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87-269 RESOLUTION NO. 87R-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2885. 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 WILLY SULZMANN & HARRIET C. SULZMANN, 1884 South Santa Cruz Street, Anaheim, California 92805, owners, and GREGORY A. PRESTON, 1884 South Santa Cruz Street, Anaheim, California 92805, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCEL 10, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP BOOK 134, PAGES 40-41 OF PARCEL MAPS 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. PC87-66 approved Conditional Use Permit No. 2885; 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, the matter was referred to a hearing officer by the City Council who, upon direction of the City Council, did conduct a duly noticed public hearing at which evidence was taken and from which *he hearing officer made a recommendation to grant said conditional use permit; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and and report of the hearing officer, 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 gener'ated 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 [tot 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 ail 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, the action of the City Planning Commission approved said conditional use permit be, and the same is hereby, sustained and that Conditional Use Permit No. 2885 be, and the same is hereby, granted permitting an automobile repair facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0222 - 18.06.050.031 18.06.080 AND 18.61.066.050 Minimum number of parking spaces. (27 spaces re- quired; 16 spaces existing) subject to the following conditions: 1. That in the event a parking deficiency occurs (said deficiency having been demonstrated in a parking demand study to be funded by the property owner at the request of the City Traffic Engineer and to be reviewed and approved by the City Traffic Engineer), additional on-site parking (not to exceed an additional 11 spaces for a total of 27 spaces) shall be provided in a manner approved by the City Traffic Engineer; and that a covenant shall be recorded in a form approved by the City Attorney's Office obligating the petitioner and any future assignees to provide such parking if a deficiency is found to exist. 2. That the appropriate fees due for primary, secondary and fire protection shall be paid to the Hater Utility Division by the Developer in accordance with Rules 1SA and 20 of the Water Utility Rates, Rules and Regulations. 5. That Stadium Area water facilities fees and/or advances to the Hater Utility Division must be paid in accordance with Rule lSD of the Hater Utility Rates, Rules and Regulations. 4. That within a period of ninety (90) days from the date of this resolution, the owner(s) of subject property shall execute and record a covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 85-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall render this conditional use permit null and void. 5. That pursuant to Chapter 17.30 of Title 17 of the Anaheim Municipal Codes, a development fee shall be paid to the City of Anaheim in an amount as determined by the City Council. Said fee is applicable wherein a change to a more intensive use has been determined. 6. That 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 determined by the City Council. 7. That plans shall be submitted to and approved by the Anaheim Fire Department for compliance with ail applicable Fire Codes. 8. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 9. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 10. That no outdoor storage of or work on vehicles or vehicular parts shall be permitted. -3- 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 12. That within a period of ninety (90) days of this resolution, Condition Nos. 2, 3, 4, 5, 6, 7, 8 and 11, above-mentioned, shall be complied with. 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 o£ 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 30th day of June, 1987. MAYOR OF THE CITY OF ANAHEIM ATTEST:~ ~/k.~-4 dr_'" ?' '~-) '~" , ~/ ~.~_r.._ _..~ i~ CITY CLERK OF THE CITY OF ANAHEI~I.- BG:fm 1981L 082587 -4- CLERJ< 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. 87R-270 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of June, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-270 on the 30th day of June, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of June, 1987. CITY CLERK OF TRE 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. 87R-270 duly passed and adopted by the Anaheim City Council on June 30, 1987.