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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: - 2 - 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 - 3 - 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 - 4 - 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