92-111 RESOLUTION NO. 92R-111
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3516.
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 self storage and recreational vehicle storage facility
upon certain real property located within the city of Anaheim,
County of Orange, State of California, legally described as:
PARCEL 1: THE WESTERLY 270.00 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, CITY OF ANAHEIM, AS SAID
SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE l0 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE
RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY.
EXCEPTING THEREFROM THAT PORTION OF LAND LYING
SOUTHWEST OF THE NORTHEASTERLY LINE OF THAT
CERTAIN PROPERTY AS DESCRIBED IN THE DEED
RECORDED IN BOOK 5517 PAGE 216 OF OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND
LYING SOUTH OF THE SOUTHERLY LINE OF THAT
CERTAIN 1.63 ACRE PARCEL OF LAND SHOWN AS
ASSESSOR PARCEL NO. 082-260-11.
PARCEL 2: THAT PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23,
BEING A PORTION OF LOT 41 IN TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 2,
PAGES 256 AND 257 OF PATENTS OF LOS ANGELES,
COUNTY, CALIFORNIA, LYING SOUTH OF THE SOUTH
LINE OF THE TUSTIN BRANCH OF THE SOUTHERN
PACIFIC RAILROAD COMPANY, DESCRIBED IN DEED
RECORDED JUNE 28, 1988, IN BOOK 416, PAGE 21 OF
DEEDS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, AND LYING SOUTHWEST OF THE
SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY.
CUP #3516
PARCEL 3: THAT PORTION OF THE EASTERLY 390
FEET OF THE WESTERLY 660 FEET OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 24, IN
TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M.,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF
THE SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY.
EXCEPTING THEREFROM THAT PORTION OF LAND LYING
SOUTHWEST OF THE NORTHEASTERLY LINE OF THAT
CERTAIN PROPERTY AS DESCRIBED IN THE DEED
RECORDED IN BOOK 5517, PAGE 216 OF OFFICIAL
RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID
LAND LYING NORTH OF THE NORTHERLY LINE OF THAT
CERTAIN 1.31 ACRE PARCEL OF LAND SHOWN ON
ASSESSOR PARCEL NO. 082-260-24.
PARCEL 4: THAT PORTION OF THE SOUTHEAST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING
SOUTHWEST OF THE SOUTHWESTERLY LINE OF THE
RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY.
EXCEPT THEREFROM THE WESTERLY 660.00 FEET.
ALSO EXCEPT THEREFROM THAT PORTION OF LAND
LYING SOUTH OF THE NORTH AND NORTH EASTERLY
LINES OF THAT CERTAIN PROPERTY DESCRIBED IN THE
DEED RECORDED IN BOOK 5517, PAGE 216 OF
OFFICIAL RECORDS OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said applioation 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
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CUP #3516
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC92-52 granting Conditional
Use Permit No. 3516; 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.
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
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CUP #3516
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. 3516 be, and the
same is hereby, granted permitting a self storage and recreational
vehicle storage facility on the hereinabove described real property
with a waiver of the following provisions of the Anaheim Municipal
Code:
SECTIONS 18.05.093.023 - Permitted location of freestandinq siqns.
18.05,098 (Minimum 23 feet from north property line
and 18.61.067 required; 8 to 18.5 feet proposed)
SECTIONS 18.06.050.0121- Minimum number of Darkin~ sDaces.
18.06.050.0212 (175 required; 32 proposed)
18.06.050.031
18.06.080
and 18.61.066.050
SECTION 18.61.030.010 - Permitted number of caretakers' units. (~ permitted; ~ proposed)
subject to the following conditions:
1. That subject use shall be limited to a period of fifteen
(15) years; provided, however, that additional time
periods may be requested by the petitioner pursuant to
the procedures set forth in Section 18.03.093 of the
Anaheim Municipal Code.
2. That if subject property consists of more than one (1)
legal parcel of record, the property owner shall either:
(a) Record a Lot Line Adjustment Plat to combine the
parcels into one (1) parcel; or
(b) Record a parcel map to create one (1) legal parcel.
Prior to issuance of a building permit, the developer
shall submit deeds to the Subdivision Section for review
to determine whether the parcels were legally created.
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CUP #3516
3. That prior to issuance of a building permit, a fee in the
amount of six hundred and fifty dollars ($650) per one
thousand (1,000) square feet of building area for the
caretakers unit, shall be paid to the City of Anaheim for
sewer capacity mitigation.
4. That plans showing the operation of the vehicular
security gates and turn-around area shall be submitted to
and approved by the City Traffic and Transportation
Manager.
5. That the driveway on State College Boulevard shall be
constructed with fifteen (15) foot radius curb returns,
as required by the city Engineer and in conformance with
Engineering Standard No. 137.
6. That a Plan Sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
7. That fire sprinklers shall be installed in the storage
units, as required by the Fire Department.
8. That prior to commencement of the activity authorized
under this resolution, or prior to the time that a
building permit is issued, or within a period of ninety
(90) days from the date of this resolution, whichever
occurs first, 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
pursuant to the provisions of Development Agreement No.
83-01 between the City of Anaheim and Anaheim Stadium
Associates, which district(s) could include such legal
property owner's property. A copy of the recorded
~, covenant shall then be submitted to the Zoning Division.
9. 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 5; provided, however, that either:
(a) A minimum two (2) foot building setback shall be
provided from the north property line (railroad
tracks) to prevent graffiti opportunities and the
proposed chainlink fence along the north property
line shall be landscaped with vines; or
(b) The building walls adjacent to the railroad tracks
shall be planted with vines (approved by staff as to
species, size and location) to deter graffiti.
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CUP #3516
10. That 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, 4 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.
11. That prior to final building and zoning inspections,
Condition Nos. 5, 7 and 9, above-mentioned, shall be
complied with.
12. 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 F~THER 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.
THE FOREGOING RESOL~ION is approved and adopted ~ the
City Council of the City of Anaheim this 9th day of June, 1992.
ATTEST:
CITY CLE~ OF THE CITY OF ~EIM
JLW:dnl
R34C3516.12
061192
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CUP #3516
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. 92R-111
was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day
of June, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-111 on the loth
day of June, 1992. ~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th
day of June, 1992.
HE 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. 92R-111 duly passed and adopted by the City Council of the City of Anaheim on June 9, 1992.
CITY CLERK OF THE CITY OF ANAHEIM