RES-1989-327RESOLUTION NO. 89R-327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3160.
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 HARINDER GREWAL, 6891 Avenida De Santiago, Anaheim, CA 92807,
owner, and J.P. Hunter, 6891 Avenida De Santiago, Anaheim, CA
92807, agent to permit an automotive repair facility upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED
STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1:
IN THE
THAT PORTION OF THE LANDS ALLOTTED TO M. YORBA
ACCORDING TO A MAP ATTACHED TO AND MADE A PART OF THE
DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA,
RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL
DISTRICT COURT OF LOS ANGELES COUNTY, CALIFORNIA, A
CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 28, PAGE
158 OF DEEDS OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING IN THE CENTER LINE OF THE ANAHEIM DITCH
246.40 FEET SOUTH 81 DEGREES 15' 20" EAST FROM THE
NORTHEAST CORNER OF LAND CONVEYED BY MARCOS YORBA TO
ANGEL NABARRO, BY DEED RECORDED IN BOOK 55, PAGE 10 OF
DEEDS RECORDS OF LOS ANGELES, CALIFORNIA; AND RUNNING
THENCE NORTH 81 DEGREES 15' 20" WEST ALONG SAID CENTER
LINE 70 1/2 FEET; THENCE SOUTH 0 DEGREES 33' 50" EAST
210 FEET; TltENCE SOUTH 81 DEGREES 15' 20" EAST 70 1/2
FEET; THENCE NORTH 9 DEGREES 33' 50" WEST 210 FEET TO
THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR
20 FEET AND TilE
DESCRIBED LAND:
INGRESS AND EGRESS OVER THE WESTERLY
SOUTHERLY 50 FEET OF THE FOLLOWING
THE NORTH HALF OF THAT PORTION OF THAT THIRD CLASS
LANDS OF FELIPE YORBA BY PARTITION OF THE RANCHO CAJON
DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, BY THE SEVENTEENTH DISTRICT JUDICIAL
DISTRICT, CASE NO. 1978 ON FEBRUARY 2, 1874, LOS
ANGELES COUNTY, DESCRIBED AS FOLLOWS:
CUP 3160
BEGINNING AT A POINT IN THE CENTER LINE OF THE ANAHEIM
DITCH, 81 DEGREES 15' 20" EAST, 412.00 FEET FROM THE
NORTHWEST CORNER OF THE LAND CONVEYED BY MARCOS YORBA
TO ANGEL NABARRO BY DEED RECORDED IN BOOK 55, PAGE 10
OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA:
THENCE NORTH 81 DEGREES 15' 20" WEST ALONG SAID CENTER
LINE 65.60 FEET; THENCE SOUTH 0 DEGREES 33~
50" EAST, 476.06 FEET; THENCE SOUTH 75 DEGREES 21' 00"
EAST, 67.08 FEET TO A POINT WHICH IS SOUTH 0 DEGREES
33' 50" EAST 483.05 FEET FROM THE BEGINNING, THENCE
NORTH 0 DEGREES 33' 50" WEST 483.05 FEET TO THE POINT
OF BEGINNING, AS GRANTED BY INSTRUMENT RECORDED
JANUARY 18, 1989 AS DOCUMENT NO. 89-030763 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. PC89-147 granting
Conditional Use Permit No. 3160; 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 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.
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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, for the reasons hereinabove stated,
Conditional Use Permit No. 3160 be, and the same is hereby,
granted permitting an automotive repair facility on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0222
and 18.61.066.050
Minimum Number of Parking Spaces.
(44 required; 12 provided)
subject to the following conditions:
l. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim an additional strip
of land along La Palma Avenue, measured easterly from the
ultimate right-of-way line at the corner of the intersection
of Lakeview and La Palma Avenue, and varying in width from
twelve (12) feet for the first three hundred (300) feet and
then transitioning from twelve (12) feet to 0 feet for the
next three hundred (300) feet.
That the legal owner of subject property shall acquire a
recorded covenant granting an access easement from the legal
property owner immediately west of subject property for
ingress and egress purposes to subject property. Said
easement shall be designed in a manner satisfactory to the
City Traffic Engineer. Prior to recordation, said covenant
-3- CHP 5160
10.
ll.
12.
shall be submitted to the City Attorney for review and
approval as to form. A copy of the recorded covenant shall
then be submitted to the Zoning Division.
That the driveway on La Palma Avenue shall be reconstructed
to accommodate ten (10) foot radius curb returns in
conformance with Engineering Department Standard No. 137.
Existing broken or cracked driveways shall be removed and
replaced as required by the City Engineer.
That sidewalks shall be installed along La Palma Avenue as
required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City
Engineer.
That prior to issuance of a building permit, a traffic signal
assessment fee equaling the difference between the industrial
and commercial assessment fees shall be paid to the City of
Anaheim in an amount as established by City Council
resolution.
That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public streets. Installation of any gates shall
conform to the Engineering Department's Standard Plan No. 402
and shall be subject to the review and approval of the City
Traffic Engineer.
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.
That the proposal shall comply with all signing requirements
of the ML "Industrial, Limited" Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
That no outdoor storage of, display of,
or vehicular parts shall be permitted,
for-sale vehicles displayed.
or work on vehicles
and there shall be no
That the on-site landscaping shall be maintained in
compliance with City standards.
That this Conditional Use Permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 66-67-64, now pending.
-4- CUP 3160
13.
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.
14.
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. 1, 2, 5
and 12, 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.
15.
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. 5, 4, 7,
8 and 13, above-mentioned, shall be complied with.
16.
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 CLER[ OF THE CITY OF ANAHEIM
JLW:kh
3234L
072789
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CUP 3160
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-327 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
NOES
ABSENT:
COUNCIL MEMBERS: Daly, Ehrle,
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Pickler, Kaywood and Hunter
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-327 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-327 duly passed and
adopted by the Anaheim City Council on July 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM