1982-462
RESOLUTION NO. 82R-462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
2356.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit from
ABEL and CAROL A. MENDEZ, owners, and LAWRENCE BUCKLEY, agent, to
permit a used automobile sales lot. in the RCGR (Commercial General)
Zone with a waiver of minimum number of required off-street parking
spaces on certain real property situated in the City of Anaheim,
County of Orange, State of California. legally described as:
THAT PORTION OF LOTS 4 THROUGH 8 INCLUSIVE, OF THE
BABINGER SUBDIVISION, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 7, PAGE 23, MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY
OF THE FOLLOWING DESCRIBED LINE;
COMMENCING AT A POINT IN THE SOUTH LINE OF LOT 1
EASTERLY THEREON 18.69 FEET FROM THE SOUTHWEST CORNER
OF SAID LOT 1, SAID POINT BEING IN THE WESTERLY LINE
OF ZEYN STREET AS CONVEYED TO THE CITY OF ANAHEIM BY
DEED RECORDED MARCH 1, 1924, IN BOOK 512, PAGE 257,
OF DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH
890 35' WEST ALONG THE SOUTHERLY LINE OF LOTS 1, 2,
3, 4 AND 5 OF SAID SUBDIVISION, 170.95 FEET TO THE
TRUE POINT OF BEGINNING OF THE AFOREMENTIONED LINE;
THENCE NORTH 00 23' WEST 80.00 FEET; THENCE NORTH 260
37' EAST 88.98 FEET, MORE OR LESS, TO THE
NORTHEASTERLY LINE OF SAID SUBDIVISION.
EXCEPTING THEREFROM THAT PORTION IN LOS ANGELES
STREET, NOW ANAHEIM BOULEVARD, DESCRIBED AS PARCEL 2
IN THE DEED OF THE CITY OF ANAHEIM, RECORDED MAY 11,
1934, IN BOOK 676, PAGE 1, OFFICIAL RECORDS, ORANGE
COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION IN LEMON STREET
AS DESCRIBED IN PARCELS 1 AND 2 OF THE FINAL
JUDGEMENT OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, IN ACTION
NO. 23578 AS RECORDED IN BOOK 325, PAGE 281, OFFICIAL
RECORDS, OF SAID ORANGE COUNTY: and
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WlfEREAS, 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 re-
quired by law and the provisions of Title 18, Chap~er 18.03 of ~he
Anaheim Municipal Code, and
WHEREAS, said Commission, after due inspection, investi-
gation 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. PC82-1S1, dAnyin9
Conditional Use Pe~it No. 'A~~ J and
MIEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own .DO"tion, 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 .uch hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and
MIEREAS, the City Council finds, after careful consider-
ation of the recommendations of ~he Ci~y 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 developmen~ 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 im-
pose an undue burden upon the streets and hiqhways designed and
improved ~ carry the traffic in the area.
5. The granting of the conditional use permit under the
ooftdition8 imposed will no~ be detrimental to the peace, health,
safety and 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
~e~y~na said conditional use pe~it be, and the same is
here y, TPllP1"'P'ii and that Conditional Use Permit No. 2356 be,
and the same s ereby, qranted pe~itting a used automobile sales
lot on the hereinabove described real property, subject to the
following conditions:
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ATTY-26 (PII.. 2 of 2 PllveS)
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1. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Executive
Director of Public Works.
2. That there shall be no more than 12 for-sale vehicles on
the premises at anyone time.
3. That all mechanical and related work shall be conducted
wholly inside the eXisting building and shall be limited to the
for-sale vehicles only.
4. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. I and 2; provided, however, that there
shall be a minimum of 5 on-site customer/employee parking spaces.
5. That Condition Nos. I and 4, above-menti~hed, shall be
completed within a period of thirty (30) days of approval by the
Planning Commission.
6. That this conditional use permit shall be reviewed by the
City Council six months from the date hereof to determine compliance
with the provisions of Section 18.03.092 of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim 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 condition, 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 this 14th
day of September, 1982
~:t~ANAHEIM
ATTEST:
~ JJ/~~
CITY CLERK OF THE Y OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 82R-462 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of September, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 82R-462 on the 14th day of September, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of September, 1982.
~. /JA.J~-I"h./
CITY C ERK OF THE C T OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 82R-462 duly passed and
adopted by the Anaheim City Council on September 14, 1982.
~.l. ,) ,iJ.~ u1u
CITY CLERK