98-105
RESOLUTION NO.
98R-IOS
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 4017.
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 a 22,300 sq. ft. expansion of an existing automobile
sales lot display area upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 18,
PAGE 17 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. PC98-59 granting
Conditional Use Permit No. 4017; 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.
conditions
safety and
Anaheim.
The granting of the conditional use
imposed will not be detrimental to
general welfare of the citizens of
permit under the
the peace, health,
the City of
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
Conditional Use Permit No. 4017 be, and the same is hereby,
granted permitting a 22,300 sq. ft. expansion of an existing
automobile sales lot display area on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
Sections 18.44.063.010
and 18.04.060.013
Minimum landscaped setback and
minimum number of street treeS
adlacent to an arterial hiqhwav.
(10-Foot setback with 13 trees
required adjacent to Lincoln
Avenue and Euclid Street; 4-foot
setback with no trees proposed)
subject to the following conditions:
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1. That a minimum four (4) foot wide landscaped and irrigated
planter shall be installed along the entire frontage of the
property along Euclid Street and Lincoln Avenue. Subject
four foot (4') wide landscaped planter shall be replaced on
site at the property owner's expense upon completion of
street widening.
2. That a landscaping and irrigation plan shall be submitted to
the Zoning Division for review and approval. Following
approval, said improvements shall be installed. Any
decision made by the Zoning Division regarding said plan may
be appealed to the Planning Commission and/or City Council.
3. That this conditional use permit shall operate only in
conjunction with the existing adjacent automobile dealership
at 111 and 215 South Euclid Street. At no time shall the
automobile sales lot on this property operate independently
from the adjacent dealership.
4. That any proposed bollards shall be located behind the
twenty two (22) foot wide landscaped planter. A plan
specifying the location and design of the bollards shall be
submitted to the Zoning Division for review and approval.
5. That the maximum number of freestanding signs for this
entire automobile sales and service business (subject
property and 111 and 215 South Euclid Street) shall be
limited to three (3). Should any other freestanding sign be
proposed on this property, one (1) of the three (3) existing
freestanding signs on the property to the south shall be
removed. Further, all signs for this property shall be
reviewed and approved by the Planning Commission as a
Reports and Recommendations" item.
6. That the owner of the subject property shall submit a letter
requesting termination of Variance No. 2279 (waivers of
maximum number of free-standing signs and minimum height of
a free-standing sign) to the Zoning Division.
7. That the petitioner shall submit a lighting plan to the
Zoning Division for review and approval.
8. That subject property shall be developed substantially in
conformance 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
as conditioned herein.
9. That prior to commencement of the activity authorized by
this resolution or within a period of one (1) year from the
date of this resolution, Condition Nos. 1, 2, 4, 5, 6, 7,
and 8, above-mentioned, shall be complied with. Extensions
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for further time to complete said conditions may be granted
in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
10. That approval of this application constitutes approval of
the proposed request only to the extent that it complies
with the Anaheim Municipal 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 2nd day of June, 1998.
~t2-1-
MAY R OF THE
ATT~~ ~ cSR-
CITY CLERK OF THE CITY OF ANAHEIM
0026895.01
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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. 98R-105 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 2nd day of June, 1998, by the fOllowing vote of the
members. thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: Lopez
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-105 on the 2nd day of June, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 2nd day of June, 1998.
~~?(~
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. 98R-105 was duly passed and adopted by the City Council of
the City of Anaheim on June 2nd, 1998.
>di?~A 11 c~
CITY CLERK OF THE CITY OF ANAHEIM