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1985-332RESOLUTION NO. 85R-332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2698. 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 SMOOKE AND SONS INVESTMENT COMPANY, owner, and ORANGE COUNTY TRUCK AND TRAILER SALES, INC., agent, to permit a truck sales and service agency upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, 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 AS RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO BEULAH PECKHAM, ET AL RECORDED JULY 11, 1955 IN BOOK 3133 PAGE 28 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTH LINE OF SAID NORTHWEST QUARTER, WESTERLY 610.00 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 9° 46' 00" EAST 60.89 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO BEULAH PECKHAM KINKEAD RECORDED AUGUST 8, 1963 IN BOOK 6666 PAGE 253, OFFICIAL RECORDS; THENCE SOUTH 0° Ol' 45" WEST 363.13 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN THE DEED TO NATHAN SMOOKE RECORDED JUNE 3, 1963 IN BOOK 6571 PAGE 559, OFFICIAL RECORDS; THENCE PARALLEL WITH SAID NORTHERLY LINE OF THE NORTHWEST QUARTER, WESTERLY 264.33 FEET TO A LINE PARALLEL WITH AND NORTHWESTERLY 150.00 FEET FROM THE CENTER LINE OF THE 60.00 FOOT CALIFORNIA STATE HIGHWAY; THENCE NORTHWESTERLY 40.40 FEET ALONG LAST SAID PARALLEL LINE TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO EDISON SECURITIES COMPANY, A CORPORATION, RECORDED APRIL 22, 1949 IN BOOK 1833 PAGE 41 OF OFFICIAL RECORDS; THENCE NORTHERLY 392.82 FEET ALONG THE EASTERLY LINE OF SAID LAND OF EDISON TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE EASTERLY ALONG SAID NORTH LINE OF THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 7 PAGE 50 OF RECORD OF SURVEYS, IN THE OFFICE OF SAID COUNTY RECORDER; 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. PC85-149 granting Conditional Use Permit No. 2698; 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 adjoin- ing 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: -2- 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 the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2698 be, and the same is hereby, granted permitting a truck sales and service agency on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.030 AND 18.61.066.030 SECTIONS 18.06.050.0222 18.06.050.0223 18.06.080 AND 18.61.066.050 - Required improvement of outdoor storage areas. (paving required; crushed rock proposed) - Minimum number of parking spaces. (51 spaces required; 21 spaces proposed) SECTION 18.61.064.020 SECTIONS 18.61.068.030 AND 18.61.068.031 - Maximum fence height. (36 inch high decorative screen type wall in 50 foot front setback area adjacent to Katella permitted; 6-foot high chainlink fence located 35 feet from Katella Ave- nue proposed) - Required enclosure of outdoor uses. (chainlink fence with slats required; chainlink fence without slats proposed) -3- subject to the following conditions: 1. That sidewalks shall be installed along Katella Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City ~`~ Engineer. 2. That the driveway shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 3. That prior to the 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 owner(s) of subject property shall execute and record a 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-O1 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Failure to comply with this condition within the specified time shall deem this conditional use permit null and void. 4. That all on-site landscaping and irrigation facilities shall be refurbished and maintained in conformance with City standards. 5. That reasonable landscaping, including irrigation facilities, shall be installed in the uncemented portion of the parkway adjacent to Katella Avenue. The owner(s) of subject property shall thereafter assume the responsibility for maintenance of said parkway landscaping. 6. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates within a distance of sixty five (65) feet from said public street right-of-way shall be subject to the review and approval of the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That all lockable pedestrian vehicular access gates ~--. shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshal. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. -4- 10. That the proposal shall comply with all signing requirements of the ML Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 11. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1055 to the Planning Department. 12. That the proposed modular sales office structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Electrical, Mechanical and Fire Codes as adopted by the City. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. l; provided, however, that the crushed rock or decomposed granite material used to surface the 50,000 square foot outdoor truck and trailer display area and the 10,800 square foot outside repair and overnight storage area shall be approved the the City Engineer; and that the area in front of the modular office shall be paved northerly to the chainlink fence adjacent to the 35-foot wide landscaped setback. 14. That prior to the commencement of the activity authorized under this resolution prior to issuance of a building permit, or within a period of one year from the date of this resolution, or prior to commencement of the activity authorized under this resolution, whichever occurs first, Condition Nos. 11 and 12, 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. 15. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, 7, 8, 9 and 13, above-mentioned, shall be complied with. 16. That this permit is granted for a period of three (3) years, to expire June 10, 1988. 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. -5- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of July, 1985. MAYOR OF THE CITY ANA EIM ATTEST: CITY CLERK OF TH CITY OF ANAHEIM JLW:fm/4020M/080585 -5- 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. 85R-332 was introduced and adopted at a regular ,~.,,,,a meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of July, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-332 on the 23rd day of July, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and aff iced the seal of the City of Anaheim this 23rd day of July, 1985. ~C 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. 85R-332 duly passed and adopted by the A~Zaheim City Council on July 23, 1985. C T CLE