1982-498
RESOLUTION NO. 82R-498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
2377.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from DUNN PROPERTIES, owner, and FLOYD L. FARANO, agent, to permit
a Planned Unit Industrial Service Center including sales and
service of new and used automobiles on certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCELS 29 TO 36, BOTH INCLUSIVE, AND THE SOUTHERLY
53 FEET OF PARCEL 37, MEASURED ALONG THE EASTERLY
LINE THEREOF, OF A MAP FILED IN BOOK 154, PAGES 35
TO 41, BOTH INCLUSIVE OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; and
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WI!EREAS, the City Planning Commission did hold a public
hearing upon said app1ica~ion a~ ~he City Hall in ~e City of
Anaheim, notices of which public hearing were duly 91ven as re-
quired by law and ~he provisions of Title 18, Chap~er 18.03 of the
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 re~rtB offered at said hearing.
did adopt its Resolution No. PC82-181, . denying
Conditional Use Permit No. 23// ~ and
MIEREAS, thereafter, within the ~ime prescribed by law,
an interes~ed"party or the City Council, on its own mo~ion, caused
the review of said Planning Commission action at a duly noticed
public hearing, and
WHEREAS, at the time and p~ace fixed for said public
hearing, the City Council did duly hold and conduct .ueh 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 the City Planning Commission and
all evidence and reports offered a~ said hearing, tha~1
1. The proposed use is properly one for which a" conditional
use pe~it 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 de~rimental 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 highways designed and
improved ~o carry ~he traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safe~y and general welfare of the ci~izens 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
denying said conditional use permit be, and the same is
hereby, reversed and that Conditional Use Permit No. 2377 be,
and ~he same is hereby, qranted pe~ittinga Planned Dn1t industrial
Service Center including sales and service of new and used Mercedes-
Benz automobiles only, subject to the following conditions:
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ATTY-26 CPaIl 2 of 2 Pages)
1. That the owner of subject property shall pay the traffic
signal assessment fee (Ordinance No. 3896), in an amount as
determined by the City Council, for industrial buildings prior to
the issuance of a building permit.
2. That appropriate water assessment fees as determined by
the Office of Utilities General Manager shall be paid to the City of
Anaheim prior to the issuance of a building permit.
3. That trash storage areas shall be provided in accordance
with approved plans on file with t.he Office of the Executive
Director of Public Works.
4. That fire hydrants shall be installed and charged as
required and determined to be necessary by the Chief of the Fire
Department prior to commencement of structural framing.
5. That all proposed driveway locations shall be subject to
review and approval of the Traffic Engineer prior to the issuance of
building permits.
6. That the vehicular access rights except at street and/or
alley openings, to La Palma Avenue shall be dedicated to the City of
Anaheim.
7. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 through 3.
8. That Condition No.6, above-mentioned, shall be complied
with prior to the commencment of the activity authorized under this
resolution, or prior to the time t.hat the building permit is issued,
or within a period of one year from date hereof, whichever occurs
first, or such further time as the Planning Commission may grant.
9. That Condition Nos. 3 and 7, above-mentioned, shall be
complied with prior to final building and zoning inspections.
10. That all auto repair work and incidental parts storage
shall be conducted entirely within the proposed building.
11. That this approval is for a Mercedes-Benz dealership,
including servicing, which is an integral part of the approximately
six (6) acre planned unit industrial service center.
12. That there shall be no on-site display or sale of any make
of new or used cars other than Mercedes-Benz.
13. Within one year following commencement of the approved
Mercedes-Benz dealership use on Portion B of the subject property as
shown on approved plans, or within one year fOllowing issuance of
the first building permit therefor, the owner shall commence, and
diligently prosecute to completion within a reasonable time
thereaft.er, development of Portion A of the subject property as
shown on approved plans for general industrial use.
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14. That the signing of the Mercedes-Benz dealership shall
consist of and be limited to (i) a monument type freestanding sign,
(ii) a Mercedes-Benz seal on the bUilding and (iii) a directional/
guide sign for servicing and parts.
15. That the exterior windows shall not be painted over, in
whole or part, nor shall any advertising signs be placed on or in
the windows.
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.
ATTEST:
~.Ik)~!t;:;:"
CITY CLERK OF THE CITY OF ANAHEIM
JLvJ: fro
0234M
10-20-82
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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-498 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of October, 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-498 on the 12th day of October, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of October, 1982.
~ .~~ J~h-.I
CITY ERK OF THE CIT 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-498 duly passed and
adopted by the Anaheim City Council on October 12, 1982.
~~.)~
CITY CLE