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90-326 RESOLUTION NO. 90R-326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3277. 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 industrially-related office uses in an existing industrial building upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THAT PORTION OF LOT 3 OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO SAID OFFICIAL PLAT, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND LENGTH OF NORTH 82° 43' 54" EAST 211.20 FEET, IN DEED TO THE STATE OF CALIFORNIA (STATE PARCEL 388) RECORDED MARCH 19, 1953 IN BOOK 2472, PAGE 286 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DISTANT THEREON NORTH 32° 43' 54" EAST 9.30 FEET FROM THE WESTERLY TERMINUS THEREOF; THENCE, NORTH 46° 58' 56" WEST 25.17 FEET; THENCE NORTH 50° 45' 00" WEST 149.30 FEET; THENCE, NORTH 55° 51' 56" WEST 190.40 FEET; THENCE, NORTH 61° 16' 04" WEST 184.46 FEET; THENCE, SOUTH 55° 10' 13" WEST 11.31 FEET; THENCE, SOUTH 3° 29' 34" WEST 40.21 FEET; THENCE, SOUTH 4° 01' 15" EAST 179.24 FEET; THENCE, SOUTH 9° 56' 22" EAST 168.26 FEET TO THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 2 OF DEED (STATE PARCEL 386) RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF SAID OFFICIAL RECORDS; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 82° 25' 57" EAST 51.28 FEET, AND NORTH 77° 34' 27" EAST 327.70 FEET TO THE CENTERLINE OF JEFFERSON STREET, 60 FEET WIDE, DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK 645, PAGE, PAGE 44 OF DEEDS IN SAID OFFICE: THENCE, NORTH 82° 43' 54" EAST 53.05 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, APRIL 13, 1875, AND THAT PORTION CUP 3277 OF LOT 4 OF SECTION 4, TOWNSHIP 4 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO SAID OFFICIAL PLAT, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT COURSE DESCRIBED AS NORTH 61° 16' 04" WEST 184.46 FEET IN DIRECTOR'S DEED 00-000388-01-01 RECORDED DECEMBER 19, 1975 IN BOOK 11601, PAGE 695 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE, ALONG THE NORTHWESTERLY PROLONGATION OF SAID DESCRIBED COURSE, NORTH 61° 16' 04" WEST 22.02 FEET; THENCE, NORTH 14° 06' 08" EAST 13.08 FEET; THENCE, NORTH 68° 01' 00" WEST 20.72 FEET; THENCE, SOUTH 35° 30' 44" WEST 10.29 FEET; THENCE, NORTH 61° 16' 04" WEST 52.69 FEET; THENCE, SOUTH 86° 18' 50" WEST 1.13 FEET TO A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1147.00 FEET; THENCE, FROM A TANGENT WHICH BEARS SOUTH 2° 2?' 06" WEST, SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 17° 31' 02", AN ARC DISTANCE OF 350.68 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF STATE HIGHWAY RELINQUISHMENT NO. 605, RECORDED IN BOOK 8706, PAGE 1 OF SAID OFFICIAL RECORDS AND AS SHOWN ON MAP RECORDED IN BOOK 5, PAGES 47 THROUGH 49 OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE, ALONG SAID NORTHERLY LINE, ON A DIFFERENT BASIS OF BEARINGS, NORTH 74° 26" EAST 55.75 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 2; THENCE, ALONG THE GENERAL EASTERLY LINE OF SAID PARCEL 2, ON A DIFFERENT BASIS OF BEARINGS, THE FOLLOWING THREE COURSES: SOUTH 09° 58' 22" EAST 95.26 FEET; SOUTH 82° 28' 32" WEST 4.09 FEET; AND SOUTH 02° 15' 27" WEST 14.03 FEET TO THE SOUTHERLY LIEN OF THE LAND DESCRIBED IN PARCEL 2 OF DEED (STATE PARCEL 386) RECORDED MARCH 18, 1953 IN BOOK 2471, PAGE 551 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 82° 25' 57" EAST 14.59 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN SAID DIRECTOR'S DEED 00-000388-01-01; THENCE, ALONG THE GENERAL WESTERLY LINE OF LAST SAID DESCRIBED LAND, THE FOLLOWING FOUR COURSES: NORTH 09° 56' 22" WEST 168.26 FEET: NORTH 04° 01' 15" WEST 179.24 FEET; NORTH 03 DEG. 29' 34" EAST 40.21 FEET; AND NORTH 55° 10' 13" EAST 11.31 FEET TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF PARCEL 2 AS DELINEATED AND SHADED ON MAP ATTACHED TO RELINQUISHMENT NO. 605 RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 1 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2, RELINQUISHMENT OF HIGHWAY RIGHT-OF-WAY, ROAD 07-OR A-1-8.4, REQUEST NO. 605, AS SHOWN ON A DOCUMENT RECORDED AUGUST 29, 1968 IN BOOK 8706, PAGE 1 OF OFFICIAL RECORDS, RECORDS OF SAID ORANGE COUNTY; -2- CUP 3277 THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 10° 01' 11" EAST 95.26 FEET; THENCE, SOUTH 82° 25' 43" WEST 4.09 FEET; THENCE, SOUTH 2° 13' 08" WEST 19.86 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 76° 14' 42" WEST 30.93 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY WITH THE RADIAL BEARING FROM SAID POINT BEING NORTH 69° 23' 04" EAST, HAVING A RADIUS OF 1147.00 FEET; THENCE, NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 112.61 FEET THROUGH A CENTRAL ANGLE OF 5° 37' 30" TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; THENCE, EASTERLY ALONG SAID NORTHERLY LINE, NORTH 74° 44' 37" EAST 54.63 FEET TO THE POINT OF BEGINNING; 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. PC-132 granting, in part, Conditional Use Permit No. 3277; 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. -3- CUP 3277 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, Conditional Use Permit No. 3277 be, and the same is hereby, granted permitting industrially-related office uses in an existing industrial building on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.05.093.021 Maximum number of Freestanding 18.05.098 signs. (1 sign permitted For and 18.61.067 460 Feet oT Frontage; 3 signs existing) SECTIONS 18.05.093.0231 Minimum distance between 18.05.098 freestanding signs. (300 feet and 18.61.067 required; 58 feet existing) SECTIONS 18.05.098.011 Signs in parking-landscape and 18.61.067 area. (maximum 1 sign permitted in front 50-foot ~etback; ~ signs existing) SECTIONS 18.05.098 - Permitted type of sign. and 18.61.067 (Marquee [changeable copy] signs prohibited; 1 marquee sign existing) subject to the following conditions: -4- CUP 3277 1. 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. 2. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates shall ~ conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 3. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That 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 utilities, and which district(s) could include such legal property owner's property. 5. That any lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required by the City Fire Department. 6. That the proposed office uses shall be limited to the following listed uses and that an unsubordinated covenant, reviewed and approved by the City Attorney's Office, so-limiting said uses shall be recorded in the Office of the Orange County Recorder, a copy of which shall then be presented to the Zoning Division: (1) Accounting - bookkeeping, certified public accountant forms or temporary CPA Firms (2) Advertising [5) Appraisers (4) Banks (5) Brokers real estate, business opportunities, etc. (6) Business system companies (7) Communication consultants (8) Computer analysis firms (9) Credit reporting agencies (10)Designers industrial, interior, graphic (11)Development companies (12)Facility maintenance and planning (15)Insurance companies or agencies (14) Inventory services (15) Leasing companies (16) Management consultants or companies -5- CUP 5277 (17) Marketing research (18) Personnel agencies (19) Quality control analysis (20) Sales offices (which serve the industrial area as specified by Code Section 18.61.050.145) (21)Secretarial or business services (22) Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses and Structures", and subject to all conditions of said Section. Each individual use shall require the written approval of the Zoning Division prior to occupancy which approval shall only be given when it is demonstrated that such use is either an expressly permitted use in such zone or meets the criteria of Section 18.61.050.145 of the Anaheim Municipal Code. 7. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 8. 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 Nos. 1 through 8; provided, however, that the marquee sign shall display only advertising or business identification pertaining to the on-premise businesses and/or the time and temperature, and that there shall be no display of any other changeable copy or advertising on said sign. 9. That the appropriate permits for the signs along Tustin Avenue shall be obtained from the City Building Division. 10. That Condition Nos. 1 through 6, 8 and 9, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. 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. -6- CUP 3277 THE FOREGOING RESOLUTION is approved and adoptod by the City Council of the City of Anaheim this 21st day of August, 1990. ATTEST:~-~ ~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3884L 090790 -7- CUP 3277 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-326 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly, Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-326 on the 13th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of September, 1990. 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-326, duly passed and adopted by the Anaheim City Council on August 21, 1990. CITY CLERK OF THE CITY OF ANAHEIM