1985-400RESOLUTION NO. 85R-400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2636.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from the CITY OF ANAHEIM, owner, to permit a vehicle sales center
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
Commencing at the Southeast corner of Lot 9 of the
Fletcher Tract, as shown on a Map recorded in book 3,
page 320 of Miscellaneous Records of Los Angeles
County, California; thence North along the East line
of said Lot 9, a distance of 891.25 feet to an iron
pipe; thence North 89 degrees 29' West 1320 feet to a
3" x 4" post; thence South 903.65 feet to a 2" x 4"
post being the Southwest corner of said Lot 9; thence
East 1320 feet to the point of beginning.
Excepting that portion of said land conveyed by W. E.
Scott to Orange County Water District by deed dated
September 23, 1943 and recorded November 15, 1943 in
book 1214, page 535 of Official Records of Orange
County, California.
Also excepting therefrom that portion described in
that certain Final Order of Condemnation, Superior
Court Case No. 155746, a certified copy of which was
recorded in book 8725, page 110 of said Official
Records.
Also excepting one-half of all oil, gas and other
hydrocarbon substances in, on or under said land, as
reserved in the deed from W. E. Scott to R. W.
Mc Clellan and wife, recorded September 23, 1946 in
book 1453, page 199 of said Official Records; 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. PC84-236 granting
Conditional Use Permit No. 2636; 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.
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. 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, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2636 be, and the same is hereby,
granted permitting a vehicle sales center on the hereinabove
described real property, subject to the following conditions:
1. That this Conditional Use Permit is granted subject to
the completion of Reclassification No. 84-85-12, now pending.
2. That street lighting facilities along Wrangler Trail,
Taft Avenue and Eaton Way 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.
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3. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
4. That fire sprinklers shall be installed as required by
the City Fire Marshal.
5. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
6. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anaheim in an amount
as determined by the Office of the Utilities General Manager.
7. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council
for new commercial buildings.
8. That all engineering requirements of the City of
Anaheim along Wrangler Trail, Taft Avenue and Eaton Way,
including preparation of improvement plans and installation of
all improvements such as curbs and gutters, sidewalks, street
grading and pavement, sewer and drainage facilities, or other
appurtenant work shall be complied with as required by the City
Engineer and in accordance with specifications on file in the
Office of the City Engineer; 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
said improvements. Said security shall be posted with the City
prior to issuance of building permits, to guarantee the
installation of the above-required improvements prior to
occupancy.
9. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
10. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
11. That subject property shall be served by underground
utilities.
12. That in the event subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map to record
the approved division of subject property shall be submitted to
and approved by the City of Anaheim and then be recorded in the
Office of the Orange County Recorder.
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13. That the most northerly driveway on Wrangler Trail
shall be located a minimum of three hundred (300) feet south of
the southerly curb line of Ball Road.
14. That prior to issuance of a building permit, final
specific plans shall be submitted to and approved by the Planning
Commission.
15. That gates shall not be installed across any driveway
or private street in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation
of any gates within a distance of forty (40) feet from said
public street rights-of-way shall be subject to the review and
approval of the City Traffic Engineer.
16. That all air conditioning facilities shall be properly
shielded from view.
17. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
18. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1.
19. 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. 1, 2, 6, 7, 8 and 14,
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.
20. That prior to final building and zoning inspections,
Condition Nos. 4, 5, 9, 10, 11, 13, 15, 16 and 18,
above-mentioned, shall be complied with.
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.
City
1985.
1~HE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 10th day of September,
ATTES
r
ITY CLERK E CITY OF ANAHEIM
JLW:fm/4236M/092585
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MA OR OF THE CITY F ANAHEIM
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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. 85R-400 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 September, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt 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. 85R-400 on the 10th day of September, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of September, 1985.
i
_~ -' J
CITY CLERK THE C(I_TY OF ANAHE
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-400 duly passed and
adop~te~d by the Anaheim City Council on September 10, 1985.
CITY CLERK