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1974-459RESOLUTION NO. 74R -459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1488 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit trom Sam Hamilton, Lestel M. Hamilton and Daisy Kaye, owners, to establish a motor vehicle leasing and sales agency on the following described property: PARCEL 1: Lot 21 of Tract No. 498, as per map thereof recorded in book 19, page 24 of Miscellaneous Maps, records of said Orange County. Except- ing therefrom the West 132 feet thereof. PARCEL 2: Lot 1 of Tract No. 498, Berger Half- Acres, as per map thereof recorded in book 19, page 24 of Miscellaneous Maps, records of said Orange County. Excepting therefrom the West 60 feet thereof. Also excepting from said Parcels 1 and 2 that portion conveyed to the State of California by deed recorded January 8, 1952, in book 2271, page 373 of Official Records. And the Westerly half of Lot 20 of Tract No. 498 "Berger Half- Acres" in the County of Orange, as per map recorded in book 19, page, 24 of Miscellaneous Maps, in the office of the County Recorder of said county. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on August 19 1974 notices of which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, inves- tigation 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. pr74_1Th Series granting Conditional Use Permit No. 1488 SuhjPCt fn r•Prtai n nnnM ti nnc and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in renting said conditional use permit and did thereupon fix tie h day of September 1971 as the time and the Counci amber in the City Hall of the City of Anaheim as the place for a public hearing upon said conditional use permit, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hear ing 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 conside- ration 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 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 high- ways 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Com- mission g rrant n g said conditional use permit be, and the same is spst and that Conditional Use Permit No., 1. be, and the same is hereby, granted permitting a motor vehicle leasing and sales agency on the aforedescribed property with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.04.090(2)(c) Maximum eave projection. (2 1/2 feet permitted; 5 feet existing) SECTION 18.04.090(2)(6) Maximum fence height. (3 1/2 feet permitted; 6 feet proposed) -2- SECTION 18.40.070(3)(a) Maximum building height. (7 1/2 feet permitted; 14 1/2 feet existing) SECTION 18.40.070(4)(d) Minimum parking layout dimensions. (25 -foot aisle required; 24 -foot aisle proposed) SECTION 18.40.070(6)(a) Required masonry wall adjacent to a residential zone. (6- foot high masonry wall required; 6 -foot high wood and chainlink fences proposed) That said conditional use permit be granted subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 74 -75 -8, now pending. 2. That the proposed vehicular access gate to Mountain View Avenue shall be for emergency purposes only, and that ingress and egress shall not be taken to the subject property from that street, as stipulated to by the petitioner. 3. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 and 2. 4. That no vehicles taken in trade shall be stored on the subject property, as stipulated to by the petitioner. 5. That the sales of vehicles at the subject location shall be restricted to those vehicles originally assigned to the Intercontinental Leasing Corporation located at 1809 Manchester Avenue. 6. That no prices shall be placed on the windshields or other parts of vehicles being offered for sale. 7. That no boats, airplanes, air conditioning equip- ment, or other personal property for sale or lease shall be stored on the subject property, but that the items permitted to be stored shall consist of automobiles, panel trucks and pickup trucks, as stipulated to by the petitioner. 8. That no more than twenty -five (25) vehicles for sale or lease shall be stored on the subject property at any one time, to allow the remaining ten (10) parking spaces for employee and customer use, as stipulated to by the petitioner. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. -3- THE FOREGOING RESOLUTION is approved and signed by me this 17th day of September, 1974. ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -459 was passed and adopted at a regular meeting of the City Council held on the 17th day of September, 1974, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, and Thom NOES: COUNCIL MEMBERS: Sneegas ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 74R -459 on the 17th day of September, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of September, 1974. 1, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -459 duly passed and adopted by the Anaheim City Council on September 17, 1974. FAL:jh 4 CITY CLERK OF THE CITY OF ANAHEIM City Clerk%