhurst Street shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. -3- CUP 3159 10. 11. 12. 13. 14. That any utilities necessary to operate subject trailer shall be located underground. That a fee shall be paid to lighting along Niobe Street City Council resolution. the City of Anaheim for street in an amount as established by That street lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager. That a fee shall be paid to the City of Anaheim for tree planting along Brookhurst Street and Niobe Street in an amount as established by City Council resolution. That the sound from ail mechanical equipment connected to trailer temporary, such as air conditioners, shall be buffered from nearby residential properties. the 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. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the trailer shall be located in the interior courtyard as specified in Condition No. 2 herein. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 7, 8 and 11, 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. That the hours of operation shall be restricted to 7a.m. to 9:30 p.m. - Saturdays and Sundays 7 p.m. to 9:30 p.m. - 4 nights a week and further that trucks delivering equipment shall not arrive after 9:30 p.m. or before 7 a.m. on any day. That this use is approved for a period of six (6) months, to expire on January 25, 1990, at which time a new conditional use permit may be Sought if the use has not had a detrimental effect upon the surrounding area. -4- CUP 3159 15. 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 25th day of July, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEI~ JL~:kh 3235L 072789 -5- CUP 3159 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-326 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of July, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ehrle, Pickler, Kaywood and Hunter AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-326 on the 31st day of July, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of July, 1989. 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. 89R-326 duly passed and adopted by the Anaheim City Council on July 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM