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91-016 RESOLUTION NO. 91R-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3357. 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 auto stereo and alarm installation upon certain real property located within the city of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 150.00 FEET OF THE NORTH 216 FEET OF THE WEST 190 FEET OF LOT 4 IN BLOCK "A" OF TRACT NO. 13 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID NORTH AND WEST DISTANCES BEING MEASURED TO THE CENTER LINES OF THE STREET ADJOINING SAID LOT ON THE NORTH AND WEST. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LAND EASTERLY 60 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG SAID PARALLEL LINE TO SAID NORTHWEST CORNER; THENCE SOUTHERLY ALONG SAID WEST LINE TO A LINE PARALLEL WITH AND SOUTHERLY 20 FEET FROM SAID NORTH LINE; THENCE EASTERLY 40 FEET ALONG SAID NORTH LINE; THENCE NORTHEASTERLY ON A DIRECT LINE 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. PC90-270 granting Conditional Use Permit No. 3357; 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 CUP #3357 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 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. 3357 be, and the same is hereby, granted permitting auto stereo and alarm - 2 - CUP ~357 installation 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 ~arkinq spaces. 18.06.080 (37) required; ~ proposed) and 18.44.066.050 SECTION 18.44.063.010 Minimum structural setback. (10 feet required along Brookhurst Street; 4 feet existing) subject to the following conditions: 1. That a fee for street lighting purposes shall be paid to the city of Anaheim based on the length of street frontage along Brookhurst Street in an amount as established by city Council resolution. 2. That plans shall be submitted to the city Traffic Engineer for his review and approval showing conformance with the latest revisions 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. 3. That all driveways 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. 4. That prior to issuance of a building permit, the appropriate fees due for primary water mains and fire protection service shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 5. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 6. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with city standards. 7. That the parking area adjacent to Lincoln Avenue and Brookhurst Street shall be screened from view in conformance with Zoning Code Section 18.44.064.010 "Automobile Parking Areas". 8. 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. - 3 - CUP ~3357 9. That no banners or other types of temporary advertising shall be displayed within any service bay facing the public rights-of-way. 10. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 11. 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 and Revision No. 1 of Exhibit No. 2, provided, however, that the lower portion of the roll-up door shall be painted, or shall consist of a material, to match the brick on adjacent store fronts. 12. That prior to the 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. 1, 2 and 4, 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. 13. That prior to the commencement of the activity authorized this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 3, 6, 7, 8, and 11, above-mentioned, shall be complied with. 14. That this conditional use permit shall terminate in nine (9) years, on December 3, 1999. 15. That this use shall be authorized only for the installation of auto stereo, radio, alarm and telephone. 16. That if and when this conditional use permit terminates at some future date, the roll-up door shall be replaced with a normal store front. 17. 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 4 CUP ~3357 Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the city of Anaheim this 15th day of January, 1991. ~AYOR OF THE CITY O~ANAHEIM~ ATTEST: CITY CLERK OF TH EIM JLW:dnl R34CUP3357.113 013091 - 5 - CUP #3357 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. 91R-16 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of January, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly TEMPORARILY ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-16 on the 1st day of February, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of February, 1991. CITY CLERK OF THE CITY OF (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-16, duly passed and adopted by the City Council of the City of Anaheim on January 15, 1991. CITY CLERK OF THE CITY OF ANAHEIM