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RES-1989-434 RESOLUTION NO. 89R-434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3203. 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 from TAWA ANAHEIM PLAZA, 9225 Bolsa Avenue, Westminster, CA 92683, owner and REN-YNG-LIN, AlA, & ASSOCIATES, 16742 Gothard Street, Suite 114, Huntington Beach, CA 92647, agent to permit the division of commercial space in an existing commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 70 OF TRACT NO. 2517, IN THE CITY OF ANAHEIM, COUNTY OR ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 133, PAGES 40 TO 42 INCLUSIVE 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. PC 89-239 granting Conditional Use Permit No. 3203; 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. GRNTG CUP NO. 3203 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. 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 waiverls), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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. 3203 be, and the same is hereby, granted to permit the division of commercial space in an existing commercial retail center hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: 18.06.050.022 18.06.050.0231 18.44.050.0233 and 18.44.066.050 Minimum number of parking spaces. (1318 required; 746 pro- posed) SECTIONS 18.06.050.0211 subject to the following conditions: 1. That all driveways on Crescent Avenue and Euclid Street shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering -2- GRNTG CUP NO. 3203 Department Standard No. 137. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 2. That the total amount of square footage devoted to sit-down restaurants shall be limited to 24,220 square feet and fast food restaurants shall be limited to 1,750 square feet unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or unless sufficient code parking is provided. 3. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 365, 473, 1531, 1548, 1657 and 2401 to the Zoning Division. 4. 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. 5. 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. 6. 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. 7. 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. 8. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 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 are on file with the City marked Exhibit No.1. 10. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date -3- GRNTG CUP NO. 3203 of this resolution, whichever occurs first, Condition Nos. 3,4, 5 and 6, 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 Nos. 1 and 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. {~Jf~~r~ ATTEST: ~~7{~ CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3383L 111789 -4- GRNTG CUP NO. 3203 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-434 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-434 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. ~~7(S~ 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. 89R-434 duly passed and adopted by the Anaheim City Council on November 14, 1989. ~~ 7L ~ CITY CLERK OF THE CITY OF ANAHEIM