90-452 RESOLUTION NO. 90R-452
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3345.
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
to permit a truck sales, leasing and repair facility upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1:
ALL THAT CERTAIN LAND SITUATED IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, CITY OF PLACENTIA, DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION TWENTY-SIX, TOWNSHIP FOUR SOUTH, RANGE
TEN WEST, S.B.B. AND M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID
SECTION WITH THE WESTERLY LINE OF THE 60.00 FEET RIGHT OF
WAY OF THE SOUTHERN PACIFIC RAILROAD, SAID INTERSECTION
BEING 426.00 FEET WESTERLY FROM THE NORTH QUARTER SECTION
CORNER OF SAID SECTION TWENTY-SIX; THENCE SOUTHEASTERLY,
ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY 439.05 FEET
TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO STEVE A.
RICHARDSON BY DEED RECORDED OCTOBER 24, 1949 IN BOOK
1919, PAGE 21 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG
THE SOUTHERLY LINE OF SAID LAND, 227.83 FEET; THENCE
NORTHWESTERLY 429.31 FEET TO A POINT ON THE NORTH LINE OF
SAID SECTION DISTANT WESTERLY 184.00 FEET FROM THE ABOVE
DESCRIBED POINT OF BEGINNING; THENCE EASTERLY ALONG SAID
NORTH LINE 184.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIP 4, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51,
PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LAND DESCRIBED
IN THE DEED TO BEULAH PECKHAM AND OTHERS, RECORDED JULY
11, 1955, IN BOOK 3133 PAGE 28 OF OFFICIAL RECORDS, BEING
A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 26, DISTANT WESTERLY 610.00 FEET FROM THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH
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9° 46' 00" EAST 60.89 FEET TO MEASURED AT RIGHT ANGLES
WITH THE SAID NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 26 SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 9° 46' 00" 638.51 FEET TO THE
SOUTHWESTERLY CORNER OF SAID LAND OF PECKHAM; THENCE
NORTH 89° 57' 45" WEST 62.70 FEET TO A POINT; THE
WESTERLY EXTENSION OF THIS LINE WOULD INTERSECT WITH THE
SOUTHWESTERLY CORNER OF LAND DESCRIBED IN THE DEED TO
LLOYD S. SMITH, RECORDED JULY 20, 1937 IN BOOK 893, PAGE
426, OFFICIAL RECORDS; THENCE NORTH 0° 01' 45" EAST
363.13 TO THE TRUE POINT OF BEGINNING.
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. PC90-254 granting Conditional
Use Permit No. 3345; 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
consideration 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.
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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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of off-
street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that Conditional Use Permit No. 3345 be, and the
same is hereby, granted permitting a truck sales, leasing and
repair facility on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0222 - Minimum number of Darkin~ spaces.
18.06.080 (110 required; 53 proposed)
and 18.61.066.050
SECTION 18.61.063.011 Minimum landscaped yard area.
(10 feet required along Katella
Avenue; 4 feet proposed)
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subject to the following conditions:
1. That this use shall be permitted for a period of five (5)
years, to expire on November 5, 1995.
2. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the City
of Anaheim in an amount as established by City Council resolution.
3. That plans shall be submitted to the City Traffic
Engineer for his review and approval showing conformance with the
latest revision of Engineering Standard Plan Nos. 436 and 601
pertaining to parking standards. Subject property shall thereupon
be developed and maintained in conformance with said plans.
4. That all driveways on Katella Avenue shall be
reconstructed to accommodate fifteen (15) foot radius curb returns
in conformance with Engineering Department Standards. Existing
broken or cracked driveways shall be removed and replaced as
required by the City Engineer.
5. That no portion of the required parking area shall be
fenced to accommodate material or other storage.
6. That a minimum of fifty three (53) parking spaces shall
be provided for the approved use of subject site.
7. That the gates shall remain open during business hours.
8. That any lockable pedestrian and/or vehicular access
gates shall be equipped with "know box" devices as required and
approved by the Fire Department.
9. That an adequate, unobstructed fire truck turn-around
area shall be specifically shown on plans submitted for building
permits, as required and approved by the Fire Department. Said
turn-around area shall be permanently marked and maintained to the
satisfaction of said Department.
10. That prior to issuance of a building permit, the legal
owner(s) of subject property shall execute and record an
unsubordinated covenant in a form approved by the City Attorney's
Office wherein such owner(s) agree not to contest the formation of
any assessment district(s) which may hereafter be formed for the
purpose of financing the undergrounding of electrical utilities in
the Anaheim Stadium Business Center.
11. That trash storage areas shall be refurbished to the
satisfaction of the Street Maintenance and Sanitation Division to
comply with approved plans on file with said division.
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12. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with said
division. Such information shall be specifically shown on the
plans submitted for building permits.
13. That primary water main fees shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of the
Water Utility Rates, Rules and Regulations.
14. That the on-site landscaping and irrigation system shall
be refurbished and maintained in compliance with City standards.
15. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the city of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1.
16. That prior to commencement of the activity authorized by
this resolution, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 2, 3, 9, 10, 12 and 13,
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.
17. That prior to commencement of the activity authorized by
this resolution or prior to final building and zoning inspections,
whichever occurs first, Condition Nos. 4, 6, 8, 11, 14 and 15,
above-mentioned, shall be complied with.
18. That approval of this application constitutes approval of
the proposed request only to the extent that it complies with the
Anaheim Municipal Code and any other applicable City, State and
Federal regulation. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 18th day of December,
1990.
YOR O~Y O~
ATTEST:
CITY CLE~ OF THE CITY OF ANAHEIM
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R34C3345.113
122790
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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. 90R-452 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 18th day of
December, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution NO.90R-452 on the 8th day of January, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of January, 1991.
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. 90R-452 duly passed and adopted
by the City Council of the City of Anaheim on December 18, 1990.
CITY CLERK OF THE CITY OF ANAHEIM