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87-042RESOLUTION NO. 87R-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2874. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LOBEL FINANCIAL CORPORATION, 2528 West Woodland Drive, Anaheim, California 92801, owner, and MILESTONE BUILDERS, INC., 1739 South Douglass Road, Suite F, Anaheim, California 92806, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH 100 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SECTION 19, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, SAID POINT BEING SOUTH 0 DEGREES 27' WEST 600.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 19, RUNNING THENCE FROM SAID POINT OF BEGINNING SOUTH 89 DEGREES 54' 40" WEST PARALLEL TO THE NORTH LINE OF SAID SECTION 19, 175.00 FEET TO A POINT; THENCE SOUTH 0 DEGREES 27' WEST, PARALLEL TO THE EAST LINE OF SAID SECTION 19, 265.91 FEET TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED JULY 28, 1897 IN BOOK 31, PAGE 62 OF DEEDS; THENCE NORTH 58 DEGREES 38' 20" EAST TO ALONG SAID NORTHERLY LINE 205.93 FEET TO A POINT IN THE EAST LINE OF SAID SECTION 19; THENCE NORTtt 0 DEGREES 27' EAST ALONG SAID EAST LINE, 159.00 FEET TO THE POINT OF BEGINNING. AN EASEMENT FOR ROAD AND UTILITY PURPOSES OBER, UNDER AND ACROSS THE EASTERLY 60 FEET OF SAID LAND AS GRANTED TO THE CITY OF ANAHEIM; 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 of£ered at said hearing, did adopt its Resolution No. PC87-15 denying Conditional Use Permit No. 2874; 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. 5. 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 improved to carry the traffic in the area. and 5. The granting of the conditional use conditions imposed will not be detrimental to safety and general welfare of the citizens of permit under the the peace, health, the City of Anaheim. 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2874 be, and the same is hereby, granted permitting automobile sales on the hereinabove described real property, subject to the following conditions: 1. That all driveways shall be constructed reconstructed to accommodate ten (10) foot radius required by the City Traffic Engineer. or curb returns as 2. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of land along Brookhurst Street, measured southerly from the property line at the corner of the intersection of Ball Road and Brookhurst Street, and varying in width from twelve (12) feet for the first three hundred (300) feet and then transitioning from twelve (12) feet to 0 feet for the next three hundred (500) feet. In the event that General Plan No. 210 pertaining to -2- Critical Intersections is not adopted by the City Council, this condition shall be considered null and void. 3. That street lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 4. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 5. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of twelve [12) feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that landscaping in the ten (10) foot wide buffer along the west property line shall minimally consist of trees planted on minimum twenty (20) foot centers interspersed with bushes also planted on minimum twenty (20) foot centers. 7. 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 and 3, 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. 8. That prior Condition Nos. 1, 4, with. to final building and zoning inspections, 5 and 6, above-mentioned, shall be complied 9. That no balloons, flags and/or banners shall be displayed in connection with this use. 10. That sales prices shall not be painted on the for-sale vehicles. 11. That at least eighty percent (80% automobiles shall be wholesaled and not more (20%) shall be retail. of the for-sale than twenty percent BE IT FURTHER RESOLVED that the City Council does hereby £ind 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. City 1987. THE FOREGOING RESOLUTION is approved and adopted by Council of the City of Anaheim this 10th day of February, MAYOR OF THE CITY O~F ATTEST: ~ CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1733L 032687 the ANAHEIM -4- CLERK 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. 87R-42 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of February, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COONCIL MEMBERS: None VACA~;CY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-42 on the 10th day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of February, 1987. CITY CLERK O~ T~E 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. 87R-42 duly passed and adopted by the Anaheim City Council on February 10, 1987. CITY CLERK OF T E CITY OF ANAHEIM