84R-395
r
-
RESOLUTION NO. 84R-395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIMfGRANTING CONDITIONAL USE PERMIT
NO. 2604.
,~
WHEREAS, the City Planning Commission of the City of
Anaheim did receive ~ application for a conditional use permit
with a waiver of cer!t:ain provisions of the Anaheim Municipal Code
from ROBERT W. WHITE! and JANET M. WHITE, owners, to permit an
automobile repair an~ towing facility upon certain real property
located within the Clity of Anaheim, County of Orange, State of
California, legally ~escribed as:
THE SOUTH 248.38 FEET OF THE WEST 404.85 FEET OF THE
NORTH 15 ACRES PF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUAR~R OF SECTION 8, TOWNSHIP 4 SOUTH,
RANGE 10 WEST I~ THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, COUN~OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, IN THE OFPICE OF TaE COUNTY RECORDER OF SAID
COUNTY.
EXCEPT THAT P01. ..ION THEREOF DESCRIBED IN THE DEED TO
THE STATE OF C IFORNIA RECORDED MARCH 24, 1955 IN
BOOK 3006, PAG .' 303 OF OFFICIAL RECORDS: and
WHEREAS, ~e City Planning Commission did hold a public
hearing upon said a~lication at the City Hall in the City of
Anaheim, notices of ~hich public hearing were duly given as
required by law and 'the provisions of Title 18, Chapter 18.03 of
the Anaheim Municip~l Code: and
WHEREAS, $aid Commission, after due inspection,
investigation and s~udies made by itself and in its behalf and
after due considera~ion of all evidence and reports offered at
said hearing, did a~pt its Resolution No. PC84-l6l granting
Conditional Use Per.it No. 2604: and
WHEREAS, ~ereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review o~ said Planning Commission action at a duly
noticed public hear~ng: and
WHEREAS, ~t the time and place fixed for said public
""........ hearing, the City CQuncil did duly hold and conduct such hearing
and did give all pe~8ons interested therein an opportunity to be
heard and did recei~e evidence and reports: and
WHEREAS, the City Council finds, after careful consi-
deration of the recQrnmendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
,I"'"
-.
I. The propos~d use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
...............
I
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_I to the particular area nor to the peace,
health, safety and g.neral welfare.
4. The traffi~ 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 will not be detrimental to the peace, health,
safety and general w'lfare of the citizens of the City of Anaheim.
WHEREAS, t~e City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requitements, other than the proposed waiver of
off-street parking r.quirements, as follows:
I. That there are special circumstances applicable to the
property, including ,ize, shape, topography, location or
surroundings, which ao not apply to other property under
identical zoning cla.sification in the vicinity: and
2. That, becaFse of special circumstances shown in (1)
above, strict applic~tion of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classificatio~ in the vicinity: and
WHEREAS, t~e City Council does further find and
determine with regar. to the proposed waiver of certain
off-street parking requirements that:
1. The varian~e 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 under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of tbe citizens of the City of Anaheim.
.,.-..,
NOW, THEREfORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission granting .aid conditional use permit be, and the same
is hereby, affirmed and that Conditional Use Permit No. 2604 be,
and the same is hereby, granted permitting an automobile repair
and towing facility on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
-2-
("'"
.-..
(a) SECTIONS 18.6l. 63.010, - Minimum landscaped setback.
18.6l. 3.011 (IO feet required: ~ existing or
AND l8.61. 3.040 proposed)
(b) SECTIONS 18.06. 50.0222 - Minimum number of parking spaces.
,.............. AND 18.61. 66.050 (74 spaces required: 24 spaces
proposed)
subject to the follo~ing conditions:
I. That sidew.lks shall be installed along Brookhurst
Street as required by the City Engineer and in
accordance with standard plans and specifications on
file in th. Office of the City Engineer.
2. That all dtiveways shall be redesigned to accommodate
ten (10) f~bt radius curb returns as required by the
City Traffic Engineer.
3. That trash storage areas shall be provided in
accordance with approved plans on file with the Street
Maintenanc. and Sanitation Division.
4. That the o~ner of subject property shall pay to the
City of An.heim a fee for street lighting along
Brookhurst' Street in an amount as determined by the
City Council.
5.
That appropriate water assessment fees shall be paid to
the City o~ Anaheim, in an amount as determined by the
Office of the Utilities General Manager.
6.
That fire ~ydrants shall be installed and charged as
required a~d determined to be necessary by the Chief of
the Fire D.partment.
7. That in conformance with Zoning Code Section 18.61.030,
the existi~9 single-family residence shall only be
occupied by the caretaker of subject automotive
facility and the caretaker's family.
8. That a final Parking and Automobile Storage Area Plan
shall be reviewed and approved by the City Traffic
Engineer.
",.-,,\
9.
That the e~isting two (2) central driveways shall be
removed an~ replaced with a standard curb, gutter and
sidewalk and the existing most northerly driveway shall
be relocat~d southerly to the satisfaction of the City
Traffic Engineer.
lOa That there Shall be no outdoor storage or work on any
vehicle or vehicle parts with the exception of storage
only within the proposed screened outdoor vehicle
waiting area.
-3-
,....
--.
II. That the Pt'oposal shall comply with all signing
requirements of the ML Zone unless a variance allowing
waivers is approved by the Planning Commission or City
Council.
,,.-,,,
12. That subje~t property shall be developed substantially
in accordatce with plans and specifications on file
wi th the C'ty of Anaheim marked Ex,hibi t No.1:
provided,.p\liever, . .1:hat four (4) feet of landscaping
shall be ~~~alled _djacent to the east side of the
sidewalk f~r approximately 250 feet along Brookhurst
Street: th.t the northwest corner of subject property
proposed a$ lawn area and all proposed planter areas
shall be l.ndscaped and perpetually maintained with
proper lan!SCaPing and i.r. rigation. Said landscaping
shall be a proved by the Planning Department prior to
installati n. Any realignment of driveways to
Brookhurst Street must be approved by the City Traffic
Engineer.
13. That Condition Nos. I, 2, 3, 4, 5, 6, 8, 9 and 12,
above-mentioned, shall be completed within a period of
90 days fr~m the date of this resolution or prior to
commencemeft of the activity authorized under this
resolution. whichever occurs first.
BE IT FURT8ER RESOLVED that the City Council does
hereby find and detetmine that adoption of this Resolution is
expressly predicated upon applicant's compliance ,with each and
all of the c6n4ition. hereinabove set forth. Sho~ld any such,
condi tio'ns; or any Ptrt thereof, be declared invalid or
unenforceable by tbefinal judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be ceemed null and void.
- ,THE.FOREOO~NG RESOLUTION is approved and adopted by the
City Council of the tity of Anaheim this 2nd da~l9B4.
A CITY 0 ANAHEIM
/...-..,
ATTEST:
~ '/z~
CI'rY CL RK OF '!*HE CIty OF ANAHEIM
1702U
11/01/84
-4-
.-.
........
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. i
CITY Of' AJfAHEIM )
,
I, LEONORA N. SOHL, City Cl)rk of the City of Anaheim, do hereby certify that
the f.-ego.ing Resolution No ,84R-395 was introduced. and adoPt.. ed at a regular
meetiag provided by law, of the City Council of th~ City of Anaheim held on
the 2J1d day of October, 198, by the following vote of the members thereof:
I
COUNCIL MEMBERS 1 Kaywood, !~:p ::o.v_..t~l' and Roth
COUNCIL MEMBERS 1 None
COUNCIL MEMBERS~ Pickler
I
AND I FURTHER c~tify that ~e Mayor of the City of. Anaheim signed said
Resol"tion No. 84R-395 on tr 2nd day of October, 1984.
IN WI'lNESS WHEREOF, I have iereunto set my hand and affixed t4e seal of the
City of Anaheim this 2nd dat of October, 1984.
)
AYES:
NOBS:
ABSEN'l :
~ 1t~
CITY _dF THE CrT 0 ANAHEIM
(SEAL)
. * ..,
I, LEGNQRA N. SOHL~ Ci~y Cl Tk of the City of Anahei., do'~by;certify that
the fo.regoing i. the oriS:1. ~ of Resolution No. 84t-3t. s,\mry .pa"..ed~ and
adopted by the Anaheim City Council on October 2, ltft4. \..'
~ '.
. . a.'> .. c--: .#C.. . ".
.4... /( ~
CITY.C . .. . ,\.-.
I