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86R-121 RESOLUTION NO. 86R-12l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2762. 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 DON V. EDMUNDS AND GARNET A. EDMUNDS, 18682 South Mesa Drive, Villa Park, California 92667, owners, and KEN MAAS, 2691 East Taft Avenue, Anaheim, California 92806, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: BEGINNING AT A POINT IN THE CENTERLINE OF EATON WAY, 40.00 FEET WIDE, AS DESCRIBED IN DEED RECORDED IN BOOK 852, PAGE 82 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ALONG SAID CENTER LINE, SOUTH 000 28' 07" WEST 420.59 FEET FROM THE CENTERLINE OF BALL ROAD, 60.00 FEET WIDE, AS DESCRIBED IN SAID DEED; SAID POINT ALSO BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET, IN PARCEL 3A OF THE FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. l4S6S4, A CERTIFIED COpy OF WHICH WAS RECORDED MARCH 23, 1967 IN BOOK 8206, PAGE 807 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY ALONG SAID ALONG SAID CURVE FROM A TANGENT WHICH BEARS SOUTH 560 59' 23" WEST, THROUGH A CENTRAL ANGLE OF 350 S3' S8", AN ARC DISTANCE OF 626.56 FEET TO THE CENTERLINE OF TAFT VALUE, 40.00 FEET WIDE, AS DESCRIBED IN SAID DEED; THENCE EASTERLY AND NORTHERLY ALONG SAID CENTERLINE OF TAFT AVENUE AND EATON WAY TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED AS PARCEL 3B AND PARCEL 3C IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 145654, A CERTIFIED COpy OF WHICH WAS RECORDED MARCH 23, 1967 IN BOOK 8206, PAGE 807 OF SAID 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. PC86-39 granting Conditional Use Permit No. 2762; 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 said conditional -2- use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2762 be, and the same is hereby, granted permitting a concrete breaking and removal operation with outdoor storage on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.61.068.030 Required enclosure of outdoor uses. (6 foot high block wall or slatted chain link fence enclosing outdoor storage area re- quired; 6 foot high unslatted chain link fence existing) subject to the following conditions: 1. That all engineering requirements of the City of Anaheim along Taft Avenue, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer. 2. That street lighting facilities along Taft Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager. 3. That the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for outdoor uses. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. S. That the property owner shall provide and maintain a minimum six (6) foot high wood-slatted chainlink fence along the east property line. 6. That Conditions 1, 3 and S be met before September 2S, 1986. If by that date those conditions are not met, the permit shall expire unless the applicant has sought an extension of time or modification of conditions from the City Council. 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. -3- THE FOREGOING the City Council of the 1986. RESOLUTION is approved and adopted by City of Anaheim this 2Sth day of March, "- QJ~dh MAYOR OF THE CITY OF ANAHEIM PRO TEM ATTEST~.. . ~. ~ /l~- CIT L R ~ THE CITY OF ANAHEIM JWF : fm 53l9M 060386 -4- CLERK STATE OF CALIFORNIA ) 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-12l was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of March, 1986, by the following vote of the members thereof: AYES~ COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-12l on the 25th day of March, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of March, 1986. ~<L ~ ~. CITY CLERK OF THE CITY OF ANAHEIM (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-12l duly passed and adopted by the Anaheim City Council on March 25, 1986. ~~A~ - CITY CLERK