PC 85-222RESOLUTION tJO. PC85-222
A RESOLUTION QF THE ANAtIEIPI CITY PLANNING CON,MISSION
THAi PETITION FOR CONDITZONAL USE PERMiT NO. 2716 BE GRANTED
WH~REAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from CITY 0~ At~AFIEIM, 200 South Anaheim
aoulevard, Anaheim, California 92805, ownec, and J. R. H. INC.r 5101
IndeYendence Boulevard, Charlotte, North Carolina 28212 AND TALLAS MARGRAVE,
6503 Serrano Avenue, Anaheim, California 928U7, agent for certain real
property situa*_ed in the City of Anaheim, County of Orange, State of
Californ~a, desccibed as:
BEING A SUBDIVISION OF A POR:ION OC• SECOND AND THIRD CI.ASS LANDS
ALLUTTED TO JESUS WILSON DE SHORB AND R. G. DE LA RIVA~ 8Y
DECREE OF PARTITION RENUERED FEBRUART 3~ 1874, IN THE DISTRICT
COURT OF TtIE STATE OE CALIFORNIA, IN AND FOR THE COUNTY OF LOS
ANGELES, IN CASE N0. 1978, AND SHOWN ON A MAP FILED IN SAZD
CASE~ A CERTIFIED COYY OF WHICH DECREE WAS RECORDED FEBRUARY 4~
1874 I[~ BOOK 28 PAGE 158 OF DEEDS~ RECORDS OF' LOS ANGELES
COUNTY~ CALZFORNIA, T.YING WITHIN TENTATIVE PARCEL MAP N0. 85-159.
4:iEREAS, the City Planning Commission did hold a public heairing at
the Civic Center in the City of Anaheim un Octobec 14, 1985, at 1:3A p.m.,
r.otice of said public h2ariny having been duly given as required by law and in
accordance with the provisions oY the Anat~eim Municipal Code, Chapter 18.03,
to hear and con~ider evidence for aed against said proposed conditional use
pertnik and to investigate and make findings and :ecommendations in connection
the[ewirh; and
WHEREAS, said Commission, after ~ue inspection, investigation and
sL-udy made by itself and in its behalf, and after due consideration of all
evidence anu reports of.fered at said hearing, does find and determine the
following facts:
1. 'iitac ::ue ~+[u~.uocu u~c is ~CUt.i:cl~ or~ £cr ~hi~h ~ Ccnditio.^. _ u~c
permit is authori2td by Anaheim Ff~nicipal Cude Sections 18.44.050.060 and
18.84.061 to wit: to permit a new and used automobile sales facility (Canyon
Honda) with waiver of the following:
SEC7IONS 18.U4.U43.101 - 6laxirt~um fence h2ight.
18.44.064.03Q (36 inch-high wall or fence in front setback
AND 18.44.068.~21 area adjacent to Weir Canyon Road, and a
6-foot high fence o[ wall adjacent to northerly
property line permitted; 8-foot high masonry
block wall proposed)
2. That the requested waivec is hereby granted on the basis that there
ace special circumstances applicable to the property such as size, shape,
topo9raphy, location and surroundings whict~ do not apply to other identically
zoned property in the same vicznity; and that strict application of the 2oning
Code deprives the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity.
0628r PC85-222
3. That the proposed u~e will not adversely affect the adjoining
land uses and the growth and development of ttie area in which it is proposed
to be located.
4. That the size and shape of the site proposed for the use is
adequate to aZlow the full development oE the proposed use in a manner not
detrimental to the parti.cular area nor to the peace, health, safety and
general welfare of the Citizens oL the City oE Anaheim.
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and aeneral welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by thc proposed use will not impose an
undue burden upon the sLCeets and higi~ways designed and improved to carry the
tcaffic in the area.
7. That no orle indicated their p~esence at said public hearing in
oppositi~~n; and that no coccespondence was received in opposition to the
subject petition.
ENVIROtaF1ED~TAL IDIPACT FINDING: Environmental Iiapact Report No. 258
was prpviously certified by the City Council on December 14, 1982, in
conjunction with General Plan Amendment No. 178.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions wnici~ are hereby Eound tu be a necessacy p.e[equisite
to the proposed use of the subject pcoperty in ordec to preserve the safety
and general welfare of the Citizens of the Cit~ of Anaheim:
1. That subject property shall be served by underground utilities.
2. That fire spcinklers shall be installed as requiced by the City Fire
Marshall.
3. That the o•aner of subject property shall pay to the City of Anaheim a
~::c: E.:c strect ligr~ir.g .,~c.g L~ °~,:~c R•.cr.::c ,:a~ :~efr C~r.for. .F.oad 'zr.
an amount as determined by the City Council.
4. That prior to issuance of. a building permit, the appropriate traffic
signal assessment fee shall be patd tc the City of Anaheim in an
amount as determin2d by the City Council foc new commercial buildings.
5. That all driveways shall be constructed to accommodate ten (10) foot
radius curb ceturns as reguired by the C3.ty Traffic Engineer.
6. That drainage of subject propecty shall be disposed of in a manner
sati~factocy to the City Engineer. If, in the preparation of the
site, sufficient grading is required to necessitate a grading permit,
no work on grading will be permitted between October 15th and April
15th unless all required off-site drainage facilitie.s have been
installed and are operative. Positive assurance shall be provided to
the City that such drainage facilities will be completed prior to
October 15th. N~cessary right-of-way for off-site drainage
-2- PC85-222
facilities shall be dedicated to the city, or the City Council shall
have initiated condemnation proceedings therefor (the costs of which
shall be borne by the developer) prio[ to the commencement of rrading
operations. The required drainage faci?ities shall be of a size and
type sufficient te carry runoff r~aters or;ginating from higher
properties through subject property to uitimate disposal as approved
by the City Engineer. Said drainage facilities shall be the fi.rsr_
item oL construction and shall be completed and b= functional
throuyhout the tract and from the downstrearo boundary of khe property
to the ultimate point of disposal prior to the issuance of any final
building inspections or occupancy permits. Drainage ~istrict
reimbursement agreements may be made available to the developera of
said property upon theic reouest,
7. That in the event subject pcoperty is to be divided for the purpose
of sale, lease, or Einancino, a parcel map to record the approve~
Givision of subject property shall be submitted to and approved by
the City of Anaheim and then be recorded in the Office of the Orange
County Recordec.
8. That prior to commencement of structural framing, Eire hydranrs shall
be installed and charyed as required and determined to be necer,sary
by the ChieE of tt,e Fire Depa:tment.
9. ?hat trash stocage area~ shall be pcovided and naintained in
accordance with apprcved plans on file with the Street. Maintenance
and Sanitation Division.
lU. That any proposed parKing area lighting fixtures shall be
down-lighted with a maximum height of 20 feet. Said lighting
fixtuce~ shall he directed away from and shielded fran adjacent
property lines.
11. That, as specified in Anahein Ftunicipal Code Section No.
18.84.062.032, no roof-mounteci equipment, what~oever, shall be
permitted.
~'' Th~`- ~~~4=~~, ~~~~~u~iw~, ana a11 other construction activities shall
be conducted ir, such a manner so as to minimize the possibility of
any silt originating from this project being carried into the Santa
Ana River by storm wa~ec originating from or flowing through this
project.
13. ~rhat all engineering requirements of the City of Anaheim along Wefr
Canyon Road and La Palma Avenue, including preparation of improvement
plans and installation of all improvements such as curbs and gutterc,
sidewalks, water facilities, street grading and pavement, sewet and
drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer ancl in accordance ~rith
specifications on file in the Office of the City Engineer; and that
security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted wil-h tt~e City to guarantee the satisEactory
completion of said improvements. Said security shall be posted with
the City prior to issuance of building permits, to guarantee the
installation of the above-:aSuired improvements prior to occupancy.
-3- PC85-222
14. That prior to issuan~e of a building permit, the owner of subject
property shall pay the appropriate drainage assessment fees to the
City of Anahei~ in an amcsnt as determi~ed by the City Engineer.
15. 2hat prior to issuance of a building permit for Phase II, i:inal
specific plans for Phase iI shall be submitted to and approved by the
Planning Commission.
16. That subject property shall be d~veloped substantially in accordan~e
with plans and specifications on file with tne City of Anaheim marked
Exhibit tJOS. 1 through 5.
17. That prior to the comme~~cement of the activity authorized under this
resolution, or within a period of one yeac from the date of this
resoiution, whichever occurs first, Condition Nos. 3, 4, 13, 14 and
15, above-nentioned, shall be complied with. Extensions for further
time to complete said conditions may te granted in accordance with
Section 18.03.090 of the Anaheim t~funicipal Code.
18. That prior to final building and zoning inspections, Cor.dition T~os.
1. Z. 5, 6, 9, 10, 11, 13 and 16, above-mentioned, shall be complied
with.
BE ZT EURTHER RESOLVED that the Anaheim City Planning Cort.mission does
heceby find and determine that adoption of this Resol~tion is exYressly
predzcated upon applicant's compliance with each and all of the conditions
hereinabove set foCth. Should any such conditions, ot an~. part thereof, be
aeclared invalid or uneniorceable by the final judgment of any court of
competen~ jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THt FOREGGING RESOLUTIUN is signed ~nd approved by me this 14th day
of Uctober, 19II5.
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r i ~ i ~ n ~"Y . ' ~CLC-L-L
CHAIRWOMAN, ANAHEIP~PLANNING COMMISSIOK
niii:Si.
/S~-c.~/i ~l~ ~(1'~ w ~~
SE;CRETAR ~ ANAFIEIFI CITY PLAN JING COMt3ISSI0N
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STAT.E OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby ce~tify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held an October
14, 1985, by the following vote of the member~ thereof:
AYES: CON1MI.r,SIUNERS: FRY, LA CLAIRE~ LAWICKI~ MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COhIMISSIONERS: BOUAS, HERBST~ h1C BURNEY
IN WI'PNESS WNEREOF, I have hereunto set my hand this 14t:h day of
October, 19t35. ,~ _ ~ ,
SECRETA Y~ ANAHEI~I CITY PLANNING COMMISSION
_5_ ?C85-222
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