96-150 RESOLUTION NO. 96R-150
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3855, IN
PART.
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 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 upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL C, AS SHOWN ON A MAP FILED IN BOOK
150, PAGES 5 AND 6 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA; 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. PC96-62 granting
Conditional Use Permit No. 3855, in part; 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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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.
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, 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. 3855 be, and the same is hereby,
granted, in part, permitting 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 on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
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Sections 18.05.098 - Permitted tvDe of sign.
and 18.61.067 (Marquee [changeable copy]
signs not permitted in ML
Zone; one 100 s~.ft. marquee
siqn proposed)
subject to the following conditions:
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 meet all ADA requirements and
shall be subject to review and approval by the Public Works
Department, Development Services Division.
4. That the proposed "Sign F" be installed only over that
portion of the building which will be occupied by subject
tenant.
5. 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 8; including compliance with Condition No. 4,
above.
6. That the first three (3) mature trees adjacent to each of
the building corners along the western building elevation
shall be preserved and the wall signs on said elevation
shall be modified to compress them so that said signs fit
between those trees. This landscaping and signage shall be
preserved until Caltrans' improvement plans are completed.
At the time the Caltrans plans are complete, a detailed sign
and 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.
7. The proposed reader board sign (changeable copy marquee
sign) is approved 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.
8. That prior to the commencement of the activity authorized by
this resolution, or within a period of one (1) year from the
3
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.
9. 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 20th day of August,
1996.
MAYOR OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
0020123.01
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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. 96R-150 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of August, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
V
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R-150 on the 20th day of August, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of August, 1996.
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. 96R-150 was duly passed and adopted by the City Council of
the City of Anaheim on August 20th, 1996.
CITY CLERK OF THE CITY OF ANAHEIM