93-194 RESOLUTION NO. 93R-194
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3625.
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 automobile sales lots with accessory automotive
service/repair on three parcels upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL
MAP FILED IN BOOK 187 PAGES 20 THROUGH 24,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF BALL ROAD
(KNOWN AS TAFT AVENUE ON SAID PARCEL MAP) WITH SAHDERSON
AVENUE SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY WITH A CENTRAL ANGLE OF 33 DEG. 09' 22",
END A RADIUS OF 160 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE AND THE CENTERLINE OF SAID SANDERSON AVENUE AND ARC
DISTANCE OF 92.59 FEET; THENCE SOUTH 16 DEG. 01' 00" WEST
A DISTANCE OF 278.26, THENCE SOUTH 73 DEG. 59' 00" WEST A
DISTANCE OF 32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE BEGINNING AT A POINT ON THE CUSP OF A CURVE
SOUTHWEST FROM WHENCE A RADIAL LINE EXTENDS NORTH 73 DEG.
59' 00" WEST, SAID CURVE HAVING A CENTRAL AHGLE OF 76
DEG. 11' 38" AND A RADIUS OF 13' THENCE PROCEEDING AROUND
SAID CURVE FOR AN ARC DISTANCE OF 17.29 FEET, THENCE
NORTH 89 DEG. 47' 22" WEST A DISTANCE OF 79.42 FEET TO A
POINT ON THE CUSP OF A CURVE CONCAVE SOUTHEAST FROM
WHENCE A RADIAL LINE EXTENDS NORTH 2 DEG. 12' 38" EAST,
SAID CURVE HAVING A CENTRAL AHGLE OF 24 DEG. 50' 16" AND
A RADIUS OF 168 FEET, PROCEEDING ALONG THE CURVE A
DISTANCE OF 72.83 FEET TO A POINT OF REVERSE CURVATURE
CONCAVE NORTHWEST FROM WHENCE A RADIAL LINE EXTENDS SOUTH
22 DEG. 37' 38" EAST SAID CURVE HAVING A CENTRAL ANGLE OF
6 DEG. 43' 13" AND A RADIUS OF 232 FEET AHD PROCEEDING
THENCE A DISTANCE OF 27.21 FEET TO A POINT IN THE
EASTERLY BOUNDARY LINE OF SANDERSON AVENUE FROM WHENCE A
RADIAL LINE EXTENDS NORTH 15 DEG. 54~ 25" WEST, THENCE
SOUTH 16 DEG. 01' 00" WEST FOR A DISTANCE OF 16.06 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-93-86 granting, in part,
Conditional Use Permit No. 3625; 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:
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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, in part, be and the same is
hereby, affirmed and that Conditional Use Permit No. 3625 be, and
the same is hereby, granted, in part, permitting automobile sales
lots with accessory automotive service/repair on three parcels on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.06.050.0212 Minimum number of parkinq
sDaces.
18.06.050.0222 (449 required
for all parcels; 347 proposed)
18.06.050.0223
18.06.080
and 18.44.066.050
Section 18.44.064.010 Required landsca~inq abutting a
local street.
(3-foot wide landscaped planter
required;
none proposed)
subject to the following conditions:
1. That there shall be no banners, spinners, flags, placards or
other signage displayed on any sales vehicle unless a special
events permit has first been obtained from the Planning
Department.
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2. That plans shall be submitted to the city Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revision of Engineering Standard
Plan Nos. 436, 602 and 609 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
3. That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standards.
4. That all vehicular ramps and grades shall conform with
Engineering Standard Plan No. 402, as approved by the City
Traffic and Transportation Manager.
5. That the legal property owner/developer shall provide and
install underground conduits, substructures and related
facilities in conformance with a city of Anaheim Electrical
Engineering Construction Drawing and in accordance with the
Electric Rates, Rules and Regulations for underground line
extensions. The conduit/substructure system shall provide for
the replacement of existing overhead lines by underground
systems serving the property and providing continuity of
service to existing customers.
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 the petitioner shall be responsible for compliance and
any direct costs associated with Mitigation Monitoring Plan
No. 70 as established by the City and required by Section
21081.6 of the Public Resources Code to ensure its full
implementation.
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 5;
provided, however, that all signs on subject property shall
comply with the applicable CL "Commercial, Limited" Zone
standards.
9. That prior to issuance of a building permit for Parcel No. 1,
sign plans and precise plans for the parking structure shall
be submitted to the Planning Commission for review and
approval as a "Report and Recommendation" item.
10. That prior to issuance of a building permit for Parcels No. 2
and/or No. 3, precise floor, elevation and sign plans for said
parcels shall be submitted to the Planning Commission for
review and approval as a "Report and Recommendation" item.
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11. 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, 4, 6, 9 and 11,
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.
12. That prior to final building and zoning inspections, Condition
Nos. 3, 5, and 8, above-mentioned, shall be complied with.
13. 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.
THE FOREGOING RESOLUTION is approved and adopted by the
city Council of the City of Anaheim this 21st day of September,
1993.
MAYOR OF THE AHEIM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
4026.1\JWHlTE\September 30, 1993 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. 93R-194 was Introduced and adopted at a regular meetingl provided by law, of the Anaheim City Council
held on the 21st day of September, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-194 on
the 22rid day of September, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 22nd day of September, t993.
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. 93R-194 was duly passed and adopted by the City Council of the City of Anaheim on
September 21, 1993.
CITY CLERK OF THE CITY OF ANAHEIM