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84R-299 (" , ~, RESOLUTION NO. 84R-299 A RESOLUTI~N OF THE CITY COUNCIL OF THE CITY OF ANAHEIMjGRANTING CONDITIONAL USE PERMIT NO. 2525. r~' WHEREAS, t~e City Planning Commission of the City of Anaheim did receive .n applic.tion for a conditional use permit with a waiver of cert.~. in provisions of the Anaheim Municipal Code from HOLLY W. DAVIDS~N and WC$ INTERNATIONAL, owners, and ORANGE COUNTY STEEL/SALVAGEt INC. and GEORGE ADAMS, agents, to expand a resource recovery an~ recycling operation including an automobile dismantling business'with wholesale and retail sales of auto parts upon certain real pr~perty located within the City of Anaheim, County of Orange, St_te of California, legally described as: THOSE PORTIONS iF.. LOTS 11, 12, AND 13 INCLUSIVE OF IIORANGE GROVE A.RES NO. 211 AS SHOWN ON A MAP RECORDED IN BOOK 7 AT PA E 36 OF MISCELLANEOUS MAPS OF SAID ORANGE COUNTY, tYING SOUTH OF THE SOUTH LINE OF THE LAND CONVEYED ~ THE STATE OF CALIFORNIA BY DEED RECORDED MAY 24~ 1963 IN BOOK 6561, PAGE 239 OF OFFICIAL RECORD$. LOTS 31 AND 32 <l>F IIORANGE GROVE ACRES NO. 211 AS SHOWN ON A MAP RECORDt~ IN BOOK 7, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS ot ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREfROM THAT PORTION OF SAID LOTS CONVEYED TO THE COUNTY ot ORANGE BY DEED RECORDED AUGUST 23, 1922 IN BOOK 43~, PAGE 202 OF DEEDS. THAT PORTION OF THE NORTH[ HALF OF POMELO DRIVE, AS SHOWN ON THE MA' OF IIORAIIGE GROVE ACRES NO. 211, RECORDED IN BOOi7, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF ORAN.~,.. COUNTY,. CALIFORNIA, ADJOINING LOTS 11, 12, AND 13F SAID ORANGE GROVE ACRES NO.2, ON THE SOUTH AND T T PORTION OF THE SOUTH HALF OF SAID POMELO DRIVE AD OINING LOTS 31 AND 32 OF SAID ORANGE GROVE ACRES NO. '2 ON THE NORTH, ABANDONED AND VACATED BY RESOLUTION or THE BOARD OF SUPERVISORS OF ORANGE COUNTY ON MARCH 29, 1930, A CERTIFIED COPY OF WHICH WAS RECORDED MAtCH 31, 1930 IN BOOK 972, PAGE 164 OF OFFICIAL RECORDS. ~, LOTS 14 AND 15 $F ORANGE GROVE ACRES NO. 2 AS SHOWN ON A MAP RECORDED tN BOOK 7, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFftCE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFOR$IA, TOGETHER WITH THAT PORTION OF POMELO DRIVE, ~~OINING, VACATED BY ORDER OF THE BOARD OF SUPERVISORS ~r ORANGE COUNTY, A COPY OF WHICH WAS RECORDED MARCH 31, 1938, IN BOOK 932, PAGE 164 OF OFFICIAL RECORD$. I I r~' '1 "..........,., EXCEPTING THERE,ROM THAT PORTION DESCRIBED IN DEED OF THE STATE OF CAJ,.,IFORNIA RECORDED ON FEBRUARY 24, 1956 IN BOOK 3410, P~E 124 AND DEED TO THE STATE OF CALIFORNIA RECO~ED ON APRIL 17, 1964, IN BOOK 7008, PAGE 52, BOTH OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; and WHEREAS, tpe City Planning Commission did hold a public hearing upon said aPt'~ication at the City Hall in the City of Anaheim, notices of . hich public hearing were duly given as required by law and ~he provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, s~id 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 ad~pt its Resolution No. PC84-l06 granting Conditional Use perm!t No. 2525; and WHEREAS, thereafter, within the time prescribed by law, an interested party ~r the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public heari~g; 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, the 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: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The propos.d 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 a.a 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 g.neral welfare. .-"" 4. The traffi~ generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry th~ traffic in the area. 5. The granti~, 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. -2- L "! r' ~ I ~ AND WHEREA~, the City Council does further find, after careful consideration of the action of the City Planning Commission and all e~idence 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 varianpe(s} will not cause an increase in traffic congestion in the im~ediate vicinity nor adversely affect the adjoining land uses; and 2. The grantipg of the variance(s} under the conditions imposed will not be ~etrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THERErpRE, 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 Perm~t No. 2525 be, and the same is hereby, granted permitting e~pansion of a resource recovery and recycling operation including ~n automobile dismantling business with wholesale and retail, sales of auto parts on the hereinabove described real prope~ty with a waiver of the following provisions of the Anaheim Munic~pal Code: SECTIONS l8.06.p30 AND 18.61.066.030 Required improvement of parking areas. (Full pav- ing required; gravel and oil proposed subject to the follo~ing conditions: 1. That this ponditional use permit is granted subject to the completion of Re~1assification No. 83-84-15, now pending. 2. That trash, stoeage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That drain~ge of subject property shall be disposed of in a manner satisfactory to the City Engineer. ,.-..." 4. That the p~oposal shall comply with all signing requirements of the ~L Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 5. That subjept property shall be developed substantially in accordance with p~ans and specifications on file with the City of Anaheim marked Ex~ibit No.1 (Plan A): provided, however, that subject property maybe developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 2 (Plan B) upon a finding by the City Attorney's Office that the petitioner has submitted adequate proof for vehicular access and parking rights on abandoned Newkirk Road. -3- .'-' ~ ~ 6. That all outdoor storage areas, except as otherwise approved in connection with Conditional Use Permit No. 1703, shall be enclosed with chadn link fencing interwoven with redwood or cedar slats, solid ~sonry block walls and/or an earthen berm or any combination ther~f; the height of said enclosure to fully screen said outdoor ~torage. 7. That the o~er/petitioner shall pay the cost (approximately $3,33~.00) of installing a barricade, rumble strips and signs in Fronter~ Street to control traffic access. 8. That Condi~ion Nos. 1, 2, 3, 5, 6 and 7, above- mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 9. That this conditional use permit shall be effective only upon the approval oft 'the use by the Anaheim Redevelopment Agency. 10. That no oujt!door sto'rage shall project above the enclosure fencing. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated uponappl!i,cant's cPlnpliance with each and all of the conditions hereinaboMe set forth. Should any such conditions, or any part thereof, be: declared invalid or unenforceable by the final judgment of anv court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FORE~G RESOLUTION is approved City Council of the ~ity of Anaheim this 31st by the 1984. AL~ '/tsdL CrTY CLERK OF THEC~ OF ANAHEIM JLW: fm 3032M 9/10/84 .~.. -4- L J (' ~ STATEQF ~FORNIA ) COUNTY OF ORANGE ) ss. CITY Of AliAHEIM ) I ' I, LEo,ORA N. SOHL, City Cl~' of the Gity of ~im, do hereby certify that the foregoing Resolution No. 84R-299 was introduced and adopted at a.' regular meeti. provided by law, of · e Ci ty Council of the Ci ty of Anaheim held on the 31st day of July, 1984, . the following vote of the members thereof: AYES: COUNCIL MEMBERs:1 f Xaywood, Bay, Overholt, Pickler and Roth I NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None i AND I FURTHER certify that ~ Mayor of the City of Anah.' eim signed said Reso1e'tioll. No. 84R-299 on ~ 31st day of July, 1984. ! IN WI'lWESS WHEREOF, I have ~eunto se~my hand and aff~xed the sea~ of City of ADaheim this 31st ~ of July, 1984. the ..~~~ dITY CLlJuc QF THE CITY, OF ANAHEIM ( SML) I, LEON. ORA N.. SOHL.., City C~.,.....k of the City of Anaheim, do hereby certify th.at the fcego1na i8, the oriai .. of Resolution No. 84R-~9 duly passed and adopt~ by t_ .Anaheill City.(]ounci1 on July 31, 1984. . ; ! . ~<L~ CITY CLERK ,.".. .... / ) f