Loading...
86R-415 RESOLUTION NO. 86R-4l5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2833. 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 ERIC T. ERICKSON AND DOLORES Y. ERICKSON, P. O. Box 5130, Reno, Nevada 89513, owners, and RICHARD HEAR, 7415 Earldom Avenue, Playa del Rey, California 90293, agent, upon certain real property located within the City of Anaheim, County of Orange~ State of California, legally described as: THE EAST 172.00 FEET OF THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE LAND CONVEYED TO ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED MARCH 5, 1959 IN BOOK 4614, PAGE 493, OFFICIAL RECORDS; 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. PC86-2ll granting, in part, Conditional Use Permit No. 2833; 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 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 granting, in part said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2833 be, and the same is hereby, granted permitting an automotive service facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.44.063.040 Minimum landscaped setback. (lO-foot wide landscaped setback adjacent to a resi- dential zone boundary required; 5 to l2-foot wide landscaped setback adjacent to RM-1200 zoning proposed) -2- subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Orange Avenue and Western Avenue in an amount as determined by the City Council. 2. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That the proposal shall comply with all signing requirements of the Commercial, Limited Zone, unless a variance allowing sign waivers is approved by the Planning Commission or Ci ty Counc i 1. 4. That no outdoor storage of or work on vehicles or vehicular parts shall be permitted. PC86-2ll 5. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 579 to the Planning Department. 6. 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; provided, however, that mature 36-inch boxed trees shall be planted in the landscaped area along the west property line (RM-1200 Zoning). 7. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 5, 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. 8. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 2 and 6, above-mentioned, shall be complied with. 9. That no mechanical work such as tune-ups or engine overhauls which would create noise or fume pollution shall be permitted and the service-oriented use shall be limited to: a. Oil change service including checking all fluids and filters, b. Lubricating the chassis, c. Change fluids and filters for automatic transmissions, d. Change gear oils and e. Back flush radiators. 10. That all customers shall remain in their vehicles while said vehicle is being serviced. - 3- =-",,,--,,~,,,,,,,,_,-,""".., "-.~""-""'-,'"..,._"--~--_._""'.-, 11. That the business operating hours shall be: 8 a.m. to 8 p.m. - Monday through Friday 8 a.m. to 7 p.m. - Saturday 12 noon to 5 p.m. - Sunday 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 16th day of September, 1986. M~H~~~ ATTEST 3-0; CI~:2:~HEIM JWF:fm 5842M 101786 -4- "'-"'-'~'~'''''~~''-'-''-""1=' .........."'_.~.,._'.-"._..,.,___'""''''-______.._ CLEKiZ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-41S was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of September, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, 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. 86R-41S on the 16th day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of September, 1986. ~~/f~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1 LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-41S duly passed and adopted by the Anaheim City Council on September 16, 1986. ~~ '7(~ CITY CLERK