RES-1989-433
RESOLUTION NO. 89R-433
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 3201.
WHEREAS, the City Planning Commission of the City of
Anaheim did received an application for a conditional use permit
from BROADWAY MAGNOLIA ASSOCIATES, HARBOR PACIFIC DEVELOPMENT,
4040 MacArthur Boulevard, Suite 314, Newport Beach, CA 92660,
owner, and HASSAN MILANI, 9372 Shannon Avenue, Garden Grove, CA
92641, agent, to permit a 1,620-square foot convenience market
(specialty grocery store) within an existing commercial retail
center upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP RECORDED IN BOOK
14, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL B: THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDER IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 13, BEING THE INTERSECTION OF THE CENTERLINE OF
BROADWAY STREET WITH THE CENTERLINE OF MAGNOLIA AVENUE, AS
PORTIONS OF SAID STREETS WERE DESCRIBED IN THE EASEMENT
DESCRIBED IN A DEED TO THE CITY OF ANAHEIM, RECORDED MAY 31,
1960, IN BOOK 5267, PAGE 216 OF OFFICIAL RECORDS; THENCE NORTH
o DEG. 11' 50" WEST, ALONG SAID CENTERLINE OF MAGNOLIA AVENUE
179.50 FEET; THENCE SOUTH 89 DEG. 36' 00" WEST 53.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEG.
36' 00" WEST 135.00 FEET; THENCE SOUTH 0 DEG. 11' 50" EAST
134.50 FEET TO THE NORTHERLY LINE OF SAID BROADWAY STREET;
THENCE NORTH 89 DEG. 36' 00" EAST ALONG SAID NORTHERLY LINE
120.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 15.00 FEET; THENCE EASTERLY
NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGEL OF 89 DEG. 47' 50" AN ARC DISTANCE OF 23.51 FEET
TO A TANGENT LINE, SAID TANGENT LINE BEING THE WESTERLY LINE
OF SAID MAGNOLIA AVENUE; THENCE NORTH 0 DEG. 11' 50" WEST
ALONG SAID WESTERLY LINE 119.55 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL C: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S. B. B. & M., IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M., AND RUNNING
THENCE SOUTHERLY 348 FEET TO THE POINT DESIGNATED HEREIN AS A
POINT OF BEGINNING; THENCE AT RIGHT ANGLES WESTERLY 192 FEET;
THENCE AT RIGHT ANGLES SOUTHERLY 40 FEET; THENCE AT RIGHT
ANGLES EASTERLY 20 FEET; THENCE AT RIGHT ANGLES NORTHERLY 30
FEET: THENCE AT RIGHT ANGLES EASTERLY 172 FEET, MORE OR LESS,
TO THE EAST BOUNDARY LINE OF THE SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE AT RIGHT ANGLES
NORTHERLY 10 FEET TO THE POINT OF BEGINNING; 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. PC89-240 granting
Conditional Use Permit No. 3201; and
WHEREAS, thereafter, within the tie 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 sue 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.
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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. 3201 be, and the same is hereby,
granted to permit a 1.620-square foot convenience market
(specialty grocery store) within an existing commercial retail
center on the hereinabove described real property, subject to the
following conditions:
1. That the legal owner of subject property shall dedicate
to the City of Anaheim a strip of land five (5) feet in
width located along the west property line of subject
property for public utility purposes.
2 (a) That no prepared-food service facilities (ie. fast
food) shall be permitted in this convenience market
unless a variance for parking is approved by the City
Council, Planning Commission or Zoning Administrator or
sufficient Code parking is provided.
(b) That no off-sale of alcholic beverages shall be
permitted in the convenience market.
3. 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
permi ts .
4. 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 be specifically shown
on the plans submitted for building permits.
5. That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City
of Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim. The appropriate permits shall be
obtained for any necessary work.
6. 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.
7. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
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8. That this conditional use permit is granted subject to
the recordation of Parcel Map No. 89-215.
9. That subject property shall be developed substantially in
accordance 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 Nos. 1
through 4.
10. That prior to commencement of the activity authorized by
this resolution, or prior to the 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, 3, 4, 5, and 8, 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.
11. That prior to the commencement of the activity authorized
by this resolution, or final building and zoning
inspections whichever occurs first, Condition No.9,
above-mentioned, shall be complied with.
12. 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 14th day of November,
1989.
ATTEST:
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CITY CLERK OF THE CITY OF 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. 89R-433 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 November, 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-433 on the 27th day of November, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of November, 1989.
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CITY CLERK OF THE CITY OF ANAHEIM
(S EAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-433 duly passed and
adopted by the Anaheim City Council on November 14, 1989.
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CITY CLERK OF THE CITY OF ANAHEIM