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RES-1989-411 RESOLUTION NO. 89R-41l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3189. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EVERETT H. MILLER, 270 Roycroft Avenue, Long Beach, CA 90803, owner, and HANI EL HAJ, 20331 Bluffside, #305, Huntington Beach, CA 92646, agent, to permit an 8-unit (subsequently modified to 4-units) 5,040 square foot commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH 110.00 FEET OF THE SOUTH 310.00 FEET OF THE WEST 200.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH, range 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS INDICATED ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC89-2l7 granting Conditional Use Permit No. 3189; 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: GRNTG CUP 83189 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, Conditional Use Permit No. 3189 be, and the same is hereby, grated permitting a 4-unit, 5,040 square foot commercial retail center on the hereinabove described real property, subject to the following conditions: 1. 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 established by City Council resolution. 2. That the existing driveways on Brookhurst Street shall be removed and replaced with standard curb and gutter and sidewalk. 3. That the driveway on Brookhurst Street shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Department Standard No. 137. 4. That fire sprinklers shall be installed as required by the City Fire Department. 5. That subject property shall be served by underground utilities. 6. That no prepared-food service facilities (restaurants) shall be permitted in this commercial retail center unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or sufficient Code parking is provided. -2- GRNTG CUP 63189 7. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance And Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 8. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. Such information shall specifically be shown on the plans submitted for building permits. 9. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 10. That a six (6) foot high masonry block wall shall be maintained along the east property line. 11. That any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and shall be indicated on the plans submitted for building permits. 12. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 13. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 38 to the Zoning Division. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which are on file with the City marked Exhibit Nos. 1 through 4; except that the commercial retail center shall be divided composed of not more than four (4) units. 15. 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, 7, 8, 11 and 13, 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. -3- GRNTG CUP 83189 16. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 5 and 14, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning 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 lOth day of October, 1989. ATTEST: ~1'ti~ OF ANAHEIM JLW:db 3350L 101289 -4- GRNTG CUP 63189 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. 89R-4ll 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 October, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-4ll on the 16th day of October, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of October, 1989. ~~ . (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-4l1 duly passed and adopted by the Anaheim City Council on October 10, 1989.