Loading...
86R-425 RESOLUTION NO. 86R-425 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2802. 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 MUNKYO CHO AND HYON SUN CHO, 806 North Brookhurst Street, Anaheim, California 92801, owners, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 248.38 FEET OF THE WEST 404.85 FEET OF THE NORTH 15 ACRES OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST RANCHO LOS COYOTES, RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 24, 1955 IN BOOK 3006 PAGE 303, OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED FOR RECORD IN BOOK 26, PAGE 38 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC86-207 granting in part Conditional Use Permit No. 2802: 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 l8.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: l. 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. 2802 be, and the same is hereby, granted permitting retention of an auto towing, impound and repair facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- SECTIONS l8.6l.063.0l0 AND 18.61.063.011 SECTIONS l8.06.050.0ll 18.06.050.0123 18.06.050.0212 18.06.050.0222 l8.06.050.03l 18.06.050.033 18.06.080 AND 18.61.066.050 Minimum structural setback and minimum yard. (50-foot structural setback with 10- foot wide landscaped strip adjacent to Brookhurst Street required; 28-foot to 65-foot structural setback with 5-foot wide landscaped strip existing) Minimum number and type of parking spaces. (117 park- ing spaces [115 open plus a two-car garage] required and tandem spaces permitted in residential zones only; 31 open spaces, 16 tandem spaces and a two-car garage proposed) subject to the following conditions: l. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Brookhurst Street in an amount as determined by the City Council. 2. That the owner shall request approval by the City of Anaheim for an encroachment permit for the landscape planter in the public street right-of-way. 3. That all tow trucks shall be parked in the rear of the lot at all times. 4. That all wrecked and/or inoperable vehicles shall be parked or stored in the rear of the lot at all times. 5. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 6. That subject property shall be landscaped with trees and or shrubs or other plant materials and shall be permanently maintained. 7. That the automobile storage area shall be site screened to conform with Zoning Code Section 18.61.068.030 and that the gates to the rear storage area shall be kept closed at all times. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1; provided however, that a barrier shall be installed along the south property line from the west property line east for a distance of approximately seventy (70) feet to prevent vehicular access between the subject property and the adjacent parcel to the south. -3- 9. 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 No.1, 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. 10. That Code Enforcement staff review to take place in six (6) months with report to Council as to whether or not the requirements have been met. ll. That prior to final building and zoning inspections, Condition Nos. 2, 5, 6, 7 and 8, above-mentioned, shall be complied with. 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 23rd day of September, 1986. ANAHEIM ATTE;>/c4-(0 7{~ CITY ct~ OF THE CITY OF ANAHEIM BG:fm l633L -4- "'.,-,"'...,p-._._"_'"'-""'_..,"-'...._.,~_"..,<,..~_,__..,___.,.,,..-_.,....""-~ CLERK STATE OF CALIFO~~IA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-425 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd 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 M~D I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-425 on the 23rd day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of September, 1986. '.. /71~ )~q /C CITY CLERK OF THE CITY OF ANAHE M (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-425 duly passed and adopted by the Anaheim City Council on September 23, 1986. ,c /71 ~ ~' /( ll~.~~~ CITY CLERK OF THE CITY OF ANAHEIM