Loading...
87-527 RESOLUTION NO. 87R-527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2956. 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 LINCOLN PROPERTY LTD., 19742 MacArthur Blvd., #240, Irvine, CA 92715, owner, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: COMMENCING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, 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 SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, OF SAID ORANGE COUNTY, 425 FEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER RUNNING THENCE SOUTH ON SAID WEST LINE 268 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER 315 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER 693 FEET; THENCE WEST ON THE NORTH LINE OF SAID NORTHEAST QUARTER 212.50 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER 425 FEET; THENCE WEST 102.50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTH 66 FEET THEREOF; 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. PC87-228 granted Conditional Use Permit No. 2956; 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 ~ ~ T" 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: I. 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, the action of the City Planning Commission granted said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2956 be, and the same is hereby, -2- ~ '. T~ granted permitting an automobile service and commercial center in conjunction with existing office/structure on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (A ) (B) (C) SECTIONS 18.06.050.0212 - 18.06.050.022 18.06.050.0222 AND 18.44.066.050 Minimum number of parking spaces. (758 requIred; 260 proposed) SECTION l8.44.062.0Il - Maximum building height. (0 feet permItted; 20 feet proposed) SECTION 18.44.063.040 - Minimum structural setback. CIO feet requIred adjacent to resIdential zone boundaries; 0 feet proposed) subject to the following conditions: 6. 7 . ~ 1. 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 determined by the City Council. 2 . That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 3 . That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4 . That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. r- :) . That subject property shall be served by underground utilities. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. -3- '. 'Y' 8 . 9. 10. 11. 12. 13. 14. 15 . 16. 17. " That prior to rendering of water service, the appropriate fees due for primary, secondary and fire protection shall be paid to the Water Utility Division by the owner/developer in accordance with Rules l5A and 20 of the Water Utility Rates, Rules and Regulations. That in the event a parcel map is recorded on subject property, a reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. That a reciprocal access agreement in a form satisfactory to the City Attorney, between subject property and property to the east (currently developed with the Kettle Restaurant), shall be recorded with the Office of the Orange County Recorder. 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 CL Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Ædministrator. That a six (6)-foot high masonry block wall shall be constructed and maintained along the south and southerly 268 feet of the westerly property lines. That any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. That no outdoor storage of or work on vehicles or vehicular parts shall be permitted. That this Conditional Use Permit is granted subject to the adoption of the Zoning Ordinance in connection with Reclassification No. 87-88-22, now pending. 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 4. -4- '.... .... " 19. 20. 21. 22 . ~ 18 . That in the event the City Traffic Engineer determines that the existing raised median in Lincoln Avenue should be extended in front of subject property, the owner/developer of subject property shall provide said extension at no cost to the City. That prior to the commencement of the activity authorized by this resolution, Condition Nos. 1, 10 and 16, 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 prior to final building and zoning inspections, Condition Nos. 2, 3, 5, 7, 11, 13, 14, 17 and 18, above-mentioned, shall be complied with. a. That the automobile service uses shall be limited to the following businesses: (1) ( 2 ) ( 3 ) (4 ) ( 5 ) ( 6 ) ( 7 ) ( 8 ) (9 ) 00 ) (II) (12 ) b. Sale of tires, batteries and automobile-related accessories, Mounting and dismounting of tires, Oil changing and lubrication, Smog checks and emission servicing, Automobile detailing, Automobile upholstery, sheepskin covers, etc., Automobile alarms and security, Car stereos/cellular phones, Tune-ups, Window tinting, Automobile glass, Servicing of such items as fuel pumps, U-joints, ball joints, shock absorbers, mufflers, exhaust pipes, engines, carburators, generators, starters, ignition systems, regulators, air conditioners, radiators, brakes, water pumps, transmissions and radios. That the following automotive-related uses shall be prohibited: body shops, on-site service of heavy trucks or mobile equipment such as cranes, construction equipment, etc. 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, requlation or requirement. -5- ". T 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 15th day of December, 1987. ~.~31.~ MAY R F THE Õ ANAHEIM ATTEST: /-~ /Î./ /Î // \1 \4" ~ II "" J , tJ....- /~ ~ CIT? ERK OF THE CITY OF ANAHEIM BG/jb 2l88L 123087 -6- '11 '. T CŒKh S1A1E OF CAI,IFORNIA COUNTY OF ORANGE CHY OF A1\1AHElIvj ) ) ) '3s. I, LEOiWKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that ttlf.ò f'oregoing Resolution No. 87R-527 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the L5tn day of December, 1987, by the following vote of the members thereof: AY¿S: COUNCIL MEi1BERS: Ehrle, Hunter and Bay NOES: COUNCIL MEMBERS: Kaywood and Pickler AbSENT: COUNCIL MEMBERS: None Al\JD 1 FURTHER certífy that the Mayor of the City of Anaheim signed said Resolution No. 87R-527 on the 15th day of December, 1987. IN WITNESS WHEKEOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of December, 1987. ')c ¿~ A-. /1 S-£f CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LLÛl\ÌOKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-527 duly passed and 'ldopted by the Anaheim City Council on December 15, 1987. xzZMf;{ C( )( S" 4._- CITY CLERK OF THE CITY OF ANAHEIM 11 ". 'T