83R-453
RESOLUTION NO. 83R-453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2492.
WHEREAS, tne 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 WILLIAM VAN DEN HURK, owner, to permit an automotive repair
and leasing facility with a waiver of certain required off-street
parking spaces upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
PARCEL A:
PARCEL 9, CITY QF ANAHEIM, AS SHOWN ON A MAP FILED IN
BOOK 134, PAGES 40 AND 41 OF PARCEL MAPS, IN THE
OFFICE OF THE C~UNTY RECORDER OF ORANGE COUNTY.
PARCEL B:
A RECIPROCAL EASEMENT FOR DRIVEWAY AND DRAINAGE
PURPOSES OVER T~E SOUTH 13.00 FEET OF PARCEL 8 OF SAID
PARCEL MAP, EXCBPTING THE EAST 20.00 FEET THEREOF.
PARCEL C:
A RECIPROCAL EA~EMENT FOR DRIVEWAY AND DRAINAGE
PURPOSES OVER THE NORTH 13.00 FEET OF PARCEL 10 OF
SAID PARCEL MAP, EXCEPTING THE EAST 20.00 FEET
THEREOF; and
WHEREAS, tQe City Planning Commission did hold a public
hearing upon said app~ication 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. PC83-l70 granting
Conditional Use Permit No. 2492; 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 aGd shape of the site proposed for the use is
adequate to allow th~ 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 grantiqg 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, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2492 be, and the same is hereby,
granted permitting an automotive repair and leasing facility on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.022,
18.06.050.0222,
AND 18.61.066.050
Minimum number of parking
spaces. (27 spaces required
subject to the following conditions:
-2-
~-"'.,,,,~.-,---
.-,
1. 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.
2. That the o~ner of subject property shall submit a letter
requesting terminati~n of Conditional Use Permit No. 2094 to the
Planning Department.
3. That all a~tomobile repair and parts storage shall be
conducted wholly within the building.
4. 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.
5. That Condition Nos. 1 and 2, above-mentioned, shall be
completed within a period of sixty (60) days from the date of this
resolution.
6. That prior to final building and zoning inspections,
Condition No.4, above-mentioned, shall be complied with.
7. That this oonditional use permit and the authorization
granted herein shall terminate effective at midnight on January
31, 1984.
BE IT FURTaER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon appl~cant's compliance with each and all of the
conditions hereinabov1e set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforce~ble 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 22nd day of November,
1983. ~
MAYOR F THE t:?:~M
ATTEST:
~.J....I~
CITylCLERK OF THE T OF ANAHEIM
JLW: fm
1940M
1/12/84
-3-
_.....;_.~._...,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-453 was introduced and adopted at a regular
meeting provided by law, of ~he City Council of the City of Anaheim held on
the 22nd day of November, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-453 on the 22nd day of November, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of November, 1983.
~Ltc~~IM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-453 duly passed and
adopted by the Anaheim City Council on November 22, 1983.
~~
--....,