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84R-471 r - RESOLUTION NO. 84R-471 A RESOLUTI~~ OF THE CITY COUNCIL OF THE CITY OF ANAHEIMi~RANTING CONDITIONAL USE PERMIT NO . 2628 . r-" WHEREAS, t~e City P~anning Commission of the City of Anaheim did receive ~r app1ic~tion for a conditional use permit with a waiver of cert~in provisions of the Anaheim Municipal Code from Barbara A. Koon~~ et a1., owners and CALIFORNIA REFRIGERATED SERVICE, Newport, to. permit a truck repair facility upon certain real property locate. within the City of Anaheim, County of Orange, State of California, legally aescribed as: ALL THAT PORTIotr OF VINEYARD LOT "B2" AS SHOWN ON A MAP OF ANAHEIM, RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORi"~ OF LOS. ANGELES COUNTY, CALIFORNIA, LYING EASTERLYf THE EA$TERLY LINE OF THAT CERTAIN STRIP OF LAND 6~00 FEET IN WIDTH DESCRIBED AND EXCEPTED IN THEipEED TO THE UNION PACIFIC RAILROAD COMPANY, A UTAH'CORPORAT!ON, RECORDED FEBRUARY 7, 1955 IN BOOK 2948, PAGE 207 OF OFFICIAL RECORDS: and WHEREAS, t~e City Planning Commission did hold a public hearing upon said ap~~ication at the City Hall in the City of Anaheim, notices of .hich public hearing were duly given as required by law and the provi$ions of Title 18, Chapter 18.03 of the Anaheim Municipal Code: and WHEREAS, s.~d Commission, after due inspection, investigation and st'~ies made by itself and in its behalf and after due considerat!on of all evidence and reports offered at said hearing, did adtpt its Resolution No. PC 84-215 granting Conditional Use Perm.t No. 2628: and WHEREAS, t.ereafter, within the time prescribed by law, an interested party ~r the City Council, on its own motion, caused the review of aaid Planning Commission action at a duly noticed public heari~9; and . --.., WHEREAS, at the time and place fixed for said public hearing, the City Co,ncil did duly hold and conduct such hearing and did give all per$ons interested therein an opportunity to be heard and did receive evidence and reports: and " WHEREAS, t~e City Council finds, after careful consi- deration of the reco*~endations of the City Planning Commission and all evidence and reports offered at said hearing, that: l I r-- .-" I. The propos~d use is properly one for which a conditional use permit is authori~ed by the Anaheim Municipal Code. ,,,.-...,,, 2. The propos~d use will not adversely affect the adjoin- ing land uses and th~ growth and development of the area in which it is proposed to be located. 3. The size a~d shape of the site proposed for the use is adequate to allow th~. full development of the proposed use in a manner not detriment.l 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 burd,n upon the streets and highways designed and improved to carry the traffic in the area. 5. The granti~g of the conditional use permit under the conditions imposed wJ1I not be detrimental to the peace, health, safety and general w~lfare of the citizens of the City of Anaheim. AND WHEREA~~ the City Council does further find, after careful consideratio~of the action of the City Planning Commission and all etidence and reports offered at said public hearing before the C!ty Council regarding said requested waiver(s), that all ~f the conditions set forth in Section 18.06.080 of the Ana.eim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: I. The varian~e(s) will not cause an increase in traffic congestion in the im*ediate vicinity nor adversely affect the adjoining land uses: and 2. The granti~g of the variance(s) under the conditions imposed will not be .~trimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREfPRE, 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 t~e same is hereby, affirmed and that Conditional Use Permit No. 2628 be, and the same is hereby, granted permitting a truck repair facility on the hereinabove described real propetty with a waiver of the following provisions of the Anaheim Municipal Code: .....-..,. SECTIONS 18.06. $0.0222, - Minimum number of parking spaces 18.06. 0.031 (149 spaces required: 18 spaces existing AND 18.61. 6.050 subject to the follo~ing conditions: -2- r .-... I. That curbs and gutters shall be repaired along Sycamore Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. ~, 2. That a tratific sign~l assessment fee equaling the difference between the industrial and commercial assessment fees shaJ..I be paid to the City of Anaheim in an amount as determ~ned by the City Council. 3. That the owper of sUbject property shall pay to the City of Anaheim a fee for street lighting along Sycamore Street and Wilhelmina Street in an amount as determined by the City Council. 4. That fire ~prinklers shall be installed as required by the City FJre Marshall. 5. That the dt~veway shall be redesigned to accommodate ten (10) foot r~dius curb returns as required by the City Traffic Eng~neer. 6. That all l~pkable pedestrian and vehicular access gates shall be eqpipped with a "knox box" device to the satisfactibh of the City Fire Marshall and City Chief of Police. 7. That trash storage areas shall be provided and maintained in accor~ance with approved plans on file with the Street Maintenance and Sanitation Division. 8. That the ptoposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivets is approved by the Planning Commission or City Council. 9. That there shall be no outdoor storage of or work vehicles ot vehicle parts. 10. That subje~t property shall be developed substantially in accorda~ce with plans and specifications on file with the City of Anaheim marked Exhibit Nos. land 2. i'''-''" ll. That Condition Nos. l, 2, 3, 4, 5, 6, 7 and lO, above-menti~ned shall be completed within a period of ninety (90) days from the date of this resolution. 12. That this ~ermit shall expire at the end of five (5) years, on December 4, 1989. -3- r~ ..-.. "......, BE IT FUR~ijER 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 hereinabQve set fQrth. Should any such conditions, or any part thereof, b..declare~ invalid or unenforceable by the final judgment of a~y court of competent jurisdiction, then this Resolution, and any approval$ herein contained, shall be deemed null and void. City THE FOREG~~NG RESOtUTION is approved and adopted by the Council of the~ity of Anaheim this 4th day of December, 1984. ~~~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~,,-"/lS+U-, CITY CLERK OF' THE ctTY OF AN!HEIM 2€)22U 12/1A/.S4 ~ " -4- l ~ ,--. ~ STArE OF CALIFORNIA ) COUJiTY OF ORANGE ) ss. CITY 01' AlWIEIM ) I, LEQlORA N. SOHL, City C1et~ of the City of ~heim, do hereby certify that the foregoing Resolution No.!f4R-471 was introduced and adopted at a regular meetina provided by law, of t~e City C~nc11 of the City of Anaheim held on the 4th day of December, 1984, by the following vote of the members thereof: ~ AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT' ! COUNCIL MEMBERS: t 1 None AND I PURTHER certify that t~. Mayor of the City of Anaheim si~d said Resolution No. 84R-471 on tht4th day of December, 1984. . IN WITNESS WHEREOF, I have h,reunto set my hand and affixed the seal of the City of Anaheim this 4th day"f December, 1984. ~e{ ~~ .. OF THE CITY dF d~tM (SEAL) I, LEOI~ N. SOHL, City c1eIt of the City of Anaheim, do hereby certify that the fOftgoil18 is 'theorigina 'of Resolution No. 84R-471 duly passed and adopt_ by the Aqaheim City C~unci1 on December 4, 1984. ~'i '/l~ CITY CLERK l