Loading...
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 -1- .~.".:~I. :~~. ._...-..... . :.............. ....._......__..,. -=.:......1...'... ~~~~......:...~-.-....-__C'l\lI..'I: _. 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: --2- ATTY-26 (PII.. 2 of 2 PllveS) ". .._....~. .. "."- "". ...,. ....... ...~ .....~.... ...~.. ... ......r;o.... .....__......_ .10........-..-_ 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 JLW: fro 0146M -...-........ ..-...... .............'" I _...t............~., .......... ..:-~.....: _..-................_.... .....-...-...'""Il'."'A....-.-.,..,.,...._......._................~.."".~. 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