97-159RESOLUTION NO. 97R -159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 3855 AND AMENDING RESOLUTION NO.
96R -150.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 96R -150 approving Conditional Use
Permit No. 3855, in part, subject to certain conditions specified
therein; and
WHEREAS, the permittee has now requested an amendment to
said Conditional Use Permit and said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing concluding on August 19, 1997, at which hearing the City
Council did receive and consider evidence, both oral and
documentary, relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said Conditional Use Permit No. 3855 and the
conditions of approval in the manner hereinafter set forth is
reasonably necessary to protect the public peace, health, safety or
general welfare, or necessary to permit reasonable operation under
said Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the use of the property as authorized by
Conditional Use Permit No. 3855 be, and the same is hereby amended
to permit two industrially related sales and office uses (which
includes the existing business: wireless communications device
sales including, but not limited to, cellular telephones, beepers,
2 -way radios and fax machines, with service and sales of related
accessories and parts, and automotive installation) in the existing
35,000 sq.ft. industrial building, with a waiver of the following
provisions of the Anaheim Municipal Code:
Sections 18.06.050.0212
18.06.050.022
18.06.050.0321
and 18.61.066.050
18.06.080
Minimum number of parking spaces.
(131 spaces required;
87 spaces existing and recommended
by the City Traffic and Transportation
Manager)
BE IT FURTHER RESOLVED by the City Council of the City of
Anaheim that the conditions of approval heretofore imposed in
Conditional Use Permit No. 3855 as set forth in Resolution No. 96R -150
be, and the same are hereby, amended in their entirety to read as
follows:
"1. That the installation /service of mobile units (wireless
communications devices such as cellular telephones, beepers, 2-
way radios and fax machines) shall take place wholly inside the
building.
2. That any proposed roof mounted equipment shall be completely
screened from view, including the view from the reconstructed
above -grade I -5 /Santa Ana Freeway.
3. That a temporary sidewalk shall be constructed within the public
right -of -way adjacent to the future Anaheim Way. The design of
the sidewalk shall meed all ADA requirements and shall be subject
to review and approval by the Public Works Department,
Development Services Division.
4. 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 Revision No. 2 of Exhibit No. 1 (site
plan) and Revision No. 1 of Exhibit Nos. 4 through 7
(illustrative building elevations showing wall signs); including
that the parapets shown on the building elevations shall be
constructed substantially as specified.
5. That the first three (3) mature trees adjacent to each of the
building corners along the western building elevation shall be
preserved and, if necessary, the wall signs on said elevation
shall be modified so that said signs fit between the trees. This
landscaping shall be preserved until Caltrans' improvement plans
are completed. At the time the Caltrans plans are complete, a
detailed landscape plan shall be submitted to the Zoning Division
of the Planning Department for review and approval by the
Planning Commission as a "Reports and Recommendations" item.
6. That the proposed reader board sign (changeable copy marquee
sign), as approved in connection with Variance No. 4302, is
permitted for as long as the cellular phone business occupies
this site. The sign shall be removed at such time as said
specific business ceases to exist.
7. That prior to commencement of the activity authorized by this
resolution or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 2, 3, 4,
5 and 6, 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.
8. 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.
9. That the granting of the parking waiver is contingent upon
operation of the use in conformance with the assumptions relating
to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver.
Exceeding, violating, intensifying or otherwise deviating from
any of said assumptions, as contained in the parking demand study
submitted by the petitioner, shall be deemed a violation of the
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expressed conditions imposed upon said waiver which shall subject
this conditional use permit to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of
the Anaheim Municipal Code.
10. That final specific floor plans and elevation drawings (including
details regarding exterior building materials, finish, and color
scheme) shall be submitted to the Zoning Division for Planning
Commission review and approval as a "Reports and Recommendations"
item.
11. That the proposed second industrially related sales and office
use 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; and that a copy of the
recorded covenant shall be submitted to the Zoning Division:
(1) Accounting Bookkeeping, CPA Firms or temporary CPA Firms
(2) Advertising
(3) Appraisers
(4) Brokers Real Estate, Business Opportunities, etc.
(5) Business System Companies
(6) Communication Consultants
(7) Computer Analysis Firms
(8) Credit Reporting Agencies
(9) Designers Industrial, Interior, Graphic
(10) Development Companies
(11) Facility Maintenance and Planning
(12) Insurance Companies /Agencies
(13) Inventory Services
(14) Leasing Companies
(15) Management Consultants /Companies
(16) Marketing Research
(17) Office Supplies
(18) Personnel Agencies
(19) Printing or Reproduction Services
(20) Quality Control Analysis
(21) Secretarial and Business Services
(22) Telecommunications
(23) 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 and the City Traffic and Transportation Manager
prior to occupancy, which approval shall only be given when it is
demonstrated that such use is an expressly permitted use in such
zone, meets the criteria of Section 18.61.050.145 "Conditional
Uses and Structures" of the Anaheim Municipal Code, and complies
with said assumptions as contained in the approved parking demand
study.
13. That no banners or other temporary advertising devices (such as
flags, balloons, etc.) shall be displayed on this building or on
this property, which is located in the ML (Limited Industrial)
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Zone where temporary advertising devices are not permitted.
14. That prior to commencing operation of the second tenant space,
the business owner shall obtain a valid City of Anaheim business
license from the Business License Division of the Finance
Department."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. 96R -150 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 19th day of August, 1997.
ATTEST
CITY CLERK OF THE CITY OF ANAHEIM
0024184.01
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MAYOR OF THE CITY OF pSpdAHEIM
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. 97R -159 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 19th day of August, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: Tait, Zemel, Lopez
NOES: MAYOR /COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -159 on the 19th day of August, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 19th day of August, 1997.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -159 was duly passed and adopted by the City Council of
the City of Anaheim on August 19th, 1997.
1f
CITY CLERK OF THE CITY OF ANAHEIM
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CITY CLERK OF THE CITY OF ANAHEIM